Legal Resources
CONFERENCES UNDER THE YOUTH CRIMINAL
JUSTICE ACT
For
a complete review of the provisions of the YCJA relating
to conferences see the Conferences
module on the Canada Justice website.
“Conference” is defined in section
2 of the YCJA as “a group of persons who
are convened to give advice in accordance with section 19.”
This definition allows for flexibility in approach to the
conferencing experience. It can have a restorative objective,
such as offender/victim reconciliation or group conferencing.
It may take the form of a sentencing circle where the Judge
is a participant or it may simply mean case management discussion
with professionals.
Section
19(1) provides that the following may convene a conference
or cause one to be convened:
A
youth justice court judge;
The Provincial Director;
A police officer;
A justice of the peace;
A prosecutor; or
A youth worker as defined in s.2.
[Note: defence counsel have no ability to convene a conference.]
Section 19(2) allows for wide application.
It provides that a conference “may be, among other things” to
give advice on:
Appropriate extra-judicial measures;
Conditions for judicial interim release;
Sentences;
Review of a sentence;
Reintegration plans.
Section
42(1) requires a youth justice court to consider the recommendations
made of a conference at the sentencing hearing. With the insertion
of the phrase “among other things”, it is reasonable
to suggest that the mandate may be extended to adult sentencing
hearings and appeals.
Section
18 establishes the formation of Youth Justice Committees
and defines their functions. Section 18(2)(e) includes acting
as a conference as one such function.
Section
19(3) allows for the Attorney General of a province to establish
rules for the convening and conducting of conferences other
than conferences convened or caused to be convened by a youth
justice court judge or justice of the peace.
Calgary Community Conferencing is a well-established
program that facilitates restorative conferences convened
through
the youth justice system. Their stated principles include:
The provision of opportunities for participation
in a safe and respectful process;
Facilitating youth initiated agreements as a commitment
to moving forward;
A commitment to the use of constructive, non-stereotyping
language;
The purposeful preparation of all participants;
A commitment to identifying significant adult support
for all youth participants; and,
A commitment to the involvement of the community.
For
a review of the program, view Calgary
Community Conferencing, and learn about written
decisions in the area.
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