The Youth Criminal Justice Act (YCJA): a brief introduction.

• Author: Olsen, Erin
• Position: Criminal law

This new legislation governing youth criminal conduct came into effect on April 1, 2003. Anyone who has heard comments in the news about the YCJA has probably heard the pundits and politicians make both "tough on crime" and "soft on crime" comments about it. In reality, the legislation signalled a community-based approach to youth criminal justice to an extent not seen under previous legislation, the Young Offenders Act and the Juvenile Delinquents Act. This column will highlight a few of the community-based initiatives in the YCJA.

A new program called "Extrajudicial Measures" has been established. The YCJA presumes that extrajudicial measures are often the most effective way to address youth crime. However, that presumption extends only as far as non-violent offences and only if the young person has not previously been found guilty of an offence. So ... what are extrajudicial measures? They can include police warnings, police referral to a program or agency in the community (such as AADAC or child welfare services), police referral to a youth justice committee, or participation in a community conference. As you can see, the police usually administer extrajudicial measures. No court appearances are required.

A recent example of how extrajudicial measures works comes from Sgt. Darcy Murray with the Lethbridge Police Service. Three young men drove a pick-up truck to a construction site and stole some building materials from the site. A neighbour wrote down the licence plate and called the police. A police constable located the vehicle nearby, and there were the three youths in the middle of building a skateboard ramp! The constable spoke to a parent of one of the young men. They all agreed on what was to happen. First, the youths returned to the construction site with the remaining material and unloaded it. Next, they apologized in person to the homeowner from whom they had stolen the material. The homeowner estimated the missing material was worth approximately $50. The parent of one of the youths paid the homeowner $50, and lastly, the youths agreed with the homeowner and the police that they would repay the parent.

Obviously, it took some time out of the constable's, the parent's, and the victim's day to deal with these young men in this way. However, there were immediate consequences for their behaviour, and not only the police, but also the family and victim (community) were involved in those consequences, likely making them more...