139TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERSINTRODUCTION TO THE CANADIAN JUVENILE JUSTICE SYSTEM
Robert D. Hoge*

I. INTRODUCTION
This paper presents a description of some features of the Canadian youth justice system, including
the principles underlying the system and procedures followed in the system. We will begin, though, witha review of the importance of addressing youth crime, some alternative models of juvenile justice, andprinciples of best practice.

II. THE ISSUE OF YOUTH CRIME
Criminal activity of children and adolescents represents one of our most significant social issues. Its
importance is reflected in public opinion polls where the issue of youth crime is nearly always cited as oneof the leading public concerns. It is also reflected in the media, where reports of youth crime, particularly
violent crime, inevitably receive prominent coverage. Its significance is represented well in the rhetoricof some politicians who build political platforms around concerns about juvenile crime and who frequently
advocate drastic solutions to the “problem.”Our society places a great deal of emphasis on youth and this is undoubtedly one factor accounting forour intense concern with youth crime. There are other considerations as well. Fear of being a victim ofcrime is a factor. Surveys show, for example, that many young people and their parents are concerned withviolence in schools, and there are data showing that many people do not feel safe in their neighbourhoods.
These fears may be exaggerated in some cases, but they are real to the people holding them.
There is likely a general feeling as well that we have less control over the actions of children andadolescents than adults. There are two considerations. First, we recognize that primary responsibility forcontrolling the behavior of young people rests with parents, and there is a widespread feeling that many
parents are unable or unwilling to meet their responsibilities in this respect. Second, there is a perception
on the part of some that the justice system is too “lenient” with children and adolescents than adults. This isoften an erroneous perception, but it does influence public opinion.
Finally, criminal activity on the part of young people often represents social conditions that we finddifficult to confront. Poverty, racial prejudice, unemployment, family conflict and violence are all conditions
associated with youth crime, and they also represent difficult social problems for which we often have noeasy solutions. Some of our anxiety about youth crime probably reflects our feelings of helplessness in theface of these problems and perhaps some degree of guilt over our inability to solve them.
These observations about the bases for our concerns about youth crime are not intended to deny its
importance. Tremendous costs are associated with these activities. First, there is the significant harm
often suffered by the victims of crime. Physical pain and psychological trauma to the victim are often
the consequences of violent crimes, and the families of victims may also suffer from these actions. Evenso-called property crimes such as vandalism, shoplifting, and petty theft may result in burdensome monetary
costs to individuals and organizations, as does the need to fund police and security services. There are,as well, significant costs associated with the processing of young people in juvenile justice systems andhousing them in custody and other residential facilities. These costs escalate dramatically, of course, where
the young person continues the criminal activity into adulthood.
* Department of Psychology, Carleton University, Ottawa, Ontario, Canada.

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One should also consider the consequences for the young person engaging in the criminal activity. It
is sometimes difficult for those who are the victims of crime and for those who work closely with theseyouth to feel compassion for them. Some, in fact, do “get away” with their crime and some are treated in an
apparently lenient way by the justice system, but many boys and girls do experience the consequences of
their actions through stigmatization, periods of removal from their family and community, or, where they do
not desist from their criminal actions, through continued conflicts with the justice system. In the latter case,the highest price is paid by society through its loss of a productive member of the community.
Parents and families of the youth committing the crime may suffer. Some parents may be indifferent totheir child’s criminal activity and cases exist where parents encourage the activity. These, however, areexceptions, and in many cases the criminal activity of the youth places great strains on parents and has anegative impact on the functioning of the family.
One final potential cost associated with youthful criminal activity should be noted. Some politicians andmembers of the public have used fears about alleged escalating rates of youth crime to propose drastic
solutions. The latter may involve suspending or modifying traditional judicial rights or introducing severe
punitive measures. However, these actions do not always have the desired effects and in some cases may
have unintended and undesirable consequences. To illustrate, some jurisdictions in an effort to “crack
down on youth crime” have increased the numbers of youths incarcerated in custody facilities. However,incarcerating youths, especially low risk young people, may have the effect of increasing levels of criminal
activity. Judicial systems within a democracy are fragile creations and should be tampered with only withgreat caution.

