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Alternative youth justice: problem solving not punishment

Date Posted: Thursday, August 23, 2007
Author: Christen Pears

Healing and therapeutic are not words usually associated with the justice system but in Canada they form the basis of an alternative approach to youth justice that is keeping young people away from the court system and helping them get their lives back on track.

In 1998 the Canadian Government introduced the Youth Justice Renewal Initiative. It operates according to three key principles: prevention, meaningful consequences and rehabilitation and reintegration into the community. The programme also looks beyond the legislative system at ways in which society as a whole can address youth crime.

Michael Frederiksen, is a Justice of the Peace at Ontario Court of Justice. With a background in education, he is well aware of the problems faced by his country’s youth and believes alternative, or extrajudicial, measures, can play a major role in preventing crime and rehabilitating young offenders.

He says: “There is a growing interest around the Commonwealth for what is known as therapeutic jurisprudence. It speaks of restorative measures, it speaks of healing. It speaks of being able to assist not only the defendant but the complainant. It’s a much more informal process than the traditional court system but it can be very effective.”

Extrajudicial measures aim to show the young person the consequences of their actions and enable the wider community to play a role in tackling youth crime. They may take a number of forms, including warnings, community service and reparation of damage caused to the victim.

Mr Frederiksen cites the example of a young man who appeared before him on a charge of theft of under $5,000. The arresting officer had an option through the Crown Prosecutor to bring him to justice through alternative measures. A committee was formed to design an alternative programme for the youngster, which included writing a letter of apology. He also had to make some form of restitution and was given a choice between a hefty fine and community service. He chose the community service. Once that had been completed he came before the court again and the charges were withdrawn. 

“At the end of the day he did not have a criminal record but he still made to take responsibility for what he had done,” says Mr Frederiksen.

The Canadian system isn’t simply a matter of restitution or even rehabilitation; there’s also an attempt to understand the reasons behind the crime. It is a matter of problem solving rather than punishment. Is the youth struggling with substance abuse or are they in a gang situation they can’t get out of? Do they have parental support?

“Out of the extrajudicial measures comes an understanding of the background of that young person and very often social services are involved in the follow up. Follow up is a crucial part of the process and usually takes place over a period of three to six months, even after charges have been withdrawn.”

According to Mr Frederiksen, the system represents a return to more traditional methods of justice used in ancient societies where the victim and perpetrator are brought face to face to discuss the issues.

“The community is coming together in various ways to solve the problems as opposed to the court imposing solutions from the top down and that’s much more positive,” he explains.

Critics would no doubt claim the system is too soft but Mr Frederiksen says: “It may be a soft option if this was the second or third time the young offender had been involved and in that case that type of solution would not be offered. At some point you have to say enough is enough and they have to go through the court system but it is always a balance.”

The introduction of extrajudicial measures has had a significant impact on the rate of re-offending. Before the introduction of the Youth Criminal Justice Act in 2003 the rate of recidivism among young people was around 70 per cent. Two years later, the figure had fallen by 16 per cent.

But justice does not operate in a vacuum and preventative measures play a key role. In Toronto there are a number of initiatives run by the police service designed to reach at-risk youth before they offend. Officers run riding and fishing programmes - Saddle up for Success and Fishing with Cops – which teach youngsters new skills and open them up to new experiences.

“It’s what we call soft policing. There are designated officers who have extraordinary communication skills. They can relate to young people and break down some of the mistrust and fear between youth and the police,” says Mr Frederisksen.

Officers are also designated to schools so they can work with teachers and pupils to tackle issues such as drugs, gangs and bullying. In the 10th grade students take part in a civics programme in which they learn about the justice system.

A number of alternative youth justice programmes are being implemented throughout the Commonwealth. In Australia, for example, there is a successful scheme designed to tackle youth crime among aboriginal communities.

Mr Frederiksen, who addressed the CMJA conference in Bermuda this week, says: “One of the things that emerged from the conference was a growing groundswell of support for extrajudicial measures. Many jurisdictions are doing similar things to Canada. We don’t call it the same and we don’t always have the same resources but there is definitely a movement towards a more humane approach to youth justice.”

Log on next week to read about tackling gender violence in the Commonwealth.

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