Identifying and addressing legislative issues

Young people were asked about their experience with the various parts of the justice system and about any legislative challenges they may have experienced. They were also asked to envision any changes they would like to see to the ways that the law is applied to 18–25-year-olds.

Identifying legislative needs

Lack of support to comply with legislative requirements

Young adults discussed the challenges they experienced to complying with legislative requirements. They often felt like they were set up to fail. They did not have input into the conditions which were imposed upon them, and subsequently were unable to comply with the requirements. For example, the most common way participants who had been on probation described their probation conditions was “unrealistic.”

“They read out all these things I couldn’t do, couldn’t carry weapons, couldn’t see him, couldn’t go here or there, couldn’t use weed. And I said to my lawyer ‘can’t use [expletive] weed? Are they kidding me?’ I can’t [expletive] do that, but he told me I just had to say ‘yes’ and then not get caught – this was back before it was legal. But WTF they set young people up to [expletive] fail. I needed weed to stop me using the harder stuff but they never bothered to find that shit out or know me…. No weed? How [expletive] unrealistic was that?”

“I think some probation orders should be more flexible and take into consideration that life doesn’t always cooperate. Like when my probation officer calls me and I either miss it or I’m late for the call, it doesn’t mean I’m doing anything bad. Sometimes things just come up, like my bus is late. I wish there was more flexibility or that it was more realistic for real life or that there were other ways to see that I’m doing okay.”

Lengthy processing times

Experiences of stress and frustration at the length of time their court case took was common among all those who had been through the court system. Participants felt it was particularly detrimental to those aged 18–25 because this was a developmental stage where individuals would typically be in education or working towards a career path. A pending court case put these activities in jeopardy and left them feeling unable to make plans, or commit to school or work while they waited for a court date.

“The most frustrating thing was how long it took to get through court. It was like two years of my life just waiting. It felt odd to just wait for this big thing to happen but to also keep going with life…I got a girlfriend and an apartment and just kept moving forward with life, but I also really wasn’t able to stop thinking about [the court case] and what would happen to me. It was like…you’d get new court dates every four months or six months…I was already forming a life of my own and the whole thing was so drawn out. The waiting was the worst experience of it all.”

“It doesn’t feel like you can start to make amends until you start your sentence.”

One young woman who had transitioned out of government care, found a place to live and was attending school when she was arrested. For her, the length of time it took for her case to be dealt with derailed her plans and severely impacted her mental health. She dropped out of school as she was reluctant to continue paying for classes in case she received a custodial sentence and could not complete them. This increased the stress of waiting for the court case, and her deteriorated mental health also meant she could not work, lost her housing and was at increased risk for further justice involvement.

“It takes so long for anything to go to court. It ruins everything. It is just hanging over you. I had paid for school and got a loan but then had to stop going so I lost my money and still had the debt for nothing…By the time it actually went to court I was homeless again…The [criminal justice] system messes with your head and takes so long that you can’t do anything else. You can’t plan. You can’t do it. You are just in limbo.”

Young people who were held on remand in custody also shared the detrimental impact on their health and well-being of waiting for their case to be tried. For example, one spoke of the mental stress caused by the uncertainty of not knowing how long they would be on remand, as well as the effect on their mental and physical health of not being allowed to participate in programming and of spending most of their time in their cell.

Lack of understanding of legislative processes

Many young adults noted that they had little understanding of the legislative process they were going through or what their rights were. They commonly noted they had not understood what was happening when they were in court, and had been too intimidated or overwhelmed to ask. Most felt they just had to put faith in their lawyer, and hope that the lawyer was competent and would act in their best interests.

A few youth who had not received a court-appointed lawyer and had sought one privately did not realize that lawyers specialized in different areas of law. They had subsequently realized they were being represented by a lawyer who did not have familiarity or expertise in the area of law relevant to their case. They had also been unsure if or how they could replace their lawyer.

Some youth were unclear of when they would be considered an adult in legal terms, and under what circumstances they could be sentenced to adult custody. For example, because the age of majority is 18 federally but provincially it is 19.

A couple also stated they had been surprised that when they received a custodial sentence they were taken straight from court to custody. They had not understood that this was how the process worked and had anticipated having time to prepare after being sentenced.

“Having more information from my lawyer would have been nice. We didn’t talk too much and I wasn’t sure if I could have just called or texted or emailed my questions…I felt scared because I wasn’t sure what could happen to me.”