III. ALTERNATIVE MODELS OF JUVENILE JUSTICE
We can identify three broad goals for a juvenile justice system. First, systems are responsible forproviding the public with protection from criminal activity. This is particularly important from the pointof view of public support for any police or juvenile justice system. Second, the system is responsible forproviding accountability to victims of crime. Victims have a right to see that those who have harmed them areheld accountable for their actions and, where possible, receive some form of compensation for their injury.
Third, and this a somewhat more controversial point, a juvenile justice system is responsible for addressing
the factors that placed the youth at risk of the criminal activity. The goal in this case is developing positivecompetencies in the youth to reduce the likelihood they will engage in further criminal activity.
Controversies arise over the best strategies to achieve these goals, and the controversies arecomplicated by the perception that three goals are contradictory. That is, strategies for ensuring public
protection may run counter to strategies required for improving the youth’s competencies throughrehabilitative strategies. We will see later that strategies for achieving the goals do not have to becontradictory in spite of the polarized public debates.
Corrado (1992) has provided a useful framework for describing alternative strategies for addressing theissue of youth crime. At one extreme is the Corporatist model where the treatment of the youthful offenderis integrated into the broader social service system. The Scottish system represents this approach, where
educational, mental health, juvenile offending, and child protection are all integrated into a single social
service system for children and families. At the other extreme is the Crime Control model where the focus
is solely on limiting criminal activity through the use of judicial processing and punitive sanctions.
However, most juvenile justice systems are based on what Corrado terms Justice or Modified Justicemodels. These are systems that incorporate both punitive and rehabilitative strategies within a formal
judicial framework. We will see this approach illustrated in the Canadian juvenile justice system discussed
later in the paper.

IV. THE RESEARCH EVIDENCE
The two earlier papers in this series indicated that considerable research has now been reported on bestpractices in the treatment of juvenile offenders (see Loeber & Farrington, 1998, Guerra, Kim, & Boxer, 2008;
Hoge, 2001). We can ask what lessons that research provides us in selecting among the alternative models.

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VISITING EXPERTS’ PAPERS

A. General Findings from the Research
Research on the effects of alternative intervention strategies has provided us with four important
conclusions:••••

Early prevention programmes carefully targeted to the needs of the child and the family anddelivered effectively can be effective in reducing future antisocial activities;
Punitive sanctions are generally not effective in discouraging initial criminal activity or reducing the
likelihood of continued activity on the part of those exposed to the punishment;
Appropriate treatment programmes delivered effectively can be effective in reducing criminal
activity;
Appropriate prevention and treatment programmes delivered effectively can reflect a favourable
cost/benefit ratio; that is, the programmes can pay for themselves in longer term outcomes.

B. Importance of Best Practices
Two important qualifications represented in the latter two conclusions should be noted. First,
programmes must be delivered effectively or with fidelity. In too many cases evidence-based programmes do
not have the desired effects because of inadequacies in their delivery.
The second point relates to the qualification regarding ‘appropriate treatment programmes.’ Not
everything works and some programmes work better than others. Fortunately we now have guidelines
for effective programmes based on the principles of best practice emerging from research in psychology
and criminology. These guidelines, reviewed in the second paper in this series, indicate that effective
programmes (a) observe the risk, need, and responsivity principles of case classification, (b) deliver services
in the community setting where possible, (c) where institutionalization is necessary, provide needed
services, (d) address the full range of needs of the youth (multimodal), and (e) utilize evidence-based
programming. The effectiveness of any juvenile young offender system will depend on the extent to whichthese principles are observed.

