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Defy my expectations. Bring them to a head, and then tease them away from that climax for a little while longer. Less is more, but once you've taken away that less, given me more, take it away, just a little, so that my appetite is whetted without being sated.
I like the girls that cover up when they're showing off. An arm across their chest, another between their legs, the splayed fingers each another point of contention I can eloquently argue away. I like to work, and I like to deserve what I work for. So don't just give it all away when I just ask for it. Coerce me into making it an order. Force me to force you.
Show me that you deserve my Dominance, and I'll earn your submission. Because anything freely given is freely thrown away; I need that moment of wonder, where I'm not entirely sure whether I can take you, before I have the impetus to seize you by the mind and force you to my feet.
(Source: fairefroufrou.com, via kitty-en-classe)
From the way girls writhe when they masturbate, it's not a huge leap to write off the biting that they do as just another instinctual reflex, their bodies wanting to grab and gnash at anything in rage, and it just so happens to be another part of them. It's like biting their lip, but on a grander scale. You bite because you have no other choice; it's like asking why you chose to flinch when I made a sudden movement towards you. The question is redundant because it implies the choice in the first place.
But I don't think it's even remotely as simple as that. You don't bite because you just bite. Some girls do and some girls don't, so to write it off as some instinctual fluke would be to do it a disservice.
You don't bite because it's just another spasm of your body, where teeth meet flesh. You bite because the pleasure isn't enough.
You need that heady mix of the two, pain sharpening where pleasure blurs, a knife through the haze of bliss that comes from fingers between legs. To feel that, right there, teeth against your skin, biting down, sharp points of pain cast in sharp relief against the rest, is too sweet a sensation to turn down. It's the counterpoint to pressure, no matter how violent, and that's why it feels so damn good.
You're a little masochist, and that permeates everything you do. Especially then, when you're at your most intimate, lost in a malaise of self love. Why not bite yourself, just a little, feel the elastic of your skin between your teeth, the slickness of saliva against it. It's not all that far from the wetness making your fingers slip against your clit, against your cunt, between those lips. Different, but the same. Two sides to a coin. It's anything but unintentional.
(Source: theguccislut)
"I'm just worried that my oxygen supply might be cut off as your ego creates a vacuum in the room. That's all." She was smirking, and she was watching him. Hoping for a reaction.
He sat there for a moment, letting it settle in the air like a bad smell, before he held out his hand, as casual as anything. An eyebrow arched expectantly, and she narrowed her eyes at him, suspicion over confusion.
"What?" She folded her arms, still staring.
"Your underwear." His voice was casual, utterly assured, and a touch too nonchalant. She felt herself twitch as they fell upon her, as if it was the words themselves forcing her to throb. She resisted biting her lip.
"Why do you want it?" He shook his head, and snapped his fingers. The sound made her jump.
"Put them in my hand. Say another word and I'll make sure you'll think of me every time you sit for a week." The threat was clear, and the method was implied. It was enough for her to bite down her response, as acerbic as it had been.
Still, she hesitated, if only for another second or two. Then the moment passed, and her hands slid down her sides, catching underneath the waistband of her panties, before she pulled them down over her legs. They were heavier than she'd like to admit, the dampness giving them weight. Delicately, she placed them in his hand.
Suddenly he was up, moving around her before his free hand went to her face, finger and thumb digging into her cheeks, forcing her mouth open. She resisted for a moment, but the pressure was painful, and she didn't want to see what he would do if she struggled. Her lips fell open, and the panties, balled and damp, went in. Stuffed, gagged, held. He forced them against the roof of her mouth with one thick finger. She squirmed.
And then he let go, moving back to his seat, and picking up his book. Her brow was furrowed, and she could feel the cotton and lace expanding to fill the space of its new home. She could taste herself. One hand started to quest upwards, to touch them, maybe remove…
"No. They stay there until I say so. Once I think you've earned your voice back."
She moaned. He smiled, and picked up where he'd left his bookmark.