Being housed with older adults who have extensive experience in the justice system

Young people shared their concerns about being housed in an adult correctional centre with older inmates who often had extensive criminal records and whom they described as “running things” within the centres. They felt that younger inmates were vulnerable to violence, intimidation and bullying, as well as to being influenced into continued or escalating criminal behaviours. They shared how scary it can be for a young adult, especially first-time offenders, coming into a centre with those who have a long history of criminal or violent behaviour.

“I know for me that if I go into a very criminally integrated environment or justice system that’s what I am going to do and be influenced by… I think going into an adult environment with first time offenders or repeat ones, those crimes are going to go up exponentially…I just don’t think it’s a healthy thing for ages 18–25 to be in with adults.”

“When I was a youth [in an adult correctional centre], I experienced some really crazy shit, like people beating up other people and forcing guys to beat up other guys for them and other crazier shit I won’t tell you. Because I was just a kid, I got shit on all the time. I was weak, not just like physically but like your mind too. I was just a kid and yeah, I got the shit kicked out of me all the time. That was a big part of my experience.”

Addressing the legislative needs of young adults

Young people were asked to provide their suggestions for any changes to legislation which they felt should be introduced to better serve 18–25-year-olds in the criminal justice system. A couple of young people who had spent extensive amounts of time in custody struggled to conceptualize what a different system might look like. Others were quick to point out the challenges with current legislation and policies and had suggestions for change.

“Have a system that supports you, not puts you down…Can’t we fix this without sending people away? Sending people away fixes nothing.”

Among the most common suggestions were to impose a time limit on how long a young adult’s case should be allowed to take to get to court; and to ensure courts did not impose conditions which the young person could not realistically comply with. Other suggestions are discussed below.

Provide an advocate for young people going through the system

Young people spoke of the need for a navigator and/or advocate who could support them through the whole justice process, from their entry into the criminal justice system to their transition out.

“They never explained anything to me…. When I did see a judge it was done so quick that I wasn’t able to get an explanation of what was going to happen. The sentence happened but I never had any information leading up to that…The Sheriff just told me that they were going to put me in a holding cell, but didn’t explain why and didn’t tell me how long I was going to be there. I was in there a whole day, at 4:30pm I was told I was going to court, but I never did. They took me out at 5:30/6 and back to a facility and the next day I appeared on video court…. It would have been helpful to have someone who could explain what was going to happen better. They told me I would be seeing duty council but then I didn’t and no one ever explained why.”

Those who had a lawyer who explained things to them or another supportive adult who helped them through the court system felt this was beneficial and should be available to all young people.

“All people, and definitely the youth, should have someone to tell them what is happening when they are in court. Without my lawyer I would not have understood what was being said…[the judge] could have done anything to me without my lawyer.”

However, some also provided the caveat that the person in this role should be independent of the justice system so that the young person could be open and honest with them. The role could also include providing some oversight to ensure the young person’s lawyer was acting in their best interests.

“This was the first time I’d went through the system so I didn’t know what was happening or what I should do. I would suggest there could be someone to help guide you through the system and let you know how to find the right kind of lawyer and what you can ask for and to let you know your rights. Like a guide or an advocate. Not another lawyer but someone who knows the system and fights for you.”

Some young adults felt that they could advocate for themselves if they had someone to help them develop the knowledge and skills they needed in order to do so.

“Younger adults usually don’t understand the system or their rights as well, and need more support or education to advocate for themselves.”

Some young adults felt that providing easily understandable written material would be helpful. The materials could explain what happened as at every stage of the justice system, and provide contact details for potentially useful resources.

“They should give you a package that breaks down the court process and explains how everything goes.”

Provide material assistance to those in need

Several young people spoke of missing their court date, probation appointments or other justice related appointments because they lived in rural communities and had no access to transport or were homeless. Homeless young people struggled to keep track of time and their commitments, while having to focus on meeting their basic needs. Their suggestions included being able to schedule appointments at times when they could get a ride, providing financial assistance or transport to assist them to make appointments and offering alternative ways for them to check in.

“It was such a long drive and not only that but I don’t have a cell phone or a way to know what day it is. I’m homeless, I don’t have a [expletive] calendar. I don’t know what time or day it is. I have to check in with my [probation officer] in person, and I can’t always make it to her office. There’s no bus and I don’t have a car and I can’t always get someone to help me and drive six hours, wait for me, and drive six hours back and I don’t have any gas money. Who’s gonna really want to help with that?”

