YCJA – 10th anniversary

 April 1, 2013

 The Youth Criminal Justice Act: April 1 marks the 10th anniversary

 John Howard Society and Catherine Latimer remember…

Ten-years ago today, just days before the Youth Criminal Justice Act came into force, the John Howard Society of Canada hosted a significant two-day forum called “The Voluntary Sector and Youth Justice in Canada: Where Social Justice meets Criminal Justice”.  Over 300 members of the voluntary sector from across the country met in Mississauga, Ontario.

As Graham Stewart wrote at the time, “this conference is about finding and using the opportunities in the Youth Criminal Justice Act that can contribute to social justice.  It is about kindling the flames, sharing knowledge and building networks that will enhance our role, build community, and prepare the environment where an effective, just and humane youth justice system is possible.”

One of the policy objectives of the Youth Justice Renewal Initiative was to enhance community involvement.  The fact that the conference was funded by Justice Canada, Youth Justice Policy was perhaps testament to the belief that the voluntary sector was critical to whether the renewal of youth justice in Canada would be successful.  The coming together of different sectors and disciplines in the belief that collaboratively we could help some of our most troubled youth was indeed critical to the successful implementation of the Youth Justice Renewal.

One of the major problems identified by a Parliamentary Committee studying the old youth justice system was that, compared with other countries, far too many youth were being dealt with through the youth criminal justice system and far too many were receiving custodial sentences.  (Editor added emphasis) The Renewal was to target the youth justice system for the more serious criminal acts and find more effective community-based alternatives for the less serious ones.  A greater emphasis was also placed on community-based sentencing options and greater support for the rehabilitation and reintegration of those who received custodial sentences.  It was recognized that legislative change alone would not deliver the needed changes and the federal government provided funding for programs, crime prevention, public and professional education, and partnerships with other sectors.

Congratulations to all the John Howard Societies and other NGOs who pursued the opportunities for innovation and partnership with provincial and territorial governments and others in Canada’s renewal of youth justice.  The results have been stunning.  The youth correctional statistics in Canada show that there were about 1,500 youth in custody on any given day in 2010/2011 (54% in remand and 44% in sentences custody).  Before the Renewal of Youth Justice the daily counts of youth in custody in Canada were in the 4,000 range.

The benefits to youth and society for the efforts you have made to pursue effective and proportionate approaches for troubled youth have been huge.  Our work is not done.  There are still far too many youth in custody for administration of justice offences and at the pre-trial stage but as we mark the 10th anniversary of the Youth Criminal Justice Act, let’s take the time to celebrate some significant steps forward in our pursuit of a just, effective, and humane youth justice system.

 Vancouver Sun – Canadian Press
Vic Toews told again to accept transfer of Quebec man held in U.S. prison

In March, 2009, the US approved a transfer for Yves Lebon, a Quebecer held in a Georgian prison convicted of drug offenses.  Toews has refused the transfer for the last four years and the Federal court now requires immediate compliance with the order.  http://www.vancouversun.com/news/Appeal+court+affirms+order+Toews+accept+prisoner+transfer/8018822/story.html#ixzz2P1mxrgl2

 ABQ Journal (New Mexico) – Bill Rodgers
Proposal puts healing over hostility

This proposal comes from a state judge who estimates that the emotional content of this case calls for healing rather than ‘threats, hostility and resentment.”  The case involves shooting and wounding two people. http://www.abqjournal.com/main/2013/03/30/north/proposal-puts-healing-over-hostility.html 

 National Post – Tristin Hopper
Ontario judge rebukes Quebec over ‘useless’ sentencing report submitted in the wrong language

A Montreal justice worker has infuriated the judge, the defense and the prosecutor by submitting an ‘inflammatory’ pre-sentence report for a man accused of prostitution offenses. http://news.nationalpost.com/2013/03/28/ontario-judge-rebukes-quebec-over-useless-sentencing-report-submitted-in-the-wrong-language

 Harvard University Law School – Deborah Anker
Fighting for the Rights of Immigrant Detainees

The author of a leading treatise, Law of Asylum in the United States, Anker directs a law student project called the Bond Hearing Project to provide legal advice to immigration cases.  Approximately 80% of immigration hearings are conducted without legal representation.  http://blogs.law.harvard.edu/harvardimmigrationclinic/2013/03/27/fighting-for-the-rights-of-immigrant-detainees

 British Medical Journal (BMJ) International –
Transferring healthcare for immigration detainees in England to the NHS (National Health Services)

Consequent to a finding of inhuman and degrading treatment in four separate cases, the UK court has ordered the transfer of health care for immigration detainees to its national provider.  http://www.bmj.com/content/346/bmj.f1884/rr/638590

 FT Magazine (UK) – Isabel Berwick
Gang of one: Penny Woolcock’s new documentary

A 63 year old grandmother and professional filmmaker has made a documentary film called One Mile Away about brokering a truce between two Birmingham rival street gangs known as the Burger Bar Boys. http://www.ft.com/cms/s/2/75d962dc-8b75-11e2-b1a4-00144feabdc0.html#axzz2P2D2vmnn

 Globe and Mail – Kim Mackreal
Kachkar verdict spurs call for action on crime bill

Kachkar is the driver of a stolen snow-plow truck who rammed and killed a Toronto police sergeant trying to stop him.  He has been found not-criminally-responsible (NCR). The officer’s widow wants C-54, a bill to amend the NCR provisions, passed quickly.  http://www.theglobeandmail.com/news/national/kachkar-verdict-spurs-call-for-action-on-crime-bill/article10435954 

Related article by Globe and Mail’s Mackrael:
High-risk offender label ‘misses target,’ says head of Ontario Review Board

http://www.theglobeandmail.com/news/politics/high-risk-offender-label-misses-target-says-head-of-ontario-review-board/article9848889/?cmpid=rss1