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Aboriginal Youth

1      Who is an aboriginal youth under the YCJA?

Aboriginal youth includes Inuit, First Nations, Indian and Metis youth, whether they are living on or off reserves.

2      Are aboriginal youth given special rights?

The needs of aboriginal youth must be taken into account in any measures taken against them – s.3(c)(iv).  This is a recognition that in the past young aboriginal people have not been treated fairly by the criminal justice system, and that they may not have had the same advantages as other youth.  Therefore, at each stage of the procedure against the young person, police, prosecutors* and judges must respect and respond to the particular needs of aboriginal youth.

3      Are there differences in how aboriginal youth are sentenced?

The “circumstances” of aboriginal youth must be taken into account when they are sentenced – s.38(2).  Too many aboriginal youth have ended up in custody* in the past.  Therefore, any factors that help to explain why the young person committed the offence should be taken into account.  These factors might include low income, poor housing, lack of education, loneliness and other stresses in the community.

4      Are there different types of sentences for aboriginal youth?

Judges and prosecutors* should be aware of alternative forms of sentencing for aboriginal youth, especially those which are connected to the aboriginal community.  This may include such things as “sentencing circles”, and other forms of restorative justice, which are meant to heal the entire community, including the offender and the victim, rather than focusing on punishing the offender.