2013-2014 Social Studies 9 – Chapter 2

Chapter 2

“To what extent is the justice system fair and equitable for youth?”

Social Studies 9

Key Understandings

  • How do citizens and organizations participate in Canada’s justice system (i.e., jury duty, knowing the law, advocacy, John Howard Society, Elizabeth Fry Society)?
  • What are citizens’ legal roles and their responsibilities?
  • What is the intention of the Youth Criminal Justice Act?

Key Concepts Developed in this Chapter

Key Concepts DefinitionExamples

Fair and Equitable

Justice

Justice System

YCJA vs. Criminal Code Legislation

Extrajudicial Measures

Community Service vs. Criminal record

Individual circumstances

Sentence

Rehabilitate vs. Reintegrate

Juror, Jury & Jury Duty

Justice Advocacy Group, John Howard & Elizabeth Fry Society

Sentencing Circles

Common-good

Youth Justice Committee

Reading Activity 1: Student Questions for reading

1) The federal, provincial, and municipal governments all have powers to make laws. Why do you thinkthe Youth Criminal Justice Act is federal act rather than a provincial or municipal act?

2) Why do you think children under 12 are treated differently than children 12-17 years old?

3) Why do you think youth 12-17 are not treated the same way as adults?

4) Outline the following key points about the Act:

Purpose:

Rehabilitation:

Reintegration:

5) What special considerations must be made when choosing appropriate consequences and sentences for youth crime?

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2013-2014 Social Studies 9 – Chapter 2

6) Deterrence is not mentioned in the principles of the act? Why do you think it may have beenintentionally left out?

Activity 2: In a small group read the following case studies and answer the following questions on a separate sheet of paper for each case study.

Case Study #1
Late one summer, John Smith attended a party at a friend's house. At the time, John Smith was 16 years old and was looking forward to returning to high school the next month. During the party, at which both drugs and alcohol were consumed, an argument broke out between some friends of the accused and some uninvited young men who had shown up around 11:30 p.m. When the accused attempted to intervene, he was confronted by one of the uninvited young men. In retaliation, Smith, the accused, punched the young man causing him to fall and strike his head. Smith was charged with assault causing bodily harm.
Case Study #2
While at the mall with a group of friends, Jasmine saw a sweater that she had seen in a magazine. It would be perfect for her to wear at an upcoming family event. The problem was, the sweater cost considerably more than Jasmine could afford. She decided to try on the sweater anyway. It was a perfect fit! Her friends all told her how amazing the sweater looked on her and that she just had to have it. When Jasmine stated sadly that she could not afford it, some of her friends offered to distract the sales people in the store so that she could slip the sweater into her bag. After much thought, Jasmine agreed. As she headed out of the store, the alarm sounded. She had been caught.
Case Study #3
When A. J. got his driver's license, he could not wait to take his friends out for a drive. On a Saturday evening in the spring, A. J. and a group of his friends piled into the car and headed out from Lacombe toward Leduc. When they pulled up to a stoplight, a sporty car filled with another group of teens pulled up alongside. As they waited for the lights, the two cars began to rev their engines. When the light turned green the sporty car accelerated quickly. Not to be outdone, A. J. stepped on the gas, squealing tires, and his car followed in hot pursuit. The two cars sped down the road reaching speeds well above the speed limit. Suddenly, another car turned the corner into the path of the speeding cars. Swerving to avoid a collision, A.J.'s car hit the curb, flew across a lawn and smashed into the front of a house. Luckily, A. J. and his friends received only minor injuries but the front end of the car was destroyed and the house suffered several thousands of dollars in damage.

Activity 2 Continued: Record your answers below

For each case study…

1)Identify the victim of the crime,

2)the nature (type) of the crime (using the directory on following page)

3)the severity of the crime.

4)suggest a reasonable consequence for the crime committed.

Consider:

  • the youth who committed the crime; e.g., their freedom, well-being, long-term prospects
  • the victim of the crime; e.g., security, well-being, justice
  • society at large; e.g., security, well-being, justice
  • criminal justice system; e.g., ability to protect society and youth, self protection, efficacy, cost.

Some possible criteria you could include for determining a reasonable consequence:

  • is commensurate with the severity of the crime
  • considers the age of the accused
  • allows for rehabilitation
  • protects interests of all stakeholders.

Case 1:

Case 2:

Case 3:

Activity 3: Use your textbook (Ch. 2 pages 56-87) to help you answer the following questions:

1. What does the term fair and equitable mean?

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2. What is Canada's justice system and what is it trying to do?

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3. What is one of the fundamental principles of justice in Canada and otherdemocratic countries?

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4. In what ways does crime have a negative effect on quality of life?

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5. What would happen to society without justice?

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6. Why do you believe that the statue of justice is blindfolded and holds abalance?

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7. When you get caught breaking the law who begins to make choices aboutwhat happens to you?

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8. If you are arrested what rights do you have?

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9. What is the role of a Youth Justice Committee?

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10. What five aspects of the YCJA are mentioned on page 64?

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11. Before the Youth Criminal Justice Act every young person who brokethe law was charged and went to court. What problems did this create?

