INSIDE

What can the police do?...........2

Cyberbullying is a Crime .........2

You Need a Lawyer..................2

Letters from Portage Drug Treatment Program..................3

Careers in the Justice System...4

Youth Justice Word Search.......4

Contact Info and Resources ....4

Whatʼs The Youth Criminal Justice Act?

If you’re a young person between the ages of 12 and 17, you should be interested in the Youth Criminal Justice Act.

Why? This law affects you and your Why? This law affects you and your rights. There have been changes rights. There have been changes to the way Canada deals to the way Canada deals with youth who commit with youth who commit crimes. This Act replaced crimes. This Act replaced the old Young Offenders the old Young Offenders Act and focuses on the Act and focuses on the prevention of crime, prevention of crime, the involvement of the involvement of the community, and the community, and the rehabilitation the rehabilitation process.

This new law This new law looks at the looks at the young person young person as an individual. as an individual. The consequences The consequences are designed to are designed to specially fi t the specially fi t the young person’s young person’s crime, past criminal history criminal history and life situation. and life situation. This means that This means that the consequences the consequences are more meaningful to meaningful to the individual, the individual, and may have a larger have a larger impact, if a young person hates to clean

toilets, their sentence may include toilets, their sentence may include custodial duties in a community custodial duties in a community

centre for a certain amount centre for a certain amount of time. Or if a youth of time. Or if a youth

has been found has been found selling, taking selling, taking or possession or possession of drugs the of drugs the youth may youth may to be taken to be taken into custody into custody

(jail) and will (jail) and will have to spend time have to spend time

away from friends away from friends and family. Rather and family. Rather then placing the young then placing the young person in a correctional person in a correctional facility (jail), the facility (jail), the person may be given person may be given the opportunity to try the opportunity to try and repair the harm and repair the harm that he/she has caused that he/she has caused to the community, by to the community, by strengthening their strengthening their community ties.community ties.

This not only gets the This not only gets the young person involved young person involved with the community, but with the community, but it also gives the victim it also gives the victim a chance to be involved a chance to be involved with the process. Even with the process. Even small crimes can have small crimes can have a huge impact on a huge impact on people’s lives. Let’s people’s lives. Let’s say you broke a say you broke a

person’s window, but the person has no extra money to fi x it. They might have to take their grocery money and not buy groceries for that week so the window can be fi xed.

Not only can the victim get involved with the sentencing of the young person, other community members can have a chance to be part of the process. The judge may ask neighbours, teachers, sports coaches and other people that the young person knows to speak about the person’s character and behaviour, before the judge makes his/her decision.

The rehabilitation of the youth is extremely important in the Act. This law looks at what caused the criminal behaviour and attempts to fi nd solutions to the root cause in addition to consequences for the

person’s action. If a young person has problems with drugs or alcohol the court may send the youth to an addition program, along with a variety of other responses.

The new Youth Criminal Justice Act provides a variety of ways to deal with young people who come in confl ict with the law. This approach allows the family, the victim and, of course, the offender to be actively involved with the process. The focus of the Act is not simply punishment, but also to prevent re-offending.

www.youthjustice.nb.ca March 2006

What are the Guiding Principles of the Youth Criminal

Justice Act?

Guiding Principles help explain the purpose of the law and help people understand how the law is to be used. The guiding principles of the YCJA are:

• Crime Prevention

• Meaningful Consequences

• Rehabilitation (addressing the root causes of crime)

• Reintegration (helping people back into the community safely)

You can fi nd more information about these guiding principles on our website – www.youthjusticenb.ca

You Need A Lawyer…One of the most fundamental rights in the justice system

in Canada is the right to a lawyer.

Cyber-bullying is a crimeCyber-bullying is any bullying that involves

the internet or electronic devices.

With 99% of students in Canada using the internet, and nearly 60% of students using chat rooms and instant messaging, cyber-bullying has become a problem for many teens and a challenging issue for teachers and parents. Someone is a cyber-bully if they are:

• Sending cruel, or threatening messages electronically.

• Creating web sites (or blogs) that have stories, cartoons, pictures, and jokes ridiculing others.

• Posting pictures of their classmates online and asking students to “rate” them.

• Breaking into an e-mail account and sending mean or embarrassing things to other people.

• Taking a picture of a person in the locker room using a cell phone camera and sending that picture to others.