Have specially trained staff to work with emerging adults

Young adults suggested that judges, lawyers, corrections staff, probation officers and other key staff within the justice system should receive training on how to work with young adults. The training should include information about how young adults can be supported to reach their developmental milestones, as well as how to ensure young people understand the conditions of their sentence. Such training could help these professionals to understand the needs and aspirations of young adults, as well as the social environment they are living in. They also suggested that youth workers or other similar types of support workers could be employed within the criminal justice system, as they are familiar with working with young people and understand their developmental and social needs.

“Probation officers are often there to just check boxes. Maybe if a youth worker could be attached to probation to do the emotional support that young people need? It would be cool to have a youth worker that knows the justice system to support people through it.”

“I think there could be better training for the probation officers, or maybe just updated training…By updated training I mean, for example if they’re going to breach someone, explain what the breach is for and what the consequences are. I had a probation officer that didn’t tell me they were breaching me but just put out a warrant. I heard a bang on my front door and my house was surrounded by police. But I didn’t even know I had breached probation.”

Separate young adults from older ones

Young people who participated in this project were asked how they felt the criminal justice system should handle young adults. Although the vast majority felt there should be accommodations made for this age group, participants were not unanimous on how this could look. A majority were in favour of having a separate system for 18–25-year-olds, while a minority either favoured keeping young adults within the current adult system or incorporating them into the juvenile system.

Expand the age for accessing youth justice services

Young adults who had received an adult sentence before the age of 19 (the age of majority in BC) reported being shocked to realize this was possible for the offence they had committed. Others felt there were inconsistencies and confusion about who could receive an adult sentence.

“My first experience was as a youth but I got trialed as an adult for some shit that wasn’t that serious. I thought I was going to get to go to juvie but they sent me to adult, and I swear it’s the reason I’m here now. I could’ve just had some counselling, maybe some AA or something like that and I swear I wouldn’t be here [in adult corrections].”

One 18-year-old who had been told he might be sentenced as an adult but was ultimately sentenced within the youth system felt that it was a contradiction that he could have received an adult sentence. He suggested that the youth system be extended at least until a person’s 20th birthday:

“It’s confusing because 18 is considered adult but there’s so many adult things you can’t do, but you’re an adult in court? You can’t even get a credit card or drink, but you can be tried as an adult. It’s weird because I’m 18 so if I went to court now I’d be an adult, but I feel more like a teen but I am still learning about adult life like taking care of myself. Eighteen and 19 are a bit more like youth than adult, so it makes more sense to have them with other teens.”

Some young people felt that it was a good idea to increase the age of eligibility for youth custody, especially for first-time offenders, non-violent offenders, and those with health conditions and cognitive disabilities, such as Fetal Alcohol Spectrum Disorders (FASD). They felt this was developmentally more appropriate because compared to adult correctional facilities, youth custody was more therapeutic; there were more programs available aimed at younger people; and there was a sense that the staff still believed in young people and encouraged them to succeed.

“You should increase the age of youth justice to 25. I don’t see any con to that. There’s more to do there, and the way that juvie looked…the building looks different. It is more comfortable. Less over-crowded. It’s better for people. This place [adult correctional centre] could really use some tips.”

“I think it would be a good thing to up juvie to 25. I don’t think just because you’re 19 you’re an adult and that you should be expected to know right from wrong.”

Despite the views of those expressed above, the majority of participants in this project did not think extending youth custody to 25 was a good idea. They were concerned about the negative influence which people in their early 20’s might have on younger youth. Also, youth who were currently in youth custody did not wish to see the centre’s age eligibility extended to 25 as they feared being around young adults who had committed serious crimes or who might recruit younger youth into gangs or sex trafficking.

“I think it would be bad for 25-year-olds to be here [in youth custody.] I think they would be mean to younger youth, and a lot of grooming. I just think it’s not a good idea if we want to protect the younger kids.”

“I think even having the court be from 12 to 25 would be difficult, if there are youth in court seeing their peers doing crimes that are more serious but getting lenient or ‘youth’ sentencing could bad.”

One 18-year-old who was serving a community sentence also raised some concerns about extending the age range of the program, stating:

“Some of the workers here are like 21, 22. I don’t think it would be right for people who are 25 to be here and to be helped by people younger than them. And I don’t think I’d want to be with 25-year-olds. It could be intimidating.”

