August 23, 2002
SUMMARY OF ROUNDTABLE ON YOUTH CRIMINAL JUSTICE ACT:
IMPLEMENTATION IN SASKATCHEWAN
COMMISSION PROCESS:
On Friday, August 23, 2002 The Commission on First Nations and
Métis Peoples and Justice Reform held a roundtable on the new YCJA Act and the
effects it will have in Saskatchewan In attendance at the Wanuskewin Heritage
Park gathering were the Commissioners and staff plus invited guests from a wide
range of service and government organizations. An open discussion was held
throughout the day. This roundtable progressed in a different manner than other
roundtables. Due to the specifics of this topic, presentations were made first
on the new Act and then how the different organizations were going to implement
it. The Commission put forward their preliminary comments in our January 15,
2003 report entitled A Dialogue in Progress: Focus on Youth. You can read more
on this on our website at
www.justicereformcomm.sk.ca and for more information on the YCJA Act
itself you can go to
http://canada.justice.gc.ca/en/ps/yj
GENERAL INFORMATION:
The purpose of the roundtable was to bring together leading
authorities on the issue of First Nations and Métis justice to generate and
share ideas with the Commissioners. The agenda was structured so that Katherine
Latimer, Director-General with the Federal Government could give an overview of
the goals and objectives of the new Youth Criminal Justice Act. The only
guideline in the discussion was that they look to the future and what the
opportunities and challenges would be, and that they contribute to creating a
healthy, just, prosperous and safe Saskatchewan.
MAIN THEMES:
FEDERAL BACKGROUND
The background to why new legislation was needed was discussed
and the following points were put forward as to why the federal government felt
it was necessary to replace the Young Offenders Act with the Youth Criminal
Justice Act. They include:
- Too many young people are charged and often incarcerated
with questionable results;
- Procedural protections for young people are not adequate;
- Too many youth end up serving custodial sentences with
adults;
- There are disparities and unfairness in youth sentencing;
- Interventions are not appropriately targeted to the
seriousness of offences;
- They are not adequately meaningful for individual offenders
and victims;
- Does not adequately support rehabilitation and
reintegration.
HOW THE YCJA PROPOSES TO ADDRESS THESE FLAWS
The YCJA is being implemented in an attempt to correct
fundamental weaknesses of the YO Act and will attempt to result in a fairer and
more effective youth justice system by:
- Targeting Responses of the Youth Justice System to the
Seriousness of the Offence;
- Clarifying the Principles of the Youth Justice System;
- Ensuring Fairness and Proportionality in Sentencing;
- Respecting and Protecting Rights;
- Enabling Meaningful Consequences Aimed at Rehabilitation;
- Supporting Reintegration after Custody;
- Encouraging an Inclusive Approach to Youth Crime.
PROVINCIAL OVERVIEW
Following the presentation from the Federal Government on the
YCJA Act, the different Provincial representatives picked up the discussion.
There were two views discussed:
- The Renewal of Youth Justice: Implications for Aboriginal
Youth in Conflict with the Law
Concern was expressed on the high rate of Aboriginal youth being involved in
all stages of the youth justice system. It was again identified that the
Speech from the Throne stated a goal of reducing the incarceration rates of
Aboriginal, both adult and youth. The presentation described the process of
using a multi-disciplinary initiative to enable the prevention, provide
meaningful consequences and to assist in rehabilitation and reintegration or
our youth.
- Dialogue on the YCJA: Saskatchewan Perspective
The impact of this new Act will work towards more community front-end measures
being implemented instead of the high reliance on custody. The Act presents
many opportunities to work with different organizations to reduce the numbers
of youth in custody. The area of resources needing to be found and the
reallocation of supports in the communities was discussed. The need to build
partnerships with an increased involvement of First Nations and Métis people
are critical.
Comments from the participants regarding the new Act and the
implementation of it included:
- To decrease the numbers of youth incarcerated the new
"School Plus" initiative needs to be supported as it is a revolutionary
process that could be a key factor in keeping youth in school;
- The needs of youth with FASD are still not being addressed
and more resources need to be put into this area. Front end services are
critical;
- Remand facilities in the North are inadequate and the
services recommended are difficult to obtain.