(Source: letmekneel, via pull-my-strings)
She'd practice, when there was no one else around. Arms above her head, stomach stretched, back arched just so. She'd stare at the ground, think the thoughts that would make her blush, and then let that breath that she'd been holding fall from her lips, only matched by the frustration that coursed through her veins, emotion circulated by her mind, her brain pumping it around like a bitter heart.
She wanted to feel his hands on her. He being a vague future form, someone who's just past the temporal horizon, an ambiguous set of traits and ties, shirts and suggestions. The sort of man that would want to tie her up, have her hanging from the rafters, naked as the day she was born, for her to pant and plead and pine for him when he was gone.
And so she practised. She got ready for him in those moments where she was alone and inclined. She dangled from doorframes, she lay on her back, arms underneath her body, wrists crossed over one another. Her mind created the ropes, held the binds, and made her tingle. Eyes closed, she could almost feel them, if she concentrated hard enough. Or, more accurately, if she didn't concentrate too much. If she let the idea seize her like she wanted him to.
It made her nipples hard to have her arms above her head, she knew that much. They were sensitive at the best of times, but then it was something different, like they'd just been properly tuned in to her mind, the white noise fading away into nothing so that the picture was crystal clear.
Naturally, the picture was of a girl in a ball gag, a girl that looked like her, head down, arse up, ready for him to take her. And then he would.
And she'd be ready.
(Source: suicidegirls.com, via pamota)
"You've had too much time to look at yourself." His mouth was against her ear, and she could feel the stubble on his upper lip grazing against her. It made her shiver. It made her bite down on that gag a little harder. "You've stopped seeing. You just look, and you judge, and you move on. You've ignored the beauty in favour of focusing on the blemishes." The back of his hand trailed down her side, her skin prickling in its wake.
"You're going to hang there, and you're going to see yourself again. For the first five minutes or so nothing is going to happen, because your eyes are going to flick to those parts of yourself that you don't like, that you wish you could get rid of." He paused, tapping a quick tattoo against her hip bone. "But once you've finished obsessing over those, your mind is going to start to wander a little, but your eyes won't be able to. You'll carry on looking at yourself, and at some point, you're going to stop looking and you're going to start to see."
This whole time, she'd been trying. She'd squinted, she'd spread her eyelids wide. She'd run them from her forehead down to her belly, and then back up again, tracing zig zags the whole way, to cover as much area as possible. But she didn't like how there wasn't as much swell in her breasts, or the way her nipples elongated when her arms were up like this. She didn't like how it seemed like her nose turned ever so slightly to the left.
"You're beautiful." His words cut through her concentration like a blade, and causing just as much damage to that cynical, pessimistic assessment of herself. She shivered, not for the first time, before he took a step back. She could see him, almost, in the edge of the mirror, sitting down in that big chair and pulling out the paper. Putting on a show for her, by not doing anything especially interesting. She wanted to see him, but all she got was the edges; fingers on the paper, knee over knee, tapping shoe. It wasn't enough to draw her attention away from herself.
And so she looked. And looked. And tried to let her focus fall away like she was staring at a magic eye. And then she looked some more.
And then, after a while, she started to see.
(Source: simply-black-and-white, via slavesdiary)
I fall hard for a will that doesn't crumple in front of me. That, when tested, the foundations remain solid, and the chin remains up. When you can take abuse, and remain stoic, the strength of your emotions a turmoil that remains under the surface. When you can slip a mask over your face, and let nothing out.
Because I fall in love with a challenge. I step to that Gordian Knot and I take out my sword. I find the crack in you, the piece of yourself that you keep so well hidden, and that is the thread that I will use to unravel you.
I fall so in love with you, so quickly, because you're the one that wants it the most. You're the one that can't give up, because the moment you do everything will fall apart. This beautiful illusion that we've created, this web of denial and mutual oblivion, will come crashing down and be for naught. You resist because that's the only way you'll know if I'm worth it.
I fall for your will because I want to earn your submission, more than anything. I want you to break, because if you merely bent than you wouldn't be mine. You'd be able to return to how you were before, and I'm not something you ever recover from. If you don't give yourself fully, then we're both wasting our time.
But to do that, you've got to hold onto every last shred of yourself, and fight me for it. You've got to fight me for it, and you've got to lose.