Accommodate young adults within adult correctional centres

Several participants felt that 18–25-year-olds belonged in the adult system. For example, one young adult worried that they would have continued to commit offences until the age of 25 if they remained in the youth justice system. They did not see the risk of spending time in youth custody as a deterrent, but did not want to risk going to adult corrections.

A few of those who felt that young adults belonged in adult corrections did feel that they should be housed in separate units “away from the older, harder inmates.” They felt that these units could offer young adults opportunities to access the types of therapeutic supports and life skill programs that were available within the youth justice system, but tailored to young adults.

“You could have a section [in adult corrections] for youth up to 25, and in that section of the jail they could have more social/emotional support, more things for rehabilitation. That way they’re not in the youth system anymore so that it is a bit more serious, but they’re still getting support with things like education and life skills.”

“A separate system for young adults may be beneficial but doesn’t feel practical. What is definitely needed is more supports for young adults in the [adult] correctional centres, especially at the provincial level. They need compassion, they need support, and they need access to psychiatrist support and job skills.”

Although the majority of participants felt young adults should not be housed with older ones, one young adult felt that there were benefits to allowing young adults to mix with older ones. In his experience, older inmates could help to calm the younger ones down and be good role models.

Have a separate system for young adults

As discussed above, a minority of participants in this project felt that either the youth justice system should be extended to include young adults, or that young adults should continue to be served within the adult system. However, the majority felt there should be a separate system for emerging adults. This system would be tailored to their developmental stage, and also take into account factors which might affect their individual developmental journey (such as FASD or trauma). They felt that a system which specialized in working with young adults would be able to recognize their increasing maturity but also have a greater understanding of the types of mistakes that young adults might make.

“It would be a brilliant idea to have a separate young system for 18- to 25-year-olds. The challenges they face are unique…they’re different than teens and someone in their 50s. As a young adult, our actions are usually a product of our surroundings and the people we look up to. Our actions reflect how we were raised. When you’re a young adult, you’re not yourself in most parts because you’re changing in many ways, all the time…We need a young adult system that understands our struggles and that can have more flexibility to change with time to understand trends of young adults…like with phones and social media, what was not normal a few years ago and is normal, so we need a judicial system that can be flexible to those changes.”

Young people’s suggestions included having separate courts for young adults, with judges and lawyers trained to work with this age group.

“Judges are used to dealing with older people and currently courts are seeing us as adults but we are not adults. Yes, you are a youth but still childish in a way. It would be better to be more lenient with sentencing for youth in that [18-25] age range.”

“It’s an age range that is still young, and they may get more support and help if things were separate. You might get a better chance to get sentenced to community service with probation. I think if courts and judges were separate it would have a better effect on the sentencing.”

Having a separate court system would allow judges to impose conditions that were more reflective of the lives of the young adults who appeared before them. With a specialized court, the professionals involved would gain expertise in which sentencing options were likely to be most effective.

“[For young adults] I think there should be more relaxed supervision, not so strict. It should allow the person to at least have a chance to better themselves in the community…. For example, if there is a condition that they are not allowed to have a cell phone, at least give them an option to have one in some way, or access to one at certain times. It’s so hard to make a living without access to a phone.”

Most participants felt that a separate custody system for young adults would be beneficial. Several young people drew parallels with the education system. They felt that the way that formal education is separated by age groupings could be replicated within the criminal justice system. Creating a system based on age groupings would also address young people’s concerns about the negative impact older offenders could have on younger ones.

“I think [custody] should be separated like in high school – like you have middle school, high school, and college. For the younger guys, you should have guys who are within 3 to 4 years of each other. Juvie is middle school and adult is college but there is nothing in between and you need that.”

One 22-year-old noted that most people his age had not yet lived independently. He suggested that a separate custody system for 18- to 25-year-olds could focus on supporting young adults to develop independent living skills. Another young adult shared:

“I saw a documentary once where the inmates had little cabins or small houses that they had to take care of, and it helped give them life skills and learn to live on their own. I think that’s a better way to deal with inmates than just locking them up, especially for younger people who maybe haven’t ever lived on their own. I think they [the justice system] need to deal with the shit that make people offend, but also need to teach them how to actually live in society.”