V. THE CANADIAN YOUNG OFFENDER SYSTEMThe Youth Criminal Justice Act is the current law governing the treatment of youth (ages 12 to 18)
engaged in criminal activity. The law is an act of the Federal Parliament of Canada, while the administrationof the law is the responsibility of each of the 10 provinces and three territories of Canada. The Act provides
guidelines regarding definitions of illegal acts, legal procedures to be observed in dealing with the youthful
offender, and the range and conditions of available dispositions for youth convicted of a criminal action.
The provinces and territories are then responsible for the structure of the court, the probation system, thevarious institutional facilities used with juvenile offenders, and juvenile offender programming. We will see
more details on this later in the paper.

A. History
No special laws relating to juvenile crime existed in Canada prior to 1908, although an Act for
Establishing Prisons for Young Offenders was passed in 1857 to establish separate prisons for youthful
offenders. The first law specifically applying to young people charged with criminal acts was passed in 1908and since that time two other laws have been declared:•••

Juvenile Delinquents Act (1908-1984)
Young Offenders Act (1984-2003)
Youth Criminal Justice Act (2003-present)

Each of those acts was preceded by heated parliamentary debates over the most effective strategy foraddressing youth crime. Those debates always revolved around the three goals of juvenile justice systems
discussed above with the real issue the balance of punitive and rehabilitative focus. However, the resulting
system has always reflected what Corrado (1992) refers to as a Modified Justice model. That is, it is asystem including both punitive and rehabilitative elements within a formal judicial system. The Canadianjudicial system has always exhibited a more child welfare oriented approach to youthful offenders than manyother systems, but still the relative emphasis on the punitive and rehabilitative elements has shifted backand forth over the years.

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The current act, the Youth Criminal Justice Act, represents an interesting compromise. It provides
somewhat harsher dispositions for very serious offences than did the earlier Young Offenders Act, but it
places considerable stress on diversion and rehabilitative strategies for youth charged with lesser crimes.
An effort was made to observe the principles of best practice reviewed above in developing the Act. The
following section provides a discussion of the major principles of the Youth Criminal Justice Act.

B. Principles of the Canadian Youth Criminal Justice Act
The Act is built on three general principles. These state that the youth criminal justice system isintended to:•••Prevent crime by addressing the circumstances underlying a young person’s offending behaviour;
Rehabilitate young persons who commit offences and reintegrate them into society; andEnsure that a young person is subject to meaningful consequences for his or her offence in order topromote the long-term protection of the public.

As can be seen, provision is made for both rehabilitative and punitive strategies. The goal of
accountability to the victim is also represented through the indication that dispositions should “encourage
the repair of harm done to victims and the community.”
The Act also includes sentencing guidelines for judges, and while these allow for the provision of punitive
sanctions including incarceration, there is also a strong rehabilitative emphasis represented. The following
are the major sentencing principles:•••

All available alternatives to custody must be considered;
The sentence must be the least restrictive sentence consistent with other sentencing principles;
The sentence selected must be that most likely to rehabilitate the young person and reintegratethem into society and promote a sense of responsibility in the young person.

As indicated above, the Act also provides for a harsher sentence for 14 to 18 year old youth committing
serious violent crime by allowing the judge to assign an adult sentence. However, the parole eligibility dates
are earlier for offenders committed as youth, and there is an assumption that the individual will receive
rehabilitative services while in custody. The provision is not used often.

C. Specific Provisions of the Youth Criminal Justice Act
The principles of the Act are then supplemented by a set of specific guidelines regarding appropriate
actions. The following is a brief discussion of some of the major provisions.
1. Extrajudicial Measures
These measures are designed to divert youth from the justice system. The use of this option is at thediscretion of the police, with the following options available: release, release with informal warning, releasewith formal warning, or referral to a community-based intervention programme. The provision is designed
for low to moderate risk youth committing relatively minor crimes. The goal is to keep youth out of the
judicial system wherever possible but to provide interventions where needs exist. Restorative justiceprocedures may also be included as extrajudicial measures. Details of one of the diversion programmes will
be presented later.
2. Extrajudicial Sanctions
These are alternatives to formal court processing and are applied after the youth has been charged with acrime but prior to trial. They represent a post-charge diversion action designed to reduce the use of custody.
The sanction will generally involve successful completion of a community-based treatment programme.
3. Probation
A period of supervision in the community by a probation officer is the most common disposition foryouth convicted of a crime. Because of the rehabilitative focus of the Act, services are to be provided during
the probation period to address the risk and need factors of the young person. Probation officers are also
responsible for supervision of youth for a period of time following release from custody.

