Community Accountability Programs Information ... - Ministry of Justice
Community Accountability Programs Information ... - Ministry of Justice Community Accountability Programs Information ... - Ministry of Justice
The following information was taken directly from the Youth Criminal Justice ActCanada Pocket Guide 2003 - British Columbia Edition, originally published by theProvince of Nova Scotia, and is based on Moving Forward: Pocket Guide to the YouthCriminal Justice Act Canada.VICTIMS’ ISSUESVictims are mentioned in several provisions of the Act.PreambleCanadian society should have a youth criminal justice system that…takes into accountthe interests of victims.Peace BondsPeace Bonds may be ordered under subs.14(2) (youth court judges) & subs.20(2) (JPs– where the jurisdiction permits and authorizes).General principlesMeasures taken against a YP should encourage the repair of harm done to victims andcommunities. subpara.3(1)(c)(ii)Special considerations apply to proceedings against YPs. In particular• Victims should be treated with courtesy, compassion, and respect for their dignityand privacy, and should suffer the minimum degree of inconvenience as a resultof their involvement with the youth criminal justice system subpara.3(1)(d)(ii)• Victims should be provided with information about the proceedings and given anopportunity to participate and be heard subpara.3(1)(d)(iii)Principles of youth sentencingsubpara.38(2)(e)(iii)Subject to the limit of proportionality, the sentence SHALL promote a sense ofresponsibility in the YP and an acknowledgement of the harm done to victims and thecommunity.Factors to consider in youth sentencingIn determining a youth sentence the court SHALL take into account
• The harm done to victims and whether it was intentional or reasonablyforeseeable para.38(3)(b)• Any reparation made by the YP to the victim or the community para.38(3)(c)Protective MeasuresA Justice has jurisdiction to make an order under Section 810 (recognizance – fear orinjury of damage) of the Criminal Code in respect of a YP subs.20(2)Objectives of extrajudicial measurespara.5(d)Extrajudicial measures provide an opportunity for victims to participate in decisionsrelated to the measures selected and to receive reparation.Extrajudicial sanctions s.12Victims are entitled, on request, to information about the identity of the YP and how theoffence was dealt with when extrajudicial sanctions were used.Youth Justice Committees s.18Youth Justice Committees may support the victim by soliciting their concerns orfacilitating reconciliation.Victim fine surcharge s.53The YCJA allows the province to use a percentage of a fine for the assistance of victimsand allows for a surcharge to be ordered where the province does not establish one.Publication s.111(see “Rules governing young witnesses and victims”, p.102)Unchanged from the YOAAs with the YOA• Victims should be interviewed for a pre-sentence report if reasonably possiblepara.40(2)(b)• Victim impact statement provisions of the CC apply to youth sentenceproceedings s.50• Publication of the identity of child or young victims and witnesses is NOTpermitted except as provided for in the Act (see “Rules governing youngwitnesses and victims,” p.102) s.111
- Page 18 and 19: Administering the program• Ensure
- Page 20 and 21: • If a young person is dealt with
- Page 22 and 23: Guidelines for working with victims
- Page 24 and 25: • Information on the justice syst
- Page 26 and 27: committed, they then decide how to
- Page 28 and 29: • The offender must accept respon
- Page 30 and 31: Diversion strategies and measures b
- Page 32 and 33: and how offences are affecting your
- Page 34 and 35: • Victim services and other justi
- Page 36 and 37: undertake each action, and set real
- Page 38 and 39: • Effects of victimization• Wor
- Page 40 and 41: • Volunteers and any other person
- Page 42 and 43: RECORDS MANAGEMENTThe goal of a rec
- Page 44 and 45: of the provincial government. The p
- Page 46 and 47: • Facilitate restorative justice
- Page 48: Before a conferenceis convened(cont
- Page 51 and 52: General criteriaCommunity Accountab
- Page 53 and 54: • Whether and how it has changed
- Page 55 and 56: AppendicesAppendix A - Categories o
- Page 57 and 58: CATEGORIES OF OFFENCES* Please note
- Page 59 and 60: VICTIMS OF CRIME ACT[RSBC 1996] CHA
- Page 61 and 62: "victim service" means a service th
- Page 63 and 64: Goals(d) if the offender is or will
- Page 65 and 66: Validity of proceeding, etc.11 (1)
- Page 67: Appendix C - References to Victims
- Page 71 and 72: Appendix D - References to Victims
- Page 73 and 74: Appendix E - Victim Service Directo
- Page 75 and 76: Appendix F - Extrajudicial Measures
- Page 77 and 78: measures if the YP has previously b
- Page 79: Appendix G - Restorative Justice Pr
- Page 82 and 83: Provincial Directory of Restorative
- Page 84 and 85: Port McNeillPrince GeorgePrince Rup
- Page 86 and 87: Community Youth Justice ProgramFras
- Page 88 and 89: 100 Mile House Community Accountabi
- Page 90 and 91: Justice Alternatives - Lakes Distri
- Page 92 and 93: West Shuswap Alternative MeasuresCo
- Page 94 and 95: Chilliwack Restorative Justiceand Y
- Page 96 and 97: Clearwater Restorative Justice Prog
- Page 98 and 99: Cranbrook Community Restorative Jus
- Page 100 and 101: Dawson Creek Community Justice Prog
- Page 102 and 103: Fort St. John Community Justice Pro
- Page 104 and 105: Fraser Region Community Justice Ini
- Page 106 and 107: Golden Youth and Adult Diversion Pr
- Page 108 and 109: Harrison-Kent Youth Diversionand Co
- Page 110 and 111: Secwepemc Community JusticeContact
- Page 112 and 113: Central Okanagan Restorative Justic
- Page 114 and 115: Ladysmith and District Community Ac
- Page 116 and 117: Langley Youth and Family ServicesCo
The following information was taken directly from the Youth Criminal <strong>Justice</strong> ActCanada Pocket Guide 2003 - British Columbia Edition, originally published by theProvince <strong>of</strong> Nova Scotia, and is based on Moving Forward: Pocket Guide to the YouthCriminal <strong>Justice</strong> Act Canada.VICTIMS’ ISSUESVictims are mentioned in several provisions <strong>of</strong> the Act.PreambleCanadian society should have a youth criminal justice system that…takes into accountthe interests <strong>of</strong> victims.Peace BondsPeace Bonds may be ordered under subs.14(2) (youth court judges) & subs.20(2) (JPs– where the jurisdiction permits and authorizes).General principlesMeasures taken against a YP should encourage the repair <strong>of</strong> harm done to victims andcommunities. subpara.3(1)(c)(ii)Special considerations apply to proceedings against YPs. In particular• Victims should be treated with courtesy, compassion, and respect for their dignityand privacy, and should suffer the minimum degree <strong>of</strong> inconvenience as a result<strong>of</strong> their involvement with the youth criminal justice system subpara.3(1)(d)(ii)• Victims should be provided with information about the proceedings and given anopportunity to participate and be heard subpara.3(1)(d)(iii)Principles <strong>of</strong> youth sentencingsubpara.38(2)(e)(iii)Subject to the limit <strong>of</strong> proportionality, the sentence SHALL promote a sense <strong>of</strong>responsibility in the YP and an acknowledgement <strong>of</strong> the harm done to victims and thecommunity.Factors to consider in youth sentencingIn determining a youth sentence the court SHALL take into account
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