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ai~~~ Znî.g' t ~ ~ r grwzr ~.w PAGE 14, WHfl'Y FREE PRESS, WEDNESDAY, AUGUT 9,1989 ~~from both ci3 sîdes rIEl c By Trudie Zavadovies' On April 12, 1985, at about 7:15 a.m., a 14-year-old *boy walked into his parents bedroom, aimed a .303 calibre rifle, and shot both bis parents in the bead wbile they slept. *He then walked downstairs, into the living roorn and shot bis 7-year-old sister in -the stomacb as sbe watched TV and cuddled ber Cabbagepatch dol.- He then went. to school, to a movie and to a friend's bouse wbere be was arrested for the triple murder. He was found guilty and served a total of tbree years for bis crime. He is now free. The Act bebind the sentencing of minors for such crimes has sparked controversy, conternpt and criticisrn. Some say it is the key to ights that bave been teo long absent from the justice system. Others say it is a licence teiIlI. either way, the Young Offenders Act is, undeniably, one of the ms explosive issues of the 80s. FiEve years ago this April, the Juvenile Delinquent's Act was laid to rest and made way'for the birtb of a new, improved piece of legislation known as the Young Offender's Act. This Act bas been acclaimed for its recognition of the rights of the young offender. It bas been condernned for taking rigbts away frorn society. Under the Act, the young offender has the rigbt of confidentiality. But, many ask, at what cost? Society bas lest its right te know who bas been convicted of committing even such severe crimes as murder. "The Young Offender's Act emphasizes the rights of the child/teenager as well as noting the need for the young offender te take responsàbility for blis actions and becorne accountable te society," says Ray BruI, head of. parole services for Oshawa and Bowmanville., He says that they've changed frorn focusing on the welfare of the child (the Juvenile Delinquent's Act) to a piece of legislation that emphasizes buman riglits of the cbild. Under the Juvenile Delinquent's Act, 16- and 17-year-olds were tried in 'the adult court systern and sent to adult facilities. The Young Offender's Act allows this age group te be tried as young offenders in family court.' Terry Howes, area manager for the Ministry. of Correctional Services for Whitby, Ajax, Pickering and Scugog, is more positive than the general public about the Act. 'We deal with it on a day-to-day basis. The philosopby of the Act places more responsibility on tbe young offender...Statistics show sentences tend te be longer than what tbey used te be for* many crimes; on an average, even longer than the sentences in an adult court." Howes sees this as a contradiction te the outcry over tbe exitng three-year senten- cing for the crime of murder. 'Right now, there are approimately 150 yeung offenders in our area," says Howes. "Approxirately one- quarter te one-third of that caseload represents WVhitby. 'The types of crimes seem te, vary depending on the region. The Whitby area bas more property-related crimes wbere- as Port Perry and more nortbern areas tend te bhave more violent crimes," says Howes. Lawyer Brian Korb sees the need for more flexibility in tbe Act, but notes the Act bas solid menit, especially wben it cornes to 16- and 17-year-olds. "If they're tried as aduits and go te an adult facility, it may totally destroy the id and make it 10 times worse," says Korb. "However, a lot of 16-' and 17-year-oldlg should be in. ad adult court. "The preamble te the Young Offender's Act could be changed to allow for more fleibilty'for crimes of a senious nature." Durhanm lawyer Graham Wakefield is a supporter of the Act. He was on the Canadian Bar Association subcornmittee to review the Young Offender's Act. Its an Act of checks and balances," says Wakefield. "No one wants a 16- or 17-year-old in a federal penitentiary. Réhabilitation is practically, nil. They are at an age wbere there is a greater chance of rehabil- itation. I always thinlc, 'There but for the grace of God go I.' Another controversy overý the Act, Korb notes, is the confidentiality of the young offender's identity. "Why is it at 17 3/4 years you can't have your narne publis hed and at 18 you can?," says Korb. "Personally, I would release the name." Brill agrees witb confiden- tiality te protect the young offender from the stigrnatism of being cbarged. But be sees it as a wealcness, too. He says of the age factor. "Every culture has different rights of manhood., .Yrou can -béà married at 16, fight. for your country at 16, vote at 18, drink at 19. There are very niixed-up passages of changes." He says that in this Act, "18 bas been chosen as the age for a person to take adult responsibiity." Confidentiality seems te be a conceru for Brill as well. " We are more indirectly than directly. affected by> confi- dentiality," says Bru. "One problern tat cornes te rind is getting information frorn police when .looldng for a young offender. In many cases, it's too general. Trying to apprebend the young- offender beones more cifficuit." Det. Sgt. Don Arscott bas his own definite views on- the Aèt - he doesn't like it. "This Act does lot affect 80' per cent of wbat' we do. It affects less than five percent of the 20,per cent of cases that go te court'- says Arscott. He telse of a young female savagely beaten by six or seven young offenders ini the region. "They urinated on ber face, made ber drink ber own blood and none. could be identified," says Arscott. He believes tbe cbargeable age sbould be'lowered frorn 12 years te 10. years. lI-e also says tbat names should be published and that anyone 14 years of age or older a ccused of murder or crimes of violence sbould be transferred te an aduit court. Arscott is frustrated by the Act and feels it is 'turning bad ids into' crirninals. Where are the rights of the victim? Honest people will be building bars to besafe." Victims of Violence is a group actively lobbying for change in the Young Offenders Act. Janet Jessup, SEE PAGE 15 c No one wants a 16a or 17a yeara old in a federal penitenti'ary2' w -D