(via blackleatherbelt)
I know it's childish. I know that it's only going to cause you to be asked, a dozen times, whether that's a lovebite, or a hickey, or whether you're using a new fabric softener that doesn't really agree with you. I know that you'll blush, cover your neck with your hands, or a scarf, and brush off the question. I know that you'll silently swear at me every time, and I know you'll smile when you do it.
But despite all that, knowing the grief it's going to cause you, I honestly can't help myself. When my mouth is trailing that perfect path from the gentle swell of your stomach, over the dramatic curve of your breasts, and all the way up to your neck, I need to take a breather, pause for a moment, and get my bearings. My lips need to hunker down, savour the place for a second.
I have to make my mark, somehow. Sometimes I don't want to hurt you; things are softer, more playful. To have something so intimate turn into something so violently obvious is its own reward. A star cluster on your neck, my own personal constellations, mapped out for everyone to see. There's a galaxy right there, and each little dot, each burst blood vessel, bears my signature.
I know it's silly, but I can't help but love the way it makes you look.
(via kitty-en-classe)
Once the collar is around your neck, your palms against the floor and your knees biting into the carpet. Once the leash is tugging at you, taut in my hand, there's a very clear connotation at play. You get to know exactly what you are.
You're a pet. A piece of my property.
But more than that, there's a whole mix of things that go along with that. There's a reason I treat you like this, and there's a reason you enjoy it quite as much as you do. It's humiliating, of course, tied in with objectification and diminishing your sense of self, but more importantly it's doing that while at the same time making it abundantly clear that you're loved, and cared for.
That's the attraction, that duality of purpose, where you can be two seemingly opposed ideas, all at once. It's why it's so common, and why you feel that pleasant shiver running down your spine the instant you slip onto all fours.
That I can call you 'pup' or 'kitten' at the same time, of course, is just icing on the cake.
(via obsequiouslady)
He'd come from a family of poor eyesight. Glasses were a common feature throughout his life, so much so that when he'd come back from the optometrist with a clean bill of health, twenty twenty vision and the now useless knowledge of which letters go where on an eyetest, he'd felt an outcast within the home. He'd faked the next one, faltered at the third line, just to get a pair of glasses of his own.
They'd been worn three times, all within the week of getting them.
It wasn't until University that he realised that his sight was just as flawed as the rest of his family, just instead of myopia he was afflicted with microscopia. He zeroed in on the smallest details, until they were all he could see, in spite of the actuality of the person or object those details belonged to. He became obsessive. He did not like that he became obsessive.
In the beginning it was her smile that took up all of his view. Specifically, the slight curl in the corner of her mouth that dimpled in the most adorable way, a playfulness that ran contrary to the rest of her personality, that near constantly furrowed brow, and the perfect smoothness around her eyes, devoid of smile wrinkles. But she was young, and she had that smile. She had time.
When he'd first seen her naked, it was the surgery scar that suddenly became his visual fascination. That wasn't just limited to his eyes, though; his fingers knew it intimately, running over it, settling against the puckered flesh. She'd been nervous at first, but time is the great normaliser, and after the third night together she started to enjoy it.
He liked the mark. And he wanted to give her more. Create something on her he could obsess over. It started with pure colouration, his hand against her, her mouth curling, dimpling, as she lost herself in that mix of pain and pleasure. Contrary. He found new things to obsess over, to turn his lens against.
They made welts. The raised flesh was something he could see in three dimensions, and sense in three. The first time he ran his tongue over them she shivered. The scar on her stomach fluttered as her breath came in ragged. It looked alive. His fascination flickered, and returned to the welts. Her face looking at him over her shoulder. The corner of her mouth. The dimple.
And then she said 'I love you', and he found something else to obsess over.
(via americanmercury-deactivated2012)
Things move fast. They have to, if you're going to go from the cute and demure woman I first met to the slut at my feet, gagged and bound. For that to happen, it has to be in your head somewhere, a seed planted and forgotten about, or maybe it's already taken root, and is just waiting for the right light to bloom. But it has to be there, somewhere. You have to be aware.
