Children, even the naughty ones, need protection

Page 19

Pro Bono

Dear Tuma:

Recently, my home was broken into and they caught the young punks that did it. I was hoping to go to court and see them get jail time but the judge said that they were young offenders and needed rehabilitation. Why do we coddle these punks who know we will give them a slap on the wrist when they do wrong. I say "an eye for an eye, a tooth for a tooth." A little old time hang 'em high justice will protect us from the little thieves, but the Young Offenders Act prevents us from doing anything to these little "Oliver Twists."

Tar and Feather 'Em

Dear Tar and Feather 'Em:

I can relate to being broken into. It is not a very good feeling and you feel no longer safe in your own home. The need to lash out or seek revenge is a typical reaction, but a fellow by the name of Gandhi once said, "An eye for an eye will only result in all of us becoming blind." Violence never solves anything and this includes violence in the way we treat children who commit crimes.

The Young Offenders Act was changed a couple of years ago in reaction to public pressure. It is now called the Youth Criminal Justice Act (YCJA). The purpose of the Act is to promote the long-term protection of the public by preventing crime, rehabilitating young people who commit offences and providing meaningful consequences for offences.

Children can and do commit a wide range of offences. Most of the time, these offences are minor and can be resolved either outside of the criminal justice system through diversions or bringing the matter to the parent's attention. Even within the criminal system there are ways to resolve the matter without having to send every child to jail for a broken window or for a playground fight. The YCJA can and does protect the public even when children commit serious crimes such as murder.

In passing sentence on a child, a judge has to consider that the sentence is not harsher than what would be given for an adult for the same type of offence. The sentence must be similar to other sentences given to other children who have been found guilty of the same or similar offences. The sentence must be proportionate to the seriousness of the offence and all alternatives to jail that are reasonable must be considered.

The judge will also look at whether the sentence will help rehabilitate the child and develop a sense of responsibility for the offence. Lastly, the sentence also has to help the child acknowledge the harm done to the community.

One thing you may want to do is to volunteer with your local legal support network or another similar program. You can find out more by contacting your band office, tribal or Metis office to find out what is available in your area. You can also phone the local courthouse to see what programs exist and whether they need volunteers. I can see you speaking about your feelings about being broken into at a sentencing circle or at a restorative justice program. You can help the children see how their actions affected you, your family and other members of your community. Who knows, it just might be therapeutic.

Note to my readers: I wish to remind readers that I can only answer questions that can be considered for publication.

This column is not intended to provide legal advice, but rather highlight situations where you should consult with a lawyer. Tuma Young is currently studying for a PhD in law at the University of British Columbia and questions can be sent to him via e-mail at: puoin@telus.net.