The Public Legal Education (PLE) Committee is meeting at the JFCY offices on Monday August 30 at 6pm. WE ARE ALWAYS LOOKING FOR NEW MEMBERS (especially high school students and law students). This committee brings youth and adults together to share ideas and create resources that provide education to young people about their legal rights and responsibilities.
At the August 30 meeting we will be discussing our upcoming newsletter, this blog, our Facebook page and the videos that we recently created.
For more information, please call JFCY and ask to speak with with Andrea Luey (Dre), or just show up at the meeting!
Monday, August 23, 2010
Wednesday, August 18, 2010
EXTRAJUDICIAL MEASURES (DIVERSION): KEEPING YOUNG PEOPLE OUT OF COURT
The Youth Criminal Justice Act says it is better to deal with less serious offences outside the court system. Extrajudicial measures include all consequences imposed by someone other than a judge.
In Toronto, call 211
Throughout Ontario go to www.211Ontario.ca (the connection to community-based services for youth)
JFCY:(416) 920-1633(in GTA) or 1-866-999-5329 (outside GTA)
- The police can give warnings, cautions, or referrals to a community program.
- When the police think those measures are not adequate, an extrajudicial sanction can be used.
- Your lawyer can advocate for extrajudicial measures or sanctions for you.
- Police and Crown attorneys make decisions about extrajudicial measures and sanctions. Judges and justices of the peace may call a pre-trial conference to try to resolve the issues.
- Crown attorneys can refer young people to extrajudicial sanctions programs before or after the young person has been charged.
- Young people and parents should ask the police, Crown attorney or a lawyer about extrajudicial measures and extrajudicial sanctions programs.
In Toronto, call 211
Throughout Ontario go to www.211Ontario.ca (the connection to community-based services for youth)
JFCY:(416) 920-1633(in GTA) or 1-866-999-5329 (outside GTA)
WHO CAN SEE YOUR YOUTH RECORD
- You- Anytime
- Your parents - during your case and sentence
- Police and court - if you are charges with another offence before your record is destroyed
- Government employers - for security checks
- Sometimes your record may be given to people in charge of supervising you or for safety purposes. Examples are school officials and youth workers.
If you think someone wants to see your record illegally, contact a lawyer right away.
Youth Court Records: Includes charges, assessments, pre-sentencing reports, convictions, and sentences.
Police records: May include any arrests, suspected criminal activity, convictions, fingerprints, photographs, 911 calls, interviews, witness and victim reports. The police can check these records any time.
This area of law is complicated. If you have any questions consult a lawyer. Who to Contact: Lawyer referral service: 1-800-268-8326 Justice for Children & Youth:(416) 920-1633 (GTA)or1-866-999-5329 www.jfcy.org
UNDER 18? QUESTIONED OR ARRESTED BY POLICE?
1.You should give your correct name, age and address. Ask if you are free to go. If they say no, they may be arresting you.
2. Ask why you are being arrested. You have a right to know.
3.Before the police can charge you, they must consider the following alternatives: They can
Who to Contact: 24 hour Legal Aid Lawyers 1-800-268-8326, or (police must give you this #) (416) 947-3330 Justice for Children & Youth (416)920-1633; 1-866-999-5329 (outside GTA)
2. Ask why you are being arrested. You have a right to know.
3.Before the police can charge you, they must consider the following alternatives: They can
- A. Let you go.
- B. Give you a warning.
- C. Caution you (and even your parents) on the spot or at the police station
- D. If there are grounds for a charge, and if you agree, refer you to a community program.
Who to Contact: 24 hour Legal Aid Lawyers 1-800-268-8326, or (police must give you this #) (416) 947-3330 Justice for Children & Youth (416)920-1633; 1-866-999-5329 (outside GTA)
EXPULSIONS
Your school Code of Conduct and the Education Act tell what conduct (for example selling drugs, assault, or having a weapon) can result in an expulsion. Expulsions are recorded in your Ontario Student Record – if you change schools, they will know what happened.
Who decides? What can happen? The principal will suspend you while investigating and must make a report with recommendations. The school board makes the decision after a hearing. It can decide not to expel or to expel from one school or all its schools. If you are expelled from all it's schools, you cannot return to school until you have successfully completed a program for expelled students.
If you broke the rules, do they have to expel you? No, your principal has to consider many factors before deciding to ask for an expulsion hearing, such as whether you have a disability, your history at the school, and whether your staying at school would create a risk for others.
What if the expulsion is unfair? You (or your parents if you are under 18) can appeal to the Child and Family Services Review Board, but you must act quickly. You should get a lawyer as soon as possible. If you believe your expulsion is discriminatory, you can make an application to the Human Rights Tribunal of Ontario.