More importantly, you have to be curious. You have to be unsatisfied with your lot, of where you are right now. There's something else out there, and you want to know what it is. Actually, no, you don't want. You need. It's a compulsion, a desperation. Knowledge is your morphine, and you always want more.
That's what drives you to change, brings you to your knees in front of me. Your curiosity is going to get the better of you, and you're going to need to find out how far you're going to go. How far I'm going to go, more importantly. Where I'm going to take you, what I'm going to show you. And how I'm going to make you feel.
Because I looked at you with the quiet confidence of the Dominant, when we first met. I regarded you coolly, but there was something warm behind that. That's what planted the seed, and sparked your curiosity. It'll be the end of you. I'll be the end of you.
(via pull-my-strings)
If there's anything that holds me in its thrall in this world, it's music. If you cut me, a treble clef is just as likely to come spilling out as anything red and viscous. And, as the vampire feeds off that life giving blood, so I drain my speakers until they're dry, and then try to sleep in the silence. I continue only because the bars and melodies, the cadences and beats, the keys and crescendos, allow me to.
I've mentioned before that you need to love music nearly as much as I do for me to ever approach interest, but sometimes I wonder whether mere love is enough. I depend on it. I can't work in silence, and I can't travel without a soundtrack. Conversation is interesting to me not only because of the content, but also because of the rhythm of the words, the melodies of the syllables.
I've been trying to come up with a way to properly frame D/s within that kind of context, where the strike of the hand analogises the slap of a drumstick against a high hat, but it's grown too torturous, contrived and strained. But there is music in Dominance. It's just not so trite as to be easily contained within the highs and lows of a single scene. It's more subtle than that, and it's stretched across the entire relationship. It has to, to make my heart sing so.
Enjoy the bondage. Revel in the restraints. Be thrilled when you're tied up. I want to see you squirm and struggle, but I want to see you truly thrive as well. I want to see you lie there and grip the ropes that hold you in place, and make sure they're firm. You have to want to know quite how helpless you are.
There's a self destructive streak in all of it, something that it may just be ever so slightly dangerous to encourage. Except instead of throwing yourself off a building, or running yourself off the road, you're just lying there, helpless. You're putting yourself in a position for me to take advantage, knowing that I'm all but helpless to do anything but. I might resist for a while, tease it out of you, but eventually I'll succumb to your vulnerability. I'm only human, after all.
I want to see your body rouse when I slip the cloth between your lips. Nipples erect, cunt glistening. Squirm for me, but not because you want to get away from the ropes and cuffs, but because of what they're doing to you. What knowing what I'm going to do to you is doing to you. Let's start a vicious cycle, you beautiful, depraved thing, and let's never get out of it.
(via prettyfollies-deactivated201204)
She was wearing nothing but lipstick, the preparation for a smile. Nudity enhanced, the evolution of the concept. The next step in naked.
He couldn't help but laugh to himself at that, his mind moving to the absurd when he had her in front of him, this amazing woman acting coy as her nipples thrust out at him, a pair of miniature dowsing rods pointing the way.
Her brow furrowed for a moment, a flicker, faltering before she regained the moment despite him, bit down on that finger, let it tug her bottom lip southwards a little, the lipstick gleaming in the soft light of the room. He leaned back on the bed and smiled, somehow happy with things as they were, in this moment before everything happened, the foreplay to the foreplay.
"Aren't you going to invite me over?" She mauled the line, grafting it into the scene like an alleyway surgeon. He laughed again, and inclined his head behind him. It was all the indication she needed.
It was only a few steps to the bed, but she made those feet into a catwalk, her hips swaying side to side like hypnosis, the finger never leaving her lips. He laced his behind his head, propping it up so he got the proper view of her. She sauntered. She slinked. She turned sultry into a form of locomotion.
"What made you think of the lipstick?" He murmured as she placed a thigh on either side of his, skin against denim, pelvis against muscle.
She considered it as the finger finally left her mouth, and slipped around his neck along with the rest of her hand, finding a grip so she could press her chest against his. She kept far enough away that he couldn't kiss her. He liked that.
"You shouldn't be thinking about why the lipstick is on my lips." It could have sounded like an admonishment, but right now everything was just a tease. "But rather where it's going to go next." The lipstick curled into a coy grin, and his eyes rolled to the ceiling.