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12. Why does Anne McLellan say that young people, up to a certain age,should not be treated as adults?

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13. According to Anne McLellan how can young people get involved withyouth justice?

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14. What factors determine the consequences Young Offenders face? (p.68)

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15. What are the main principles of the YCJA and what is the overall purpose of the Act? (p.70)

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16. What facts regarding Aboriginal young offenders did Canada'sCorrectional Investigator find?

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17. In one sentence per article, summarize each of the articles on p. 72-73 below:

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18. In the cartoon on page 74 what do the jail and the young personrepresent?

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19. What is the main idea or point the artist is communicating?

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20. What is a jury?

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21. What must you do if chosen to serve on a jury?

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22. How can some people be excused from jury duty?

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23. Define the following terms

Defense - ____________

Prosecution - ____________

Sequester - ____________

24. Why is the accused shown to all prospective jury members?

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25. Who decides which prospective jurors will make up the final jury?

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26. In what ways does the court try to ensure that a sequestered jury does nothave contact with the outside world?

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27. How many of the twelve jurors are needed in order to pass a guilty or notguilty verdict and what happens if they don't?

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28. What are justice advocacy groups and what role do they serve in the justice system?

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29. How are the two major citizen-led organizations John Howard Societyand Elizabeth Fry Society involved in the justice system?In what way are the Elizabeth Fry and John Howard Societies different?

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30. What fundamental things would Brad Odsen of the John HowardSociety like to see government focus on instead of simply passingharsher laws?

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31. What are sentencing circles?

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Youth Crime in Canada: An Overview

  • Answer the following questions about youth crime in Canada by ticking the column if the statement is true and the column if the statement is false.
  • Flip through chapter 2 to find the answers…

Statements about the YCJA: / /
  1. Young offenders are treated differently than adult offenders

  1. The Youth Criminal Justice Act (YCJA) is the law that defines the consequences young people face for criminal offenses

  1. An 11 year old cannot be charged with a criminal offence

  1. A 15 year old can be given an adult sentence

  1. The names of young offenders cannot be published in the newspaper

  1. Young offenders do not get criminal records

  1. Two youths of the same age who commit the exact same offence may face different consequences

  1. Violent crime is dealt with more seriously than non-violent crimes

  1. Police do not need to charge first time young offenders

  1. The YCJA attempts to deal with the underlying causes of crime

  1. The YCJA tries to reintegrate young offenders back into society

  1. Young offenders are deemed to have a “reduced moral culpability”

  1. Youth crime in Canada is on the rise

  1. Most youth crime in Canada involves violence

  1. Youth that commit serious crimes often get off with a “slap on the wrist”

  1. The YCJA ignores victims of crime

  1. Aboriginal young offenders in Canada are more likely to get a tougher sentence than a non-Aboriginal young offender for the same offence

  1. Most young offenders only get in trouble with the law once

  1. A young offender who goes to trial cannot choose to be tried by a jury

  1. Do you think the law is tough enough on young offenders?

Reading Political Cartoons – CH. 2

What situation does the cartoon show? TOPIC

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What symbols does the cartoon use?

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What’s the intended message? ISSUE/PROBLEM & AUTHOR’s Response

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What situation does the cartoon show? TOPIC

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What symbols does the cartoon use?

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What’s the intended message? ISSUE/PROBLEM & AUTHOR’s Response

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What situation does the cartoon show? TOPIC

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What symbols does the cartoon use?

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What’s the intended message? ISSUE/PROBLEM & AUTHOR’s Response

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Chapter 2 - YCJA

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2013-2014 Social Studies 9 – Chapter 2

Self evaluation Checklist

I can... / Incomplete / Basic / Proficient / Evidence – What did we do in class?
Analyze the role citizens and organizations play in Canada’s justice system. (9.1.5)
Evaluate how citizens and organizations participate in Canada’s justice system: Jury duty; Knowing the law; Advocacy; John Howard Society; Elizabeth Fry Society
(9.1.5.1)
Analyze citizens’ legal roles and their responsibilities. (9.1.5.2)
Evaluate the intent and effectiveness of the
Youth Criminal Justice Act. (9.1.5.3)
I can read and interpret various resources including newspaper articles and political cartoons
demonstrate leadership in a group to achieve consensus

Teacher Marking Rubric for this Module

1 / 2 / 3 / 4 / 5
  • Booklet is significantly incomplete or wildly inaccurate
  • No significant corrections have been made
  • Student demonstrated little to no knowledge and/or there were glaring errors and many omissions.
/
  • Booklet is partially incomplete or inaccurate
  • Few significant corrections have been made or the booklet is only corrections
  • Unclear insight
  • Student demonstrated minimal knowledge and/or there are many errors or omissions of the subject being studied.
/
  • Booklet is partially complete and generally accurate
  • Appropriate corrections have been made
  • Predictable insights
  • Student demonstrated some knowledge of the subject being studied; however, there are some errors and omissions
/
  • Booklet is complete and accurate
  • Appropriate corrections have been made
  • Thoughtful insights
  • Student demonstrated good knowledge with only minimal errors or omissions of the subject being studied.
/
  • Booklet is thorough and accurate
  • Appropriate corrections have been made
  • Perceptive insights
  • Student demonstrated excellent knowledge of the subject being studied.