JFCY: 416-920-1633 or 1-866-999-5629 / www.jfcy.org
Who decides? What can happen? The principal will suspend you while investigating and must make a report with recommendations. The school board makes the decision after a hearing. It can decide not to expel or to expel from one school or all its schools. If you are expelled from all it's schools, you cannot return to school until you have successfully completed a program for expelled students.
If you broke the rules, do they have to expel you? No, your principal has to consider many factors before deciding to ask for an expulsion hearing, such as whether you have a disability, your history at the school, and whether your staying at school would create a risk for others.
What if the expulsion is unfair? You (or your parents if you are under 18) can appeal to the Child and Family Services Review Board, but you must act quickly. You should get a lawyer as soon as possible. If you believe your expulsion is discriminatory, you can make an application to the Human Rights Tribunal of Ontario.
JFCY: 416-920-1633 or 1-866-999-5629 / www.jfcy.org
SUSPENSIONS
Your school's Code of Conduct and the Education Act tell you what conduct can result in a suspension. Suspensions are recorded in your Ontario Student Record – if you change schools they will know what happened.
How long can I be suspended for? · Suspensions can last from up to 20 school days. If it is more than 5 days, you must be offered a program. If it is 5 days or less, the school must give you a homework package.
Do I have to be suspended if I broke the rules? No, your principal or school board must consider many things before deciding, including: · whether your behaviour was the result of a disability · your age · whether your behaviour was because you were harassed
What if my suspension is unfair? · You can ask for a review or appeal your suspension. You (or your parents if you are under 18) must do this quickly. · You should contact a lawyer as soon as possible (if you cannot afford a lawyer or your parents refuse to help, call one of the numbers below). · If your suspension is over by the time the review or appeal is done and they say that you should not have been suspended, if will be removed from your Ontario Student Record. · If you believe your suspension is discriminatory, you can make an application to the Human Rights Tribunal of Ontario.
JFCY: 416-920-1633 or 1-866-999-5629 / www.jfcy.org
How long can I be suspended for? · Suspensions can last from up to 20 school days. If it is more than 5 days, you must be offered a program. If it is 5 days or less, the school must give you a homework package.
Do I have to be suspended if I broke the rules? No, your principal or school board must consider many things before deciding, including: · whether your behaviour was the result of a disability · your age · whether your behaviour was because you were harassed
What if my suspension is unfair? · You can ask for a review or appeal your suspension. You (or your parents if you are under 18) must do this quickly. · You should contact a lawyer as soon as possible (if you cannot afford a lawyer or your parents refuse to help, call one of the numbers below). · If your suspension is over by the time the review or appeal is done and they say that you should not have been suspended, if will be removed from your Ontario Student Record. · If you believe your suspension is discriminatory, you can make an application to the Human Rights Tribunal of Ontario.
JFCY: 416-920-1633 or 1-866-999-5629 / www.jfcy.org
WHEN ARE YOUTH RECORDS DESTROYED?
A youth record does not automatically disappear when you turn 18; It depends on the type of offence and the sentence.
Absolute Discharge: 1 yr after being found guilty
Conditional Discharge: 3 yrs after being found guilty
Summary Offences: 3 yrs after finishing sentence
Indictable Offences: 5 yrs after finishing sentence
Murder, Attempted Murder, Aggravated Sexual Assault: Maybe Never
-After this period, your record will be destroyed unless you have committed another offence in the meantime. In which case, the time will start running again based on the new offence.
- If you get an adult conviction during this period, your youth record is never destroyed.
- If you get extrajudicial sanctions, the record of your participation in the program is destroyed after 2 years.
- If you are unsure about your record, call a lawyer
Justice for Children and Youth
toll-free:1-866-999-5329
GTA: 416-920-1633
Absolute Discharge: 1 yr after being found guilty
Conditional Discharge: 3 yrs after being found guilty
Summary Offences: 3 yrs after finishing sentence
Indictable Offences: 5 yrs after finishing sentence
Murder, Attempted Murder, Aggravated Sexual Assault: Maybe Never
-After this period, your record will be destroyed unless you have committed another offence in the meantime. In which case, the time will start running again based on the new offence.
- If you get an adult conviction during this period, your youth record is never destroyed.
- If you get extrajudicial sanctions, the record of your participation in the program is destroyed after 2 years.
- If you are unsure about your record, call a lawyer
Justice for Children and Youth
toll-free:1-866-999-5329
GTA: 416-920-1633