Focus on community sentencing and alternatives to custody for 18–25-year-olds

Regardless of their views on which type of custody system might be most appropriate for young adults, the majority of participants in this project felt that community sentencing should be the ‘go-to’ sentencing choice for 18- to 25-year-olds. They felt that young adults should only receive a custodial sentence if they were considered too dangerous to be in the community.

“For younger people who maybe don’t talk to people or have social anxiety you put them behind bars and they’re not going to thrive. They need support and connection. They don’t just need to be punished. They need to be supported to understand why they do certain things, and understand how to change it.”

Young adults who had been at risk of a custodial sentence but had been given a community sentence spoke of the value of this. They explained it was invaluable to be able to address their offending behaviour and learn new skills, while simultaneously continuing with schooling and employment, and maintaining their housing and social connections. They felt that the support they were receiving while serving their community sentence was assisting them in their transition to adulthood and should be offered to more young adults.

“Going through [community sentences] is a lot better because it helps you learn a lot about adult life and taking care of yourself…I’m slowly learning how to be an adult like manage money and get a license and all that, and they’re life skills I think I need and I think are really important to learn that you wouldn’t get in jail.”

Similarly, those who had served or were currently serving a custodial sentence spoke of the detrimental effect this experience had on them at a key development stage in their life. They commonly spoke of feeling like the time they spent incarcerated put them behind their peers developmentally when they were released.

“The hardest thing was catching up when I got out. I thank God that I am starting to catch up now, but I would say that it has been a challenge because during those three years I was in jail, most of my peers [outside jail] had families, they have big projects, and they are way ahead of me…Regardless, though, your life is affected and you lose that time to move forward.”

“At 18–25 those are the years of your life you should be building not sitting in jail. Those are the years you make who you are. I have two kids and I am missing out on a lot. It also puts a lot of stress on everyone around you.”

Expunge the record of an 18–25-year-old

Participants suggested that young adults with non-violent offences should be able to have their criminal record sealed or destroyed. Having a criminal record was a major barrier to employment and stopped young people who had made an immature mistake from moving forward with their life.

“One thing I don’t like about the adult system is that your criminal record stays with you forever. So for an 18 –25-year-old, the most important thing would be to give them an option for their criminal record to be absolved…I have one friend who has a criminal record for something minor when he had just turned 18, and every time he has to do a criminal record check for a new job it’s embarrassing that he has to disclose it every time. It can really harm his job opportunities. I don’t think that’s right…. If you complete your sentence and then your record gets wiped, that’s almost more important than custody and probation or separate courts, etcetera.”

Increase post-release support for young adults who have served a custodial sentence

Young people shared stories of being released from custody into homelessness, unemployment and with little to no money or essential supplies. For these young people, this created a cycle of committing crimes to address their basic needs, returning to prison and then going through the whole cycle again when released. Some felt they would likely continue to interact with the justice system throughout their adulthood until this was addressed. They suggested it should be mandatory to ensure all young adults are supported to successfully transition out of custody. For example, by ensuring they have a safe address to go to, setting them up with employment, and supporting them to access needed services in the community. Those who had experienced release from custody shared examples of feeling lonely, isolated and ill equipped for life back in the community. They wished they had received more support to access stable housing and any needed mental health and substance use services, and to navigate community life.

“When you get out like you have no [expletive] clothes or money to rent an apartment. Every time I get out, I take my welfare cheque and have to buy everything over again. Clothes, toothbrush, socks, all that shit. You only have the clothes you came in with. But you have no money, so you do what you have to do. You try to imagine buying everything you need to live with nothing. I have to commit crime just to live. Myself, I try to really budget but that’s the way it is. You’re kind of [expletive] when you get out – what kind of justice is that?”

“Outside of here, I haven’t been around a lot of people that aren’t just addicts. I need help learning about how to be around groups of people, just normal people…I need help with things like a bus pass. I need help getting places. I also need a pass to go to like fitness stuff…working out. I want help with a gym pass. I just need something to do to keep myself busy and focused on my path. I also love reading, maybe a pass to a library. I need someone who can help me with these sorts of things to keep me from coming back here.”

Summary

Young people identified a number of legislative changes that they felt were needed to better support 18–25-year-olds in the criminal justice system. These included ensuring they can understand and are able to comply with legislative requirements, separating them from older inmates in custody, decreasing processing times, providing an advocate to support young adults through the system and back into the community, and applying the same standards for sealing or destroying a young adult’s criminal record as are applied to youth.