"Oh but the things you do to me." He mocked her lightly, and she bumped her nose against his in return. There was a distinct pop as the fly of his jeans was pushed open. She looked almost surprised.
"You get the idea!" If her hands hadn't been draped around him he imagined she might have clapped to complete the picture. He just suppressed a smile, and she just slid down his chest, her mouth falling open.
He was happy, just there, in that moment. Before everything happened, the foreplay for the foreplay. He was happier when that moment passed.
Historically, the ocean has always been used as a metaphor for the subconscious, for the sea of thoughts and repressions that are always bubbling below the surface, a vastly unmapped and unknown space where all our innermost thoughts and neurosis glided ominously like colossal squid and mighty whales.
It's that repression that characterises it, that so much is under the surface, in a position where it's not shown, and it's actively hidden from everyone above sea-level. That means most of you is never known, kept away from those you interact with, for fear of what they might think, or just to keep your secrets safe. It's understandable. Hell, I do it more than most, I'd wager.
But I think D/s is a way of wading out of that great unknown, and riding the tide in to shore. It's a place where you don't need to be safe and secret, because we create an environment where everything is permitted, because it's so fundamentally based on honesty and trust. We're already at the outer fringes of both society and sexuality, that pretty much anything can at the very least be talked about. We're free of society's shackles, living Rousseau's ideals, which is incredibly liberating. And while we still have to struggle with certain hangups and neurosis, there is so much less that is left unsaid, and repressed.
Thoughts always find a way, in the end. The squid will always rise to the surface and gobble up a galleon, if you push it down hard enough. It's better to bring it to land yourself, and show it to the world. Show them that it's nothing to be afraid of, and that really, it's rather beautiful, in its own way.
(Source: spliffy-, via elpanteranera)
You get in such pretty messes, when I say just the right words, and do just the right things. You evoke the Russian Gymnast, all curves and stretches, your body contorting into shapes it's got no right to contort into. Back arched, arms spread, hands grabbing at big clumps of the duvet. All of it impulse, none of it thought out or considered.
And the noises you make, the half uttered words and simpered sighs. The hushed 'oh's that spill from your lips like a river bursting its banks, and the sudden gasps, punctuation between this touch here, and that touch there. And then there's the sentences, rushed, the words blurred together in a slurry, but the meaning oh so clear, regardless as to whether I can make out any specifics. There's a 'fuck' in there, most of the time, and perhaps a desperate call to one deity or another. Not with any purpose, never with any purpose, because, in that moment, you're a being without purpose, and without thought. Your mouth becomes a direct conduit to your consciousness, all filters removed.
So twist and turn, mind and body, because you're oh so pretty when you do.
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City on cliffs (iso)
Gluhoded. I enjoy your drawings very much. Technology is interesting but a pencil and a piece of paper is enough - and you do beautiful "doodles" You and I had a similar notion about cliff living...
Gary (gwiley)
Never saw this one before...it's really amazing!
Hey Gluhoded,
This image is awesome. Are you interested in a commission to draw a similar image for a book I'm writing? I have a city the is built into a cliff almost exactly like this one but with a few changes. I would be happy discuss more details if you're interested. (I hope you are!)

subset: commoncrawl


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Now booking for the 2011 Chicago Cubs season.
Reserve your group tickets for the upcoming year now!
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text:
Sandy Hook Memorial Dismantled
February 18, 2013 by UPI - United Press International, Inc.
NEWTOWN, Conn., (UPI) — Mementos on display in the Newtown, Conn., Town Hall in memory of the Sandy Hook shooting victims have been taken down, officials said.
Saturday was the final day for the public to view the thousands of cards, posters and other items on display before the memorial was taken down, The (Danbury, Conn.) News-Times reported.
Everything will be put into storage, except some items that will be given to the victims' families or some Newtown residents.
The Town Hall display was one of the last Sandy Hook memorials left in the city. A number of spontaneous memorials popped up after the Dec. 14 shooting, in which 20 students and educators were killed.
Most of those memorials were taken down around the end of December.