• Engaging someone in IM (instant messaging), tricking that person into revealing sensitive or personal information, and forwarding that information to others.

What can the police do?The job of your local police force is to protect

your community and the people in it.

If the police arrests or charge you with a crime, it is a good idea to get a lawyer to help you get through the situation. Let’s face it, laws are complicated and most people are not aware of their rights under the law. If you have a lawyer, she/he will make sure that your rights are being respected.

If you are arrested, the police will

Although, you might never have to come into contact with the police, there are a few things that you should know. You do have rights when you are dealing with the police. It is important to know and understand your rights and to speak up if you’re being treated unfairly. What are police allowed to do?

If a police offi cer approached you and asks personal questions like your name, address, age or parents names, it is always a good idea to answer these questions. These types of questions only involve general information. However, if the police start to ask you questions that involve more then just general information you do not have to answer them. You have the right to speak with your parents, a lawyer, or another appropriate adult before you answer any of the questions. You will not get in trouble for refusing to answer questions without a lawyer You do not have to wait for the police to read you your rights to ask for a lawyer, you’re entitled to your rights all the time without anyone telling you.

What if the police take you to the police station, what rights do you have? The police are allowed to detain you if they arrest you of being involved with a crime, but again you have the right to get a lawyer or speak with another adult. It is a good idea to wait and talk to a lawyer before you answer any of the questions just to make sure you understand what they

are asking and the consequence of answering them. The police may tell you that you do not need a lawyer to make a statement, this is true, but you don’t have to give a statement without a talking to a lawyer fi rst. Your parents will also be called or notifi ed that you are at the police station.

Where can the police detain a youth? If the police are detaining you, they are not allowed to place you in the same room as adults. Under the Youth Criminal Justice Act, a young person who is under the age of 18 has to be detained in a separate youth facility. If there is not a youth facility in your community, the police will detain you in a separate room in an adult facility.

What about physical force? The police are allowed to use a certain amount of physical force on you to enforce the law, if you are a danger to yourself or someone else, or if you are trying to escape from being arrested. The police must try any other means necessary fi rst before physical force is used. However, physical force is not allowed in any other situation, the police can not make you answer questions by use of physical force.

Police do have a great amount of authority, but you do have rights. It is always best to know and understand your rights just in case one day you’re faced with dealing with the police.

The fact that people can hide their identity on the web creates an environment where bullies think they can be more aggressive because there is less chance they will be caught. Not knowing who is sending the threats or comments can be more harmful to victims because they do not know how many people are involved and how many people have seen it.

Cyber-bullies can make the victims feel alone and afraid. The stress can cause victims to drop out or do poorly at school, become sick or even suicidal.

Web pages, instant messaging and cell phones can be a great way for teens to communicate or express themselves, however, if you use these tools to threaten, embarrass or hurt others, it’s a crime.

If you are a victim of cyber bullying or know someone who is visit the Canada Cyber Bullying Website:

www.cyberbullying.ca To report internet abuse visit the

Network Abuse Clearinghouse: www.abuse.net

inform you of the right to a lawyer. Exactly how does a person fi nd a lawyer, you ask? Many places have what is called a legal aid offi ce. They keep lists of lawyers who specialize in criminal law and work with youth. Another option is to look in the yellow pages. This may be confusing because there are so many lawyers to choose from. You can narrow down your

search by focusing on lawyers that specialise in criminal law.

After you have found a lawyer, you need to fi nd a way to pay for his/her services. If you have a job, you may be able to pay for it yourself. You can also ask your parents to help you with the fees. If your parents can’t or won’t help pay for a lawyer, you can always make a request at your local Legal Aid offi ce where they will see if you qualify for help paying for a lawyer. If all else fails, you can ask the judge to assign you a lawyer for your trial.

Although, you can have another adult

represent you, it is usually better to have a lawyer. Lawyers have special training in courtroom procedure and your rights. Lawyers are experienced and can give you the best suggestions and information about your situation.

Although it may seem to be a diffi cult task to fi nd a lawyer, it’s important to remember that the benefi ts far outweigh the costs. Trial can be intimidating and confusing but a lawyer can help prepare you, explain the process, explain your rights and make sure that you are treated fairly.

I moved to an apartment in the same part of town with a couple of friends and paid by selling dope. At the time I had a warrant for my arrest and had to stay inside during the day and be amongst the shadows at night. After a couple of months I was caught doing a home invasion.

