OTTAWA (CP) - The number of youth crime cases
coming to court fell dramatically last year in the first
year under the new Youth Criminal Justice Act.
Statistics Canada says the annual case load declined
by the largest annual amount in more than 10 years.
Judges heard 70,465 cases in the 2003-2004 fiscal year,
down 17 per cent from the previous year.
It was the single largest annual decline since 1991-1992,
the first year national figures were available.
The case load has been falling gradually, mainly because
of a steady drop in cases involving property crimes.
serious cases out of court, dealing with them less formally
and telling youths of the consequences of their crimes.
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While I certainly agree that youth should be given access
to diversion and rehabilitative and supportive programming,
what isn't part of this article is the fact that a good portion
of youth, including high-risk offenders, have learnt that
the YCJA has no teeth. Kids know that they won't get
charged, or breached, that any orders they might actually
receive aren't going to be enforce. They are learning that
frankly there are few consequences for their criminal and
often risky behaviour.
There has always been this small percentage of criminally
involved youth that have acted recklessly in that way, especially
youth with Fetal Alcohol Syndrome and other cognitive/intellectual
deficits, however I've definitely observed a real awareness
on the parts of youth to create more mayhem, with the
knowledge there will be few repercussions. I've also
observed that youth probation, Crown counsel and youth
court judges are not recommending as serious consequences,
or enforcing the orders in place. While I will always view
myself as an advocate and voice for children and youth,
I also have the capacity to understand that some youth
are a danger to themselves, others and society and must
be reined in, stabilized and separated from peers who influence
their behaviour in the community. Sometimes that can only be
done during a brief stay in jail. Sounds harsh, it is. But some
of these youth wouldn't blink twice about doing what they
want in the moment. Right and wrong, caring about others is
abstract for some youth. There is only the present moment
and need, or desire.
These YCJA changes were implemented, in part, as a result of
the fact that Canada had an even higher youth incarceration
rate than our jail happy neighbours, America. While I don't
agree that this is the way to go, especially for those with invisible
disabilities (the saying goes FAS boys get locked up, the girls get
knocked up). The reality is that there is a larger generation of
youth who are growing up to have no fear, or respect for the
safety of themselves, or others, nor respect for the law.
Of course a cynical person might also think that this policy and
practice shift might also reduce the overhead that goes into
funding the youth criminal justice system and all of its attendant
community sector programs, such as probation schools, forensic
and/or mental health services and residential resources and
one to one workers (intensive supervision and support workers
[ISSP].
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