Legal Counsel, Moral Expectations, and Youth Justice: Economies of Worth in Youth Courts

• In Event: Specialty Courts and Considerations in Juvenile Justice

Abstract

The Youth Criminal Justice Act in Canada provides that the court or prosecutor can order the medical, psychiatric, or psychological assessment of a young person if “the court has reasonable grounds to believe that the young person may be suffering from ... a learning disability or a mental disability” (sec. 34). We found that such “reasonable grounds” offers little guidance of such grounds, fails to consider the economic constraints to providing assessments, and as such, legal professionals working in the courts suspect, but do not know, that justice-involved young people in the court have a disability. Legal professionals are not unaware of this and recognize the problems associated with working with with youth that have intellectual and developmental disabilities (IDD). We draw from Boltanski and Thevenot’s (2000) model of situated moral judgement to understand crown attorney and defence counsel’s criticisms of their work environments and positioning of young people with IDD within the youth system. We analyze their criticisms of legal situations throughout the justice process, the material conditions they work, and their conceptions of justice in the absence of guidelines regarding how to accommodate the needs of and ensure the protection of the rights of young people with IDD.

Authors

• Dale Spencer, Carleton University

• Daniella Bendo, King's University College at Western University

• Nathan Innocente, University of Toronto Mississauga