I was sentenced to 125 days in the N.B.Y.C. I appeared in the Provincial Youth Court and had to decide between sobriety and more time in jail. I quickly chose sobriety because I was tired of living my life in misery. That decision led me to where I am today. Portage.

If I didn’t make the choice to come here I would be dead by the age of thirty or locked up with no ambition to live a normal life. Now I have the support of my family. Jail is nothing but a nightmare, your family doesn’t know who you are or what you have become. Portage is a place where you learn the true meaning of life, self-worth and how sweet it really is to live drug and alcohol free.

To know that I never have to live in the shadow of drugs again is an honour. So “be real” and stay away from drugs and fi nd the real way to live instead of learning the hard way.

My Story:

Letters from Portage Drug Treatment Program

My Story #1

It all started when I was 8 years old. I was playing hockey when a neighbourhood kid came down the street swinging a metal pole. I was scared, so I hit him in the head. His grandmother came running down the street and I ran home. The police showed up about forty fi ve minutes later and started questioning me. I told them what happened, and was relieved when they told me I wasn’t going to be charged.

When I was 13, I got caught with two friends in a stolen car. We were bringing drugs to B.C. and were about half an hour away when the car ran out of gas. We hid the drugs in a ditch but the police caught us, so off to jail I went. I spent the day in lockup and the night at a child protection house. In the morning, two police offi cers took me to the airport. They told me I was fl ying to New Brunswick to live with my mom and that they had been sent to keep me from running away since I was already listed as a missing person. I felt humiliated.

A month later, I found out my stepfather had cheated on my mom. I hated him and told him I was going to kill him. I grabbed a knife and waited for him to arrive so I could stab him. My mom started crying so I stormed out. I was at a friend’s place an hour later when the police showed up. They told me they were not pressing charges, but that I had to fi ll out some papers in their car. When I got in the car, they told me that they were actually pressing charges. I freaked out in the back of the car. I was charged with threatening serious bodily harm and was sent to a foster home. I ran away two weeks later and started doing drugs regularly.

I was sent back to court but the judge decided to give me another chance. She sent me home saying she never wanted to see me in her courtroom again. That same night, I stole a car and went

joyriding with friends. The next thing I knew, I was in the back of a cruiser. I was sentenced to house arrest followed by deferred custody and probation. I fi nished my house arrest but then I got back with my friends and back into the dope. I was arrested again, sent to jail, and then to a foster home.

I ran away and spent the night in an abandoned house where I sliced my wrist falling through a window. I had cut seven veins and punctured an artery. At the hospital, the police showed up while I was waiting for a doctor. They told me they wouldn’t arrest They told me they wouldn’t arrest me if I promised me if I promised to go back to my to go back to my group home, so I group home, so I agreed. I stayed agreed. I stayed in the home for two days before running away again. I got messed up and tried to steal and tried to steal another car. The another car. The cops pulled up around cops pulled up around me and I punched an offi cer me and I punched an offi cer in the mouth. The police in the mouth. The police tackled me, and I passed out. tackled me, and I passed out.

I woke up the next morning I woke up the next morning in the NB youth centre. I in the NB youth centre. I went to court, was charged, went to court, was charged, and was sent to jail for two and was sent to jail for two months before coming to months before coming to Portage. I have now been Portage. I have now been here for three months.here for three months.

My Story #2

I grew up in a bad neighbourhood. By the age of 14 I was involved in the Youth Justice System. I was never a bad kid. I played sports and never failed a grade in school.

It all started at the age of 13 when I got into using drugs with my friends and looking for ways to get money. Using drugs led me to where I am today.

At 14 I was arrested for the fi rst time for possession of drugs and alcohol. Because I had a warning before, I was out of free chances. I had to spend the night in city lock up and was fi led into probation.

The next day I returned home and back to my daily life. I was hanging around my same gang of friends, robbing people, houses and businesses. When I was 15 I was charged for probation breaches, assaults and break and enter. I was sentenced to the New Brunswick Youth Center in

Mirimachi for 21 days. Mirimachi for 21 days.