Volunteers have been working for the past few weeks cataloging the posters, cards and other mementos. Some wrote thank-you notes to the senders when return addresses were available.
Lynn Kovack, a clerk in the town's building department, said she sorted cards and letters for weeks while at her desk.
"We did our work, and also read and sorted," Kovack said. "You would be so touched at times, you'd start crying and everyone around you would cry with you."


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This heavyweight sock is ideal for extreme cold. This Wigwam original is a heavyweight, fully cushioned boot sock with an olefin sole for durability and superior wicking ability. Fortified sole and cushiony all over. Stay put leg top for convenience. The next time you head out for an outdoor adventure in the cold, wear a pair of these Wigwam Canada wool socks to keep your feet warm!
Harry's Army Surplus: Serving Dearborn and Metropolitan Detroit with army navy surplus, uniform gear, boots, army surplus and work clothing since 1950.


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The Focus On Mental Health booklet provides a wide sample of AOTA resources on mental health.
Registration is now open for AOTA's Specialty Conference: Improving Health & Participation of Older Adults in Charlotte, North Carolina from December 5 - 6.
Alerts about what's new at AOTA
Read AOTA's fact sheet on occupational therapy's role with pain rehabilitation.
Evidence Brief Series
1. Efficacy of sensory and motor interventions for children with autism
2. Problem behavior interventions for young children with autism
3. Effects of social interactive training on early social communicative skills of children with autism
4. Social Stories™ for children with disabilities
5. Auditory integration training and other sound therapies for autism spectrum disorders
6. Randomized trial of intensive early intervention for children with pervasive developmental disorder
7. Use of LEGO® as a therapeutic medium for improving social competence
8. Long-term outcome of social skills intervention based on interactive LEGO® play
9. Effectiveness of a home program intervention for young children with autism
10. Behaviors of children with high-functioning autism when paired with typically developing versus delayed peers
11. Developmental patterns and outcomes in infants and children with autistic spectrum diagnoses
12. Relationship-focused early intervention with children with pervasive developmental disorders and other disabilities


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The Edinburgh chapter split in June 2012 to form two chapters covering a wider area. This was the birth of Tribe 21 East Lothian.The two chapters run independently but also remain closely linked, along with the Borders and Fife Chapters.
We are determined to be more sociable than we've ever been and set a good light for the club - so to that end we're keen to hear from other clubs, make more friends and join in the fun. If you see us at rallies or events, please come and have a chat. We're always up for a bit of banter!
We normally ask new members to come along to a couple of meetings so we can all get to know them. Please give us a shout on our contact us page.
Tribe 21 started in 2005 as the Scottish Streetfighters. The club was reasonably well known and we made a lot of acquaintances through the many rallies and gatherings we attended.
Notably Scottish Streetfighters were one of only a few Blue Angels Support Clubs. After 6 years as Scottish Streetfighters it was decided a name change would be beneficial, so as of November 2011, we have been known as Tribe 21.
It has been difficult creating a new club with a new look and feel but it's all come together nicely with a bit of hard work. We've managed to build something new and fresh but have kept all the good bits of what we've learned over the years. We are looking to expand the club and not only join in and attend events and rallies but to be big enough to run some of our own.


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VTT reports continuously of the results of its basic and applied research activities.
Additional information
Olli Ernvall
Senior Vice President
+358 20 722 6747
Paula Bergqvist
Specialist, External Communications
+358 20 722 5161
Tiina Saario-Kuikko
Specialist, External Communications
+358 20 722 6745
Kati Johansson
Senior Specialist, Communications
+358 20 722 6739
Replacing plastic and mineral wool insulation with wood fibre
As part of the WoTIM project (Wood-based Thermal Insulation Materials), VTT
Technical Research Centre of Finland is developing wood fibre-based insulation
materials and sprayable insulation foams with enhanced product features. The
new materials will enable mass production of high-quality insulation products,
which will replace products made of non-renewable or poorly recyclable raw
materials. Use of wood-based material will lower energy consumption at the
production stage, as well as reducing the products' carbon footprint.
Read more...
