Youth Justice Services
Overview
Youth Intervention Centres
Types of Custody
Programs and Services
The Youth Criminal Justice Act in Ontario
Services and Offices Directory
Overview
The Ministry of Children and Youth Services provides youth justice services to youth, aged 12 to 17 at the time of their offence, who are charged with or convicted of criminal or provincial offences.
The government is committed to a youth justice system that builds safer communities by holding youth accountable for their actions, and helps young people in conflict with the law get their lives back on track to become contributing members of society.
The federal Youth Criminal Justice Act, which has been in effect since 2003, balances the use of custody, for those youth who require it, with community-based responses when youth can be safely diverted or supervised in their community.
Youth Intervention Centres
Ontario's youth intervention centres provide structured and closely supervised programs as an alternative to custody for lower-risk youth who have broken the law.
See the April 13, 2006 announcement of 12 new youth intervention centres for more information. Also see a map and list of youth intervention centres.
These new non-residential centres are part of an innovative and comprehensive approach that helps troubled young people accept responsibility for their actions while helping them to become contributing members of their communities. Young people participate in programs appropriate to their assessed needs, such as anger management, anti-violence programs, life skills, counselling, peer relationships and employment readiness.
Programs may also include contact with families and community resources to support the young person. Young people who do not participate as required may be returned to youth court for further action.
Types of Custody
In Ontario, there are two types of settings for youth custody — open and secure.
Open custody is imposed on youth by a judge at the time of sentencing. Open custody residences are operated by agencies under contract to the ministry and provide residential supervision within the community.
Secure custody facilities are for youth deemed by the courts to require close monitoring and/or programming in a confined setting. Secure facilities, unlike open custody residences, are surrounded by a maximum-security fence.
A young person may be placed in either open or secure detention prior to trial or awaiting sentencing.
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Programs and Services
All youth, except those awaiting trial, participate in a case management plan with their case manager.
The case management process:
- addresses areas of risk and the needs of the young person; and
- sets out a plan for programs and services to reduce the risk to re-offend.
Treatment Services
Treatment services are included in the planning for the community supervision portion of the custody sentence.
Treatment services are integrated into the full range of rehabilitative programs and include:
- psychological and psychiatric therapy;
- education;
- counselling for alcoholism;
- substance abuse;
- literacy;
- life skills;
- employment counselling;
- chaplaincy services;
- anger management;
- recreation; and
- discharge planning.
Educational Programs
In the secure custody facilities, the ministry has contracted with local district school boards to provide on-site educational programs. Young persons in open custody residences may attend schools in the community. In many locations, the ministry operates its own schools to provide educational programs for the youth.
Aboriginal Youth
Where possible, Aboriginal youth are placed in environments that are sensitive to Aboriginal culture and concerns. The needs of Aboriginal youth from remote reserves may be met by local services provided under agreement with local Aboriginal bands. Aboriginal programs are available in all secure custody facilities settings.
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The Youth Criminal Justice Act in Ontario
The Government of Canada's Youth Criminal Justice Act (YCJA), which came into effect on April 1, 2003, introduces significant changes to the Canadian youth justice system. The legislation, which holds youth accountable proportionate to the severity of the committed offence, places:
- more emphasis on rehabilitative programming for serious and chronic offenders;
- a stronger reliance on community supports and reintegration programs; and
- greater use of assessment, alternatives to custody and measures other than judicial proceedings.
The YCJA gives the provinces and the territories some flexibility when implementing the YCJA, by allowing them to design their systems to reflect their philosophies and the specific needs of their jurisdictions.
The YCJA allows the Ontario government to develop a system that will permit the province to meet its objectives in working with youth, while still adhering to the requirements of the legislation. Ontario will continue to improve and develop new services and programs for youth that are more effective, accountable, structured and efficient, and that maintain the highest level of public safety for Ontarians.
Sentencing Orders
The YCJA states that the purpose of sentencing is to hold young people accountable for the offence by imposing just sanctions that have meaningful consequences for the young person, that promote their rehabilitation and integration into society thereby contributing to the long-term protection of society. A key principle of sentencing under the new legislation is that the sentence a youth receives should be in proportion to the seriousness of the offence.
The YCJA's mandatory and elective sentencing options provide the flexibility provinces need to explore various program designs and delivery options, while maintaining the philosophy, objectives and strategic priorities of their youth justice systems.
One of the new youth sentences available under the YCJA is the custody and supervision order.
The custody and supervision sentence comprises two components: a period of custody and a period of supervision in the community. The proportion of custody to supervision in the community is two-thirds custody to one-third supervision.
One purpose of this sentence is to assist the young person in the transition from custody to successful reintegration into the community.
Measures Outside of the Formal Court Process
The YCJA recognizes that many young people are brought into the formal justice system for minor offences that, in some cases, could be more effectively dealt with in the community in less formal but meaningful ways. The legislation provides for a range of programs and alternatives to deal with less serious crimes, while reserving the formal court process for more serious offences. These extra-judicial measures focus on personal accountability and repairing the harm done.
These options include:
- verbal warnings and cautions from the police;
- informal police diversion programs such as a referral to a conference which may involve the youth, the youth's family, the
- victim and others in addressing the young person's offence; and formal programs requiring community service or compensation.
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For More Information
See also:
Ontario Youth Intervention Centres
"Your Rights and Responsibilities as a Young Person in a Detention or Custody Facility."
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