KIDS AND COURTS

A Debate Worth Having

Federal Justice Minister Vic Toews raised more than just a few
eyebrows when he suggested that children as young as 10 who break the
law be brought to court. He also raised legitimate questions about
whether the courts should step in before a child has established a
pattern of criminal behaviour.

"We must find ways of ensuring children are deterred from crime," he
said during a recent speech to members of the Canadian Bar
Association. "And one of the frustrations that has been expressed to
me is that sometimes children, by the time they're 12 -- because the
courts have been unable to access them under the Youth Criminal
Justice Act, have in fact established a pattern of conduct that will
be harmful over the long term."

The minister insists he does not believe children should be put
behind bars. Good -- incarcerating kids must never be an option.
However, if kids as young as 12 are repeatedly committing serious
offences, it warrants an examination of whether the current
child-welfare system alone can help prevent troubled kids from
turning into criminals.

Placing children under 12 before a judge would require changes to the
Youth Criminal Justice Act, which currently covers youth between 12
and 18. Critics of such a change say Toews' concerns aren't backed by
statistics, which show that 12- and 13-year-olds account for less
than five per cent of youth sentences.

They also warn that judges may not have the expertise to deal
effectively with children who haven't reached puberty. Debra Pepler,
a York University professor of clinical psychology, said cognitive
development should be considered before making any changes because
children under 12 can't think into the future. "They aren't able to
predict what the consequences of their behaviour will be," Pepler said.

However, lowering the age could fill a gap in the current system,
offering the courts the opportunity to ensure children receive
necessary treatment.

Clearly, the federal government must tread cautiously and thoroughly
before embarking upon an amendment that would effectively thrust kids
under 12 into the criminal justice system. But Toews' comments are a
catalyst for a much-needed debate.