SR Vol 27 No 3, July 2009 - Nova Scotia Barristers' Society

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You be the judge five years have passed since a fatal car accident in Halifax added fuel to a nationwide push to toughen up the Youth Criminal Justice Act (YCJA). High on drugs Q:Almost and driving a stolen car just two days after his release from custody on prior car theft charges, teenager Archie Billard ran a red light and slammed into teaching aide Theresa McEvoy’s station wagon, killing her instantly. The resulting public inquiry – helmed by retired Justice Merlin Nunn in 2006 – offered 34 recommendations for reforming youth justice, including six aimed at strengthening the YCJA. It should be easier for judges to detain young people who have shown “a pattern of offences” and pose a risk to public safety, said the final report. Inspired by the Nunn Commission, Ottawa introduced Bill C-25, An Act to Amend the Youth Criminal Justice Act – nearly two years ago. The proposed legislation aims to strengthen provisions on pre-trial detention and sentencing for youth, and hold young people more accountable for crimes they commit. Now 20 years old, Mr. Billard was released from prison last month, after serving the mandatory two-thirds of his adult sentence of 54 months. With the resolution of the case that sparked the call for change, it seems timely to ask: if adopted, would Bill C-25 offer real solutions for youth justice issues? 4 (Opinions expressed are those of the authors.) You don’t have to face this alone. Someone is available 24 hours a day, everyday — the NS Lawyers Assistance Program Advisor. Completely Confidential Assistance 1-866-299-1299 Information | Counselling | Support www.nslap.ca 32 The Society Record
You be the judge A :Youth crime in Halifax continues to frequent our headlines. Unfortunately, it seems that violent crime committed by youth is on the rise. Our city received national attention when a teenager in a stolen car attempted to escape the police, and ended up causing the death of an innocent woman by the name of Theresa McEvoy. Following the Nunn Commission of Inquiry, the federal government began to have talks across the nation with those who work in the area of youth crime. They also proposed certain amendments to the Youth Criminal Justice Act to address the inadequacies that they felt were important. The intention of the two proposed amendments that did not become law before the close of the 39th Parliament on September 7, 2008 were to broaden the possibility of pre-trial detention for a young person who represents a danger to the public or has previously failed to comply with conditions of release and to add the denunciation and the deterrence of unlawful conduct to the Act’s principles of sentencing. Though these amendments seem simple and perhaps even necessary, in my opinion they overlook the real issues with the youth criminal justice system. In Nova Scotia, we still lack resources to assist the young people who get involved in crime. A great number of them are children in the care of the Department of Community Services (DCS) and/or those with serious mental health issues. This is not a new problem, and many workers in youth justice concur that there is too high a number of young persons from this vulnerable group. Wait times for counselling and mental health services still continue to be lengthy. Residential programs for those with severe issues are difficult to access and relatively impossible for children who are not in the care of the DCS and/or are 16 years of age or older. Rickcola Slawter Nova Scotia Legal Aid Youth Justice and Duty Counsel Office Recently, the media has been paying attention to a young person who is in the care of the DCS, who was also reportedly involved in the youth criminal justice system. This young person is now being sent to the United States for treatment, because the treatment that is necessary to assist this young person is not available in this jurisdiction. Unfortunately, this is not a rare occurrence. So often judges, lawyers and youth workers are faced with impossible situations for our youth, which the criminal justice system has no ability to address or rectify. The YCJA specifically states that pre-trial detention should not be used as an alternative for appropriate child protection, mental health or other social measures. Part of the reason that YCJA reserves custody for violent and repeat offenders is because Canada had such a high reliance on custody for youth. Amendments such as the ones suggested by the federal government would make it easier to jail the most vulnerable children in our society. The children who have no parents and live in group homes that they did not choose for themselves, or the ones with impulse problems and/or other serious mental health problems. These are the young people who are repeatedly arrested and often remanded. And until we acknowledge them, deal with them and truly help them, these types of amendments will just make it easier to institutionalize them. July 2009 33
Page 1 and 2: the SOCIETY RECORD VOLUME 27 | NO.
Page 3 and 4: Contents VOLUME 27 | NO.3 | July 20
Page 5 and 6: the president’s view This is my f
Page 7 and 8: BRIEFS Annual Meeting 2009 - June 1
Page 9 and 10: BRIEFS Cocktails & Conversations wi
Page 11 and 12: BRIEFS Steeves’ ensuing critical
Page 13 and 14: society news Library & Information
Page 15 and 16: ACCOLADES Brenda Pate, Janet Steven
Page 17 and 18: Children: Our future leaders and ed
Page 19 and 20: “Young people need an avenue to f
Page 21 and 22: LIANS Tips from the RISk & Practice
Page 23 and 24: eyond a reasonable doubt or beyond
Page 25 and 26: A meeting of minds Students and law
Page 27 and 28: Total Practice Solutions Succeed wi
Page 29 and 30: Youth Work that works Including you
Page 31: schools and other community organiz
Page 35 and 36: to subject youth to an adult senten
Page 37 and 38: Restorative practices at work in th
Page 39 and 40: July 2009 39

SR Vol 27 No 3, July 2009 - Nova Scotia Barristers' Society

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