Lesson 5: Youth Criminal Justice Act – Key Elements

Assessment

Activity 1: Legal Rights of Youth

Participation marks can be given for group and class discussion work. Have your students complete the scenarios in Handout 2: Legal Rights of Youth - Scenario. Also have them complete this review quiz on Handout 3: Legal Rights of Youth-Quiz.

Answer Key: Handout 2: Legal Rights of Youth - Scenario

Option 2 is correct as the police have the right to stop Jude and to search his bag as he fits the description of the person involved in the second crime, he is out at a very early time in the morning and he is carrying a very large, heavy bag which could conceal the missing items. These “objective reasons” known in legal language as “articulable cause” support the original stop or detention of Jude. The search of the bag may be reasonably necessary in the circumstances especially if the officers are concerned about their own safety (there may be a weapon in the bag). He should give his name and address to the police. Once Jude gives his name, his previous offence and the conditions of probation will show up on the police computer system. Then the police have the right to arrest him as he is breaching his probation by not obeying his curfew. The police do have the right to search his bag once Jude has been arrested. Jude does not have to say anything else to the police as he has the right to remain silent.

Option 1 is partly correct because Jude gives his name and address. Jude can be cooperative with regard to giving his name, address and letting his bag be searched. The police have articulable cause (objective reasons) for the detention or stop and the search of the bag is reasonably necessary in the circumstances because Jude fits the description of the suspect. However, he is not obliged to cooperate with the officers by answering their questions until he has a parent, guardian, or other responsible adult and a lawyer with him.

Option 3: This is incorrect because Jude should* in most cases give his name and address to the officers. The police officers have a right to stop him because he matches the description of the person involved in the crime they are investigating. He is also carrying a heavy bag and is out at a very early time in the morning. These facts form the basis for the articulable cause for the stop or detention. In fact he has done something wrong as he has breached his probation. As discussed above, the police in most cases will also have the right to search his bag as an incident to the stop.

*Usually, a person who is stopped or detained by police will be required to give his or her name and address. However, in some circumstances a person may not have to give their name and address. See the case of Regina v. Guthrie (1982) 69 CCC (2nd) 216

(Alberta C.A.).

Answer Key: Handout 3: Legal Rights of Youth - Quiz

  1. The police have objective reasons for stopping Jude as he matches the description of the person they are looking for and Jude is out early in the morning carrying a large, heavy bag.
  2. The right to refuse the search of his bag.
  3. a and b  Call a lawyer and Call his parents or other responsible adult.
  4. Jude will be photographed and fingerprinted.
  5. a, c, and d His case will be handled in a timely manner. The province may try to recover the costs of his legal aid lawyer from his parents if a program exists for the recovery of that cost. If Jude is Aboriginal and is somehow found guilty of this offence, the judge while sentencing will take into account his Aboriginal background.

Activity 2: Extrajudicial Measures and Sanctions

Participation marks can be given for group and class discussion work. Have your students complete this review quiz on this topic which is on Handout 7: Extrajudicial Measures-Quiz.

Answer Key: Handout 5: Police Discretion, Crown Diversion, and Court Options

1.) CD or PD             6.) CD or PD

2.) C                            7.) CD or PD

3.) C                            8.) C

4.) PD                         9.) CD or PD

5.) CD                         10.) C

Answer Key: Handout 7: Extrajudicial Measures and Sanctions Quiz

  1. False
  2. False
  3. False
  4. True
  5. True
  6. False
  7. True
  8. True
  9. False
  10. True
  11. True
  12. True
  13. False
  14. True
  15. False
  16. True