Definitions
The following terms are defined within the context of the Youth Criminal Justice Act.
ADULT: A person 18 years of age or older.
ADULT SENTENCE: In the case of a young person who is found guilty of an offence, any sentence that could be imposed on an adult convicted of the same offence.
AGENCIES: Any organization where youths are placed for purposes of completing treatment, programming, community work service hours or fine-option programs.
BENCH WARRANT (issued by Youth Justice Judge): Held – the warrant is held until the next court date. If the young person does not show at that time, the warrant is executed. Unendorsed – the warrant is executed, RCMP informs the young person of the court date and releases him or her. Endorsed – the warrant is executed and RCMP detains the young person until a show-cause hearing.
CASE MANAGEMENT: The process of organizing, coordinating, implementing and recording the involvement and information sharing of all persons/service providers significant to the young person.
CHARGE: A formal accusation under due process of law against a young person that must be dealt with in a recognized court of law (youth justice court), unless a formally recognized alternative process is used.
CONFERENCE: A group of persons convened to give advice on appropriate extrajudicial measures, conditions for judicial interim release, sentences, including the review of sentences and/or reintegration plans.
COURT REGISTRY: Within the Court Services of the Department of Justice and responsible for administration and court services.
CROWN ATTORNEY: A lawyer who presents the Crown’s case to the court.
CUSTODY: A period of time that is spent in a youth custody facility. Facilities may include Young Offenders Facility in Yukon, a community caregiver, a group home, or a wilderness camp. All custody sentences include a period in custody, followed by a period under supervision in the community.
DETAIN: Hold in custody while awaiting show-cause, trial or sentencing.
DETENTION: Holding a young person in custody for a period of time prior to sentencing.
DETENTION ORDER: An order made by a Justice of the Peace or a Youth Justice Court Judge detaining a young person in custody for an indefinite period while adjudication and (if appropriate) sentencing processes are completed.
DISCRETIONARY POWER OF CROWN COUNSEL: Crown Counsel has the following discretionary powers:
- whether charges will be laid or the case will be taken to a youth justice court.
- whether to “stay” or “suspend” charges. The Crown Counsel has up to one year after the stay/suspension to reintroduce the case.
- whether to “withdraw” charges. The Crown Counsel may decide to withdraw the charges but can lay new charges related to the offence at a later date.
- whether to refer the case to a Community Justice Committee when appropriate.
- whether to proceed, either summarily or by indictment. This is called Crown Election.
EXTRAJUDICIAL MEASURES: Measures other than court proceedings used to deal with a young person who has allegedly committed an offence. Examples include police warnings and cautions, Crown cautions, referrals to community programs and extrajudicial sanctions.
EXTRAJUDICIAL SANCTIONS: A program authorized under s. 10 of the YCJA. This is a more serious and formal level of response within “Extrajudicial Measures.”
INFORMATION: A document outlining offences/charges pertaining to an activity in violation of any pertinent legislation.
IRCS: An intensive rehabilitative custody and supervision order that may be considered as an alternative to an adult sentence. This type of order is only made only for specified serious offences.
JUDICIAL INTERIM RELEASE: The release from custody while awaiting trial or court appearance. (Commonly referred to as “getting out on bail”.)
JUSTICE OF THE PEACE (JP): A person duly appointed by the Yukon Minister of Justice to perform specified duties in accordance with legislated authorities, which include hearing show-causes and remanding young persons, but (except for Whitehorse) does not include sentencing.
OFFENCE: An offence created by an Act of Parliament or by any regulation, rule, order, bylaw or ordinance made under an Act of Parliament (federal offences prosecuted under the YCJA) or an ordinance of the Yukon (territorial offences prosecuted under the Young Persons Offences Act). Offences may be indictable (more serious), summary (less serious), or hybrid (Crown may elect to proceed with as indictable or summary).
OFFENDER: In the context of youth justice, a young person who has been determined by a JP or Judge to be guilty of an offence whether on acceptance of a plea of guilty or on a finding of guilt at a trial.
OPEN CUSTODY CAREGIVER: A person with whom a young person who has been sentenced to an Open Custody and Supervision Order is placed by the Provincial Director and who, by agreement, has assumed responsibility for the young person’s care and control.
