Young Offenders: Phase II Review

A. Introduction
This document is a response to the invitation to participate in the Phase II Review of the Young Offenders Act undertaken by the Standing Committee on Justice and Legal Affairs at the request of the Minister of Justice.

The John Howard Society of Canada welcomes the opportunity to participate in this broad, in-depth review of juvenile justice legislation in Canada. We have been concerned that the changes to the Young Offenders Act since its passage in 1984 by way of amendment have been done in a piecemeal fashion, primarily reacting to public demands for a "quick fix" to the perceived problems of youth crime. This more thorough review of all aspects of the legislation allows for change to occur through broad consultation within a framework based on clearly articulated principles and guiding philosophies of youth justice and supported by carefully constructed empirical research on the effectiveness of strategies for dealing with youth in contemporary Canadian society. We applaud such an approach and are strongly committed to the idea that our country's response to the problems of youth crime must be careful, principled and studied and not merely a reaction to fear, anger and public misconception.

This brief has been prepared in two major parts. The first part, Main Submission, addresses those points which we feel are most relevant to the current situation with respect to youth justice in Canada and the work of the Justice and Legal Affairs Committee during the Phase II Review of the Young Offenders Act.

The second part, Background Information, Analysis and Positions, is being submitted as a separate companion document which provides further clarification of the various issues and positions taken with respect to the policy and practice of juvenile justice in Canada. The proposals put forth are based on the long history of the John Howard Society across Canada in working with offenders, both adult and youth, and the communities in which they live. The recommendations are consistent with positions that have been developed and promoted over the years with respect to the reform of the criminal justice system. The views expressed also reflect and are consistent with international commitments made by Canada, specifically the United Nations Convention on the Rights of the Child and Standard Minimum Rules for the Administration of Juvenile Justice (known as the Beijing Rules), aimed at protecting and nurturing the children and youth of our country.