When I got out I hadn’t When I got out I hadn’t changed at all, just a little changed at all, just a little meaner. Typically I didn’t meaner. Typically I didn’t follow my probation and follow my probation and I was caught for home I was caught for home invasions, possession invasions, possession of drugs and break and of drugs and break and enter. After I was out enter. After I was out of the last time, when of the last time, when I was 16, I was put on I was 16, I was put on Intensive Supervision Intensive Supervision Probation (ISP) but that Probation (ISP) but that still had no effect on still had no effect on me. Eventually I got me. Eventually I got fed up and bored at fed up and bored at home so I decided to home so I decided to

leave.leave.

Careers in the Justice SystemHave you ever considered a career in the Criminal Justice System? You may not be aware of all the different career paths that are available in this fi eld. We have interviewed professionals working in New Brunswick to fi nd more information about these jobs. We have listed the job titles and descriptions below. If you would like more information on any of these careers, visit our online newsletter at www.youthjusticenb.ca. We have also asked the following questions: What are the types of organizations hire these professionals?What education or training do you need to do this job?What are three skills that are important to this type of work?What is the upside of working in this career?What is the downside of working in this career?Where can you fi nd more information about this type of work?

Provincial Court JudgeA provincial court judge deals with all kinds of adult and youth (ages 12 to 18) criminal matters to fi nd ways of delivering justice to those who are in violation of the law. This involves hearing witnesses at trial, applying the appropriate law and making decisions. It also involves accepting guilty pleas and imposing sentences.

LawyerA defense lawyer’s role in the criminal justice system is to give advice to clients about their rights and the law. They also act on behalf of the client, this means doing up the legal paperwork and representing the client in court.

Paralegal A paralegal is an employee at a law fi rm who assist lawyers with preparing court documents, and performing other tasks which help prepare for the case.

Police Offi cerA member of the RCMP, in charge of the Problem Oriented Policing Section, is responsible for addressing community needs, while utilizing problem solving techniques.

Restorative Justice CoordinatorBeing a Restorative Justice Coordinator means working with victims and offenders involved in a confl ict with the law. They come to Restorative Justice as an alternative to the existing court system to try to come up with an agreement where all parties will be satisfi ed with the results. The goal is to try to restore harmony or some kind of a relationship. In Elsipogtog all parties sit in a circle setting with the assistance of the volunteers from the community to discuss the issue and try to resolve it without disputes.

Academic Coordinator for Rehabilitation FacilityThis job involves working with youth who are in a drug and alcohol treatment facility in an educational capacity, teaching, and networking with other schools and organizations.

Youth Justice Word SearchY C R I M I N A L N E J C S M S T C R F C D M C O D U O R I T X I F T R T O F I U D N E Y B R T L O S M H G T C G S E T Q L U C I M Y N M A A E E P R U O E O U B I U Q B T O Q Q S S R F N C Y I N T O I P U N R D C I W L L E S E R O L E B N B T A L N Z N T N P N S N B S Y L U L A W Y E R O E M C W P S B Y D O T S U C Y P H E Q O Y L I M A F Y O U T H S S Z L U G R O I T U M B O Q J E D I F J M I K P J E R U F J Y R C

S J I Y F W H F F L D B Y W E

BULLYING COMMUNITY CONSEQUENCESCOURT CRIMINAL CUSTODYEDUCATION FAMILY JUDGELAW LAWYER PEERSPOLICE PROBATION RECORDRESPONSIBILITY YOUTH

Contact Info and ResourcesPublic Legal Education and Information Service of New Brunswick is a non-profi t organization. We create materials about the laws and the justice system to help people fi nd the information about laws in New Brunswick. We have a number of pamphlets, posters and videos about youth in the law.

Justice Canada has provided funding to help us create materials about youth and the law, including this newsletter. If you have questions about youth justice or would like more information about the Youth Criminal Justice Act and the changes to the way we deal with youth crime in Canada you can contact PLEIS-NB to receive free copies of our other youth justice products or visit our website at www.youthjustice.nb.ca

Contact us:PLEIS-NBP.O. Box 6000Fredericton, NB E3B 5H1Telephone: (506)453-5369Fax: (506)462-5193Email: pleisnb@web.caWebsite: www.legal-info-legale.nb.ca

PLEIS-NB publications for youth include:Youth Justice in New Brunswick ToolkitSupporting Youth with Disabilities in the Justice SystemYouth Justice – How Do You Fit In?Youth Have RightsConsequences of a Youth RecordDating Violence Sexual Harassment in SchoolsLet’s Stop Bullies Activity Book