PARENT: Any person who is under a legal duty to provide for the young person or any person who has the custody or supervision of the young person. This does not include a person who has the custody or control of the young person by reason only of proceedings under the YCJA.
POLICE DISCRETION: Based on investigations and the type of offence, the RCMP decides how best to deal with the young person.
POST-CHARGE: An activity related to the YCJA occurring after an information is laid.
PRE-SENTENCE REPORT: A report on the personal, educational and family history and present environment of a young person presented to the judge before sentencing.
PRE-CHARGE: An activity related to the YCJA occurring before an information is laid.
PRESUMPTIVE OFFENCE: A serious offence such as first degree murder, second degree murder, manslaughter, attempt to commit murder, aggravated sexual assault or serious repeat violent offences committed by a young person 14 years or older. For these offences, a youth may receive an adult sentence.
PROBATION: A period of time that a person serves under the supervision of a youth worker with certain conditions attached. These conditions may include a curfew or a prohibition to carry a weapon.
PROHIBITION ORDER: An order that forbids a certain action.
PROPORTIONATE SENTENCING: When the severity of the punishment is directly related to the crime.
PROVINCIAL DIRECTOR: A person designated to perform either generally or in a specific case any of the duties or functions of a provincial director under the YCJA. In the Yukon, this refers to the Director of Family and Children’s Services Branch. Most duties and functions are delegated to the Manager of Youth Justice.
RECORD: Any information created or kept for the purpose of the Youth Criminal Justice Act.
REHABILITATION: Helping a young person with problems or issues so that he or she does not re-offend.
REINTEGRATION: Bringing the young person back into the community safely and successfully after a period of custody. A reintegration plan will be used for this purpose.
REINTEGRATION LEAVE: Formerly referred to as Temporary Absence, this is used for rehabilitative and reintegration purposes. Specific to custodial sentences, a reintegration leave allows the young person to participate in day programming, family visits and attend treatment or other programming.
REINTEGRATION PLAN: A plan devised to ease the young person back into the community safely and securely after a period of custody.
REMAND ORDER: An order made by a JP or a Youth Justice Court Judge to hold a young person in custody until the date specified for the next court appearance.
REPARATIONS: The act of making amends for a wrong or injury.
RIGHT TO COUNSEL: A youth’s right to speak with a lawyer.
SERIOUS VIOLENT OFFENCE: When a young person causes or attempts to cause serious bodily harm, the Youth Justice court may make a judicial determination that the offence is a serious violent offence.
SHOW-CAUSE HEARING: When the RCMP apprehends a young person for an alleged offence and holds him or her in custody, the young person is entitled to has a show-cause hearing before a youth justice judge within a 24-hour period. The hearing determines whether or not he or she will be detained, and, if applicable, the conditions of his or her release.
TEMPORARY RESTRAINT: The RCMP have the right (no authorization is required) to hold a young person for a short period of time after an arrest. This facilitates questioning him or her. The RCMP must notify the parents of the young person.
VICTIM: A person who has been harmed by the offence and has a right to be informed of and participate in the YCJA proceedings.
VOLUNTARY CLIENT: A young person who is involved in a Youth Justice program (e.g. Youth Achievement Centre, Youth High Risk Treatment Program) on a voluntary basis rather than through a court sentence.
WHITEHORSE YOUTH JUSTICE PANEL: After a charge has been laid, the inter-agency Whitehorse youth justice panel may provide recommendation to the Crown on youth who are presently before the court.
YOUNG PERSON: A person 12 years of age or older, but less than 18.
YOUNG PERSON: A person who is, or, in the absence of evidence to the contrary, appears to be 12 years old or older, but less than 18 years old and, if the context requires, any person who is charged under the YCJA with having committed an offence while he or she was a young person or who is found guilty of an offence under the YCJA.
YOUTH CUSTODY FACILITY: A facility for placing youth, which may include the Young Offenders Facility in Yukon, a community caregiver, a group home, or a wilderness camp.
YOUTH JUSTICE COURT: A court where youth matters are heard.
YOUTH SERVICE WORKER: In the Yukon, a front-line worker who works directly with young persons in a secure- or open-custody setting.
YOUTH WORKER: Youth probation officer designated to perform duties and functions of a youth worker under the YCJA.
YCJA: Youth Criminal Justice Act.