Reading Activity 7: Do you think the YCJA is fair and equitable?

Use the following three readings and political cartoon, as well as any information in this work booklet to answer the question:

Is the YCJA Fair and Equitable?

Reading 1:

December 23, 2008

Edmonton boy, 7, fatally stabbed by younger brother

The Canadian Press

EDMONTON — Police say a seven-year-old Edmonton boy was stabbed to death by his younger brother during a fight. The victim, whose name has not been released, died in hospital after the scuffle in a north-end residence last Sunday. An autopsy has determined that he was stabbed in the chest. Edmonton police say his brother, who is under the age of 12, will not be charged.

The Youth Criminal Justice Act (YCJA) deems that children between the ages of 12 and 17 have a reduced moral culpability and children under the age of 12 cannot be held criminally responsible for their actions.

Address the following questions in your response:

  • To what extent do you agree with the premise that young offenders have a reduced moral culpability and children under 12 cannot be prosecuted?
  • Under the current Canadian law, what do you think should happen to the boy who stabbed and killed his brother in the above news article?

Reading 2:

The Post editorial board on fixing the Youth Criminal Justice Act: Protect the public from violent criminals

Posted: May 22, 2008, 1:32 PM by Marni Soupcoff

Despite the Supreme Court's ruling on youth crime last week — or perhaps because of it -— the federal Conservative government is forging ahead with a comprehensive review of Canada's exceedingly lenient 2003 Youth Criminal Justice Act (YCJA). They must. The majority on the court may believe young offenders have a "fundamental" right to separate, lax treatment. But the public also has a right to be protected from violent criminals.

Last Friday, the very day the Supreme Court brought down its ruling, Statistics Canada reported "the crime rate among young people aged 12 to 17 climbed 3% between 2005 and 2006." More troubling, the agency reported that while "the overall rate of youth crime was 6% lower than a decade earlier and 25% below the peak in 1991," serious offences committed by young people have risen 12% over the past decade, and 30% since 1991. Drug crimes have nearly doubled and "the number and rate of young people accused of homicide in 2006 reached their highest point since data were first collected in 1961." In all, nearly one in five teenagers will have a run-in with the law before they turn 20, a rate more than twice that for the adult population.

So what is to be done?

Since its introduction in 2003, the YCJA has produced mixed results. Its second-chance approach for minor offenders does seem to have encouraged many single-offence law-breakers to sin no more. But the steady rise in major youth crimes shows the YCJA is having the opposite effect with the most hardened of young thugs.

Two-thirds of all youth crimes — and nearly all the violent offences — are committed by those young people with five or more crimes on their records. It is these habitual criminals the Tories must deal with harshly. And since the justices did not rule out the imposition of harsh penalties for all young offenders, the government has room to introduce get-tough amendments that will protect the public from the worst of the worst young offenders

Reading 3:

Monday, September 29, 2008

Don't extend youth prison terms: judge

Says most young offenders rehabilitated 'without custody'

Shannon Kari, National PostNick Brancaccio, Canwest News Service File Photo

The Nova Scotia judge whose inquiry into the youth justice system was lauded by Stephen Harper says the Conservative call for longer prison terms for young offenders is unnecessary.

"I understand that Mr. Harper believes the public at large wants this. If that is true, someone is failing to educate the public," said Merlin Nunn in an interview with the National Post.

"The Youth Criminal Justice Act needs a few changes. We don't need to say we are going to put in longer sentences for youth," said Mr. Nunn, who is retired from the bench and is presently the conflict of interest commissioner in Nova Scotia.

The former Nova Scotia Supreme Court judge was appointed by the provincial government to head a commission of inquiry following the death of a 52-year-old woman in 2004 who was killed in a head-on collision with a 17-year-old youth.

The Nunn Commission report, issued in December, 2006, contained 34 recommendations. The youth crime announcement last week by the federal Conservatives promised to implement two of the recommendations -- the expansion of the definition of a violent offence and amendments to make it easier for judges to deny bail to youths facing multiple charges. Those two recommendations are also part of the election platform of the Liberal party.

An amendment to the YCJA to give judges more discretion to deny bail to repeat offenders is necessary, said Mr. Nunn. What is not needed are wholesale changes to the youth criminal justice system, he stressed.

"There are a small group of repeat offenders and they are playing the system," said Mr. Nunn. The overwhelming percentage of young people who face criminal charges, often for petty crimes, are "handled perfectly by police and prosecutors," he said. "They are dealt with and there is rehabilitation without custody," he stated.

Overall crime has been falling since the early 1990s according to the Canadian Centre for Justice Statistics and violent youth crime has remained stable for several years.

While 14-year-olds may already receive life sentences for crimes such as murder, if the Crown convinces a court to sentence the offender as an adult, the Conservatives are promising "enhanced youth sentences" for a number of offences.