CRIMINAL JUSTICE HAS LIMITS WITH CHILDREN

JUSTICE Minister Vic Toews apparently believes the criminal justice
system may have a role to play in managing the behaviour of 10- and
11-year-old children. This raises a number of issues for consideration.

It is common knowledge that the youth justice system, which currently
can only deal with children ages 12 to 17, is overburdened with a
backlog of cases. Also worth noting is that the criminal activity of
10- and 11-year olds is often rooted in social problems such as
poverty, the limited capacity of caregivers, and Fetal Alcohol
Spectrum Disorder, to name a few.

To use a punitive approach with these children results in a situation
that blames the victim. While their behaviours and criminal activity
are undoubtedly concerning and must be addressed, let us not forget
that these are wounded children who often do not possess the
developmental capacity to form intent.

This is why they become easy targets for adults to coerce into
stealing, running drugs, etc. It's also an age when young children
are very vulnerable to gang recruitment. Our correctional facilities
are filled with these wounded children who have become criminals as a
result of being treated like criminals, rather than being provided
with more effective interventions at an early age.

Is something required to address the behaviours of these 10- and
11-year olds? Absolutely. Does it belong solely within the justice
system or the child-welfare system? I believe that rather than
suggesting a system silo to handle the problem, there may be more
success in having all of the systems come together in a collaborative
approach similar to Healthy Child Manitoba. Healthy Child Manitoba
was recently acknowledged by the Health Council of Canada as a
program that is unique in Canada. It is a joint venture supported by
eight separate provincial government departments: Health, Education,
Citizenship and Youth, Family Services and Housing, Healthy Living,
Culture, Heritage and Tourism, Justice, Status of Women and
Aboriginal and Northern Affairs. Joint strategies should focus on
offering support to families, the use of programs which have already
demonstrated success, or the creative development of unique programs
to engage young people and keep them off the streets. Perhaps the
strategies can begin from a strength-based approach, focusing on the
child's gifts rather than deficits.

If there is a role for the courts, it should be as a mediation tool
or a referral system to alternative justice. Our Manitoba Youth
Centre already has a shortage of beds. That is certainly not the answer.

Instead of punishing them, let's look at solving problems through
building healthy families.