One of Greater Sudbury's top lawyers says the act dealing with young offenders in Canada remains controversial, but it's a much improved piece of legislation that is paying dividends by keeping non-violent young people out of jail.
Tom Fitzgerald, Director of Crown Operations for the North Region, was the guest speaker at a conference Wednesday at Cambrian College sponsored by the Elizabeth Fry Society.
A group of about 60 social workers, victim/witness protection workers, police officers and Elizabeth Fry staff attended.
Fitzgerald said the Youth Criminal Justice Act (YCJA)isn't a perfect piece of legislation, but suggested it was far superior to the old Young Offenders Act (YOA) and even more ancient Juvenile Delinquents' Act (JDA).
"The sanctions available are working in most cases," said Fitzgerald. "If you don't have facilities and programs available then the Act, which was designed to be well-meaning and I do believe it to be well-meaning, doesn't work perfectly and problems will arise."
The YCJA came into law April 1, 2003. Fitzgerald believes the Act builds on the strengths of the YOA, but has introduced significant reforms to address weaknesses in the system.
The perception portrayed by a lot of people - including some very powerful politicians at Queen's Park and in Parliament Hill - that youth crime is spiraling out of control, isn't accurate from his many years as a lawyer, said Fitzgerald.
"The perception youth crime is right out of control...I'm not sure is in touch with reality," he said. "For more non-violent offenders, it is working well."
Fitzgerald stressed the intent of the YCJA was to keep non-violent offenders out of jail, and into community-based programs and supervision. It tries to steer them away from getting into further trouble with the law.
For those young offenders who are violent and repeat offenders, the YCJA allows for punishment and incarceration equally as punitive as those available to adult offenders, said Fitzgerald.
"The Act is a very effective way of keeping people who should remains in jail...as opposed to locking up those who because of mental health issues, race or poverty are being incarcerated," he said.
The principles in sentencing under the YCJA are to hold offenders accountable for their criminal behaviour, impose just sanctions, while placing a strong emphasis on rehabilitation and reintegration into society, he said.
The area where the YCJA improves greatly on the YOA is by allowing Crown attorneys, defense lawyers and judges to work together to recommend sentences where community-based social agencies get involved to help non-violent offenders pay a price for their crimes without having to go behind bars, said Fitzgerald.
Fitzgerald admitted imposing jail sentences "is the last resort" to be considered under the YCJA, but made it clear repeat violent offenders will be punished severely and society will be protected.
Under the YCJA, only violent offenders can be considered for incarceration as well as those involved in "exceptional cases," said Fitzgerald.
He pointed to one particular heinous crime where a young offender didn't commit murder, but performed an indignity to a body afterward and a six-month jail sentence was imposed.
One area where the entire criminal justice system appears to not be working for young offenders and adults is with aboriginal offenders, he said.
Canada has the highest rate of incarcerating aboriginal people in the western world and statistics show native young people and women are 16 times more likely to end up behind bars than Caucasians the same age and sex, said Fitzgerald.
"I don't know what it is," said Fitzgerald. "It's just astounding and I don't think we're doing a very good job, quite frankly."
Justice committees involving police, Crown attorneys, judges, lawyers, parents and social workers have become a big part of the rehabilitation process for non-violent offenders, said Fitzgerald.
There's been "tremendous success" with many of these programs, contrary to what many members of the public might think, he said.
Nancy Cada, president of the Sudbury chapter of the Elizabeth Fry Society, said Fitzgerald is a dedicated board member who has lead several workshops since the agency started holding public forums four years ago.
The workshops address serious societal issues affecting Elizabeth Fry staff and clients, while also acting as a successful fundraiser for the agency, she said.
To have 60 professionals show up is a sign the workshops are popular and informative, she said.
"It's all about education and awareness," she said.
The next workshop is scheduled for March 27 on Greater Sudbury Drug Trends: Clandestine Drug Laboratories. It will also be held at Cambrian College.
A Laughter Yoga Workshop is set for April 5, also at Cambrian. To register, call 673-1364.
