Anger and frustration have sparked a national petition demanding changes to the Young Offenders Act.
While a murder case in North Battleford, Sask., involving a young offender is at the bottom of recent outcry, there will probably be a few more cases involving youths accused of crimes, from petty theft to first-degree murder, that will emerge before changes are made.
In the most recent case, Helen Mongtomery ran a community care facility, in her home, for young offenders who were serving open custody sentences.
One of the young residents allegedly stabbed her to death.
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As more details from the suspect’s past criminal record emerged in the media, the public became further enraged.
While the media were attempting to serve the public, they were also flirting with contempt of court by revealing those details.
Under our legal system, the media cannot publish information about the past record of the accused, because it can prejudice a fair trial.
A young offender, under the age of 16, receives special treatment. The court accepts responsibility for the youth, and one of the primary ways to protect juveniles is to shield them from publicity.
This includes not naming the child or the child’s parents, or providing any information that could reveal the child’s identity.
The current petition, with more than 6,000 names, is demanding stiffer penalties for young offenders, but the public and some politicians are also asking the court to end the provision for anonymity for convicted offenders.
It becomes a question of rights: Does the community have the right to know a young offender is in their midst, or does the young offender have the right to be protected from public scrutiny and given a second chance to mature into a responsible citizen?
While the act is being attacked, graver issues must be examined.
What treatment is being provided to young offenders?
Even more crucial, what were the underlying causes behind the crimes?
Without identifying and then dealing with poverty, substance abuse, racism, mental illnesses, sexual abuse, boredom, peer pressure and any other factor which may have ultimately led to a youth committing a crime, there will be little hope of saving this child from becoming another crime statistic.
And unfortunately, this statistic might again involve someone like Helen Montgomery, who was trying to help.
