Youth justice and health: An argument against proposed changes to the Youth Criminal Justice Act

Abstract

The Canadian Paediatric Society is deeply concerned about the negative effects on the developmental, psychological and emotional health of young offenders if the Youth Criminal Justice Act is amended as proposed. (1) Canada currently has a youth justice system that reflects the United Nations (UN) Convention on the Rights of the Child, and acknowledges that youth (under 18 years) have not developed full moral and ethical responsibilities and cognitive abilities to process criminal intent. Changing Canada's youth crime law to achieve stiffer sentences for youth 14 years and older convicted of serious violent offences such as murder or manslaughter has the potential for serious negative consequences. There are also implications associated with no longer allowing publication bans on cases involving youth who commit violent crimes. Evidence shows that treating adolescents as adults in the Canadian criminal justice system puts them at serious health and human rights risks - including trauma, violence and abuse - and interferes with their cognitive, emotional and psychological development. (2,3) Studies show that rates of depression, anxiety disorders, attention deficit/ hyperactivity disorder (ADHD) and substance abuse are higher among youth in custody than among youth in the general population (4,5). Evidence suggests that transferring youth to adult facilities generally leads to more recidivism - including violent crime - compared with youth retained in the juvenile justice system. The adult justice system is neither designed nor equipped to address the developmental needs of adolescents, which creates dangerous gaps in services, education, and healthcare. Thus, such transfers can do more harm than good (6). Canada has ratified the UN Convention on the Rights of the Child, which explicitly deals with child-specific needs and rights and requires states to act in the best interests of the child. According to Article 37, "Children who break the law should not be treated cruelly. They should not be put in prison with adults, should be able to keep in contact with their families, and should not be sentenced to death or life imprisonment without possibility of release." International law binds countries like Canada to respect the Convention.