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4. Custody
Each province and territory is required to maintain institutional settings for youth assigned a custody
disposition. These are generally secure facilities or more open group homes. Authorities are responsible for
ensuring that appropriate programming is provided the youth in these settings. However, as we have seen
above, the Act directs judges to use custody only where all alternatives are considered inappropriate. In fact,
the use of custody has declined significantly since introduction of the Act in 2003.
5. Intensive Rehabilitative Custody and Supervision
These programmes represent community or institution-based interventions for youth with serious
mental health issues. They are staffed by mental health professionals.

D. Applications of the Youth Criminal Justice Act in Ontario
As indicated above, the administration of the Youth Criminal Justice Act is the responsibility of theprovincial and territorial governments. This inevitably means that there will be some variability acrossCanada in the actual treatment of a juvenile offender. Some of this variability will arise from financial
considerations and some from cultural differences among regions of the country. However, the Act provides
reasonably strict guidelines for the treatment of the offender, and the differences across regions of thecountry tend to be relatively minor. The following is a description of some features of the application of the
Act in the Province of Ontario.
Ontario is one of the larger provinces in terms of population and relatively speaking one of thewealthiest. However, it confronts a number of serious issues. The immense size of the province andrelatively small populations in more remote areas presents serious problems in providing services. The
larger cities have also had to deal with large numbers of immigrant families, many from third-world
countries. Special challenges are also presented by the remote Aboriginal communities in the north of theprovince, many of which face serious economic and social problems. These issues should be kept in mind inconsidering the following discussion of some features of the province’s juvenile justice system.
1. Diversion Programmes
Diversion of as many youth as possible out of the justice system is one of the most important goals of
the Act. Each region of the province is required to have a structured diversion programme, although someare more advanced than others. The City of Ottawa has developed one of the most effective programmes
operated by the Boys and Girls Club and Ottawa Police Services. Police Services perform the initial
screening of the youth, and those deemed eligible for the programme are then referred to the Boys and GirlsClub for more intensive assessment and referral to community-based programmes suited to the needs ofthe youth. This programme addresses two of the major goals of the Act by diverting low and moderate risk
youth out of the justice system and by providing rehabilitative services for those in need.
2. Probation Services
The Province of Ontario has developed a case management system operated by the Youth JusticeDivision of the Ministry of Children and Youth. Within this system a probation officer is responsible for the
youth from the time of adjudication to discharge from the system. The probation officer’s responsibilities
include ensuring that the youth observes the conditions of the sentence and that the young person is able
to access community-based services consistent with his or her needs. Where the youth is incarcerated, theprobation officer works with institutional personnel in developing an intervention programme. The officer isalso responsible for monitoring the youth for a period following release from custody. Probation officers holda university degree and are provided six weeks of intensive training by the Ministry.
3. Alternative to Custody Programmes
We have seen that the provision for community-based post-adjudication programmes forms an importantpart of the Youth Criminal Justice Act. Ontario has established a variety of these programmes across theprovince. One example is the Attendance Centre programme. The initial step of the programme involves anintensive assessment of risk and need factors of the youth. The youth then attends group-based intervention
programmes designed to address specific need areas: attitudes/behaviour change, peer group associations,alternatives to aggression, pro-social problem solving, substance abuse, and education/employment.
The Intensive Support and Supervision Program of Eastern Ontario Youth Justice Agency is an example

