The Sentencing of Aboriginal and Non-Aboriginal Youth under the Young Offenders Act: A Multivariate Analysis

Abstract

This paper examines the sentencing of Aboriginal and non-Aboriginal youth under the Young Offenders Act, using youth court data from five major cities in Canada. Three separate sentencing decisions are examined using logistic and multiple regression analyses: (1) the imposition of a custodial sentence versus a non-custodial sentence, (2) the use of secure custody versus open custody, and (3) the length of the custodial sentence. First, there is no evidence that Aboriginal youth are more likely than non-Aboriginal youth to receive a custodial sentence. Sentencing judges appear to base the decision to impose custody on traditional factors such as criminal history and the severity of the offence. Second, there is no convincing evidence to suggest that Aboriginal youth are more likely than non-Aboriginal youth to receive a secure custody sentence. Lastly, there is evidence to suggest, however, that Aboriginal youth are likely to receive a longer custodial sentence than non-Aboriginal youth, regardless of standard aggravating factors such as criminal history and offence severity.