I always have a problem with statistics when they are dropped with little context, but ignoring that for a second, let's take a look at the premises:The paper, co-authored by Nick Bala, a Queen's University law professor; Peter Carrington, a University of Waterloo sociologist; and Julian Roberts, a leading Canadian criminologist who teaches at Oxford University in Britain, will be published this year in the Canadian Journal of Criminology and Criminal Justice.
The Youth Criminal Justice Act, enacted by the Liberal government almost six years ago to replace the embattled Young Offenders Act, promotes rehabilitation for young people aged 12 to 17 who are in trouble with the law, while reserving incarceration for violent crimes.
When the act was adopted in 2003, Canada had one of the highest youth-incarceration rates in the world. Those numbers have declined a dramatic 36 per cent in the last five years, according to the latest report from Statistics Canada.
The revamped laws, which set out clear rules on when judges can impose incarceration, have also reduced a patchwork of practices from province to province, the analysis said.
Not only are fewer adolescents being incarcerated, there also has been a dramatic decrease in the number being charged by police as they seek alternative rehabilitative measures, such as community programs, counselling, apologies to the victim and other "extra-judicial" measures.
If: Fewer Youth are being charged
And: Youth incarceration rates have dropped 36% in 5 years
Then: The YCJA is a clear success in keeping adolescents out of court and custody without increasing youth crime.
If fewer youths are being charged, it would logically follow that fewer would be incarcerated, as one feeds into the other. Because Police forces have been told that they need to seek every means possible to avoid laying charges, it is likely that charges are not being laid even when there may be some grounds to do so as a result of this policy. Does the lack of charges, therefore, logically lead to the conclusion that the YCJA has been keeping youth out of court without increasing youth crime?
In the last year, deaths and injuries resulting from 'youth' being kept out of custody have been noteworthy. In Winnipeg, as an example, a group of 14 youths caused one death and several injuries while joyriding around in stolen cars while drunk and stoned. Another one rammed a police car trying to provoke a persuit. Another three, again in a stolen car, tried running down joggers for sport. Three youths have several hundred vandalism charges outstanding against them. Another group, who were attending an auto-theft rehabilitation program, decided to steal a car to get there because they thought it was too cold to take the bus. Every city across Canada has a similar story. Most of these youth have long histories with the law, and they know how to manipulate the system. They view the minimal incarcerations to which they are subjected as a badge of honour that is a mild inconvenience at worst.
When any feedback loop is shorted, problems invariably ensue. When actions provoke no meaningful consequences, what incentive would there be to change them?
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