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of a community-based programme specifically designed for youthful offenders with serious mental healthissues. Staff members are experienced clinicians who are able to work intensively with the youth and his or
her family. Community-based mental health services are also accessed.
4. Custody
The province directly operates five secure custody facilities for youth and contracts with non-profit
organizations for an additional five facilities. The other type of custody facility, open custody, is lessrestrictive, and these involve group homes operated under contract by private or non-profit organizations.
All facilities are expected to have intervention programmes available to meet the needs of the youth.
5. Aftercare Services
The Youth Criminal Justice Act stipulates that after release from custody youth must receive a period ofsupervision by the probation officer. Some specialized programmes have also been introduced for this postrelease period. An example is the “A Different Street” programme in Ottawa. This programme is specificallydesigned for 16 to 18 year-old youth released from custody who would otherwise be homeless on release.
The programme is housed in a residence accommodating 24 males. Staff within the programme are able toprovide intensive counselling services for the young men and refer them to needed services outside theresidence. The programme focuses on developing living, educational, and vocational skills in the clients.

E. Barriers and Strengths
The Youth Criminal Justice Act and the programmes being created across Canada in connection with that
Act represent efforts to incorporate research-based principles of best practice and, as well, the UNICEF
Guiding Principles for Organizations and Individuals Dealing with Child Welfare and the United Nations
Convention on the Child.
However, it is useful to acknowledge barriers in fully implementing the Act. Political barriers arise fromadvocates of tough-on-crime policies that emphasize the use of punishment and consider rehabilitative
efforts a waste of money. This type of pressure is seen from the public and politicians and, regrettably,sometimes from staff of juvenile justice systems. Educational efforts are the only way to counter this type of
resistance.
Economic barriers arise because many programmes effective in addressing the needs of the youth areexpensive and produce resistance from the public and politicians. Two responses to these economic barriers
are appropriate. First, many of the community-based programmes, even the more costly ones, are often
less expensive than incarceration. Second, many of the programmes are cost effective. In other words, if theinterventions are implemented effectively, the costs will be recovered through future reductions in offending
rates, lower school drop out rates, lesser demands on adult mental health facilities and other such outcomes.
Fortunately, we are beginning to obtain good information from cost/benefit analyses that provide actual
figures on the economic returns of many programmes (see Tyler, Ziedenberg, & Lokke, 2006).
Finally, we sometimes encounter practical barriers to implementing our programmes. First, and as wehave seen, the range of our options may be limited by economic and resource considerations. We all have
limited resources, and sometimes difficult choices must be made. The only response is to observe, as
closely as possible, the principles of best practice. Another practical obstacle derives from the fragmented
nature of our human service systems. Our youth often exhibit special needs in many areas and may havecontacts outside the juvenile justice system, including special services in the schools, treatment in themental health system, and services from child protection and other such service agencies. All of thesesystems must work together to effectively address the needs of the youth, but in too many cases barriers
exist to that co-operation.
There are, on the other hand, positive developments to note. First, our understanding of the causesof youth crime and of the most effective means of addressing the phenomenon are advancing rapidly
through psychological and criminological research. Second, and perhaps most important, are the countless
individuals working in our juvenile justice systems who care about young people and who are willing to
make efforts to address their needs. The potential profits of their efforts to society are incalculable.

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139TH INTERNATIONAL TRAINING COURSE
VISITING EXPERTS’ PAPERSREFERENCES
Corrado, R. R. Introduction. In R. R. Corrada, N. Bala, R. Linden, & M. Le Blanc (Eds.), Juvenile justicein Canada: A theoretical and analytical assessment (pp. 1-20). Toronto, ON: Buttersworth.
Guerra, N. G., Kim, T. E., & Boxer, P. What Works: Best practices with juvenile offenders. In R. D. Hoge,
N. G. Guerra, & P. Boxer (Eds.), Treating the juvenile offender (pp. 79-102). New York: Guilford.
Hoge, R. D. (2001). The juvenile offender: Theory, research, and applications . Boston: Kluwer.
Loeber, R., & Farrington, D. P. (1998) (Eds.) Serious and violent juvenile offenders: Risk factors andsuccessful interventions . Thousand Oaks, CA: Sage.
Tyler, J. Ziedenberg, J., & Lotke, E. (2006). Cost effective corrections: The fiscal architecture of rational
juvenile justice systems . Washington, DC: The Justice Policy Institute.

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