16.09.2014 - Replacing plastic and mineral wool insulation with wood fibre
09.09.2014 - AERTOs accelerate the bioeconomy and the development of new lignin and algae products
03.09.2014 - Beauty patch developed by VTT generates its power from sugar and air
15.07.2014 - VTT: Textile waste can be made into fabrics that are even better than the original
01.07.2014 - Finland to lead the way in developing the storage of solar and wind energy
26.06.2014 - EU-funded ICT tool to help patients with brain trauma
23.06.2014 - Accurate information on people?s behaviour helps to improve retail design
18.06.2014 - New methods and tools for sustainable manufacturing
17.06.2014 - VTT: Finland to become a model country for sustainable transport by 2020
10.06.2014 - Finnish researchers developed new printing method for mass production of thin film transistors
05.06.2014 - Molecular self-assembly scales up from nanometers to millimeters
04.06.2014 - Fuel cells utilised to produce electricity from process industry by-product hydrogen
27.05.2014 - Increase in the Use of Biofuels the Most Cost-Effective Way for Finland to Achieve the Goals of the EU's 2030 Climate and Energy Package
21.05.2014 - More efficient processing of straw and wood into chemicals
14.05.2014 - Finnish study: Appeal of well-being applications often short-lived
13.05.2014 - Companies commercialise VTT technology that miniaturises measuring devices
12.05.2014 - VTT?s vision of life in the era of a bioeconomy in Finland in 2044
08.05.2014 - Finnish researchers discovered a new anticancer compound using accelerated drug screening process
06.05.2014 - The world of advertising revolutionised by a Finnish technology company
24.04.2014 - Next Media created new digital services for the media sector - VTT played a major role in user-centric co-development
16.04.2014 - VTT takes the ecocampus to China
15.04.2014 - Smoother passenger traffic across the Finnish-Russian border
10.04.2014 - Filter developed by VTT helps recover 80% of gold in mobile phone scrap
07.04.2014 - SmartCell project: Novel plant biotechnology approach for sustainable production of pharmaceutical compounds
25.03.2014 - Finnish research improves the reliability of ice friction assessment
20.03.2014 - Algae may be a potential source of biofuels and biochemicals even in cool climate
18.03.2014 - European research project aims at early diagnosis of memory disorders
17.03.2014 - On the ship bridges of the future, mariners will see the invisible world
13.03.2014 - VTT: Building to take note of individual human thermal comfort
11.03.2014 - VTT recovering metals and minerals from waste
26.02.2014 - VTT's hyperspectral camera shows promising results in detection of skin field cancerization
13.02.2014 - Birch bark compounds offer a wealth of business opportunities
07.02.2014 - Roll-to-roll printed nanophotonic sensors for environmental and pharmaceutical applications
04.02.2014 - Different weekly weight rhythms in gaining and losing weight
23.01.2014 - Biomass supply chains developed by VTT speed up use of bioenergy in Vietnam
23.01.2014 - VTT's new spin-off for quality control of glossy objects
07.01.2014 - New brand signature for VTT: Technology for Business


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Reader Comments (Page 1 of 1)
tulipblossom said...
I have to agree with you, TR. I feel badly saying it, because I like Bornakk. But, when I read his comment about that, I was actually a bit shocked and surprised. I guess it's easy to put the blues on a pedestal, but when it really comes down to it, they're just people like everyone else.
I could never bring myself to kick someone for their performance, if I know they're genuinely trying. And, I would never desert a group based on someone doing a poor job, either. I will stick it out, regardless of how long it takes. Because, I know that the person who's not doing so well probably already feels embarrassed and mad with themselves. I would rather lift them up, than bring them down. The only time I'd ever desert a group is if I had to, due to a real life issue or because my internet dies or I get dced.


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text:
Police commissioner testifies in PAL leader's asbestos-retaliation suit
Philadelphia Police Commissioner Charles Ramsey testified Thursday in the lawsuit of a former PAL leader who claims he was the victim of retaliation after complaining about a contractor's work.
State Department acknowledges Marine's heart was taken in Greece
Craig and Beverly LaLoup say they still don't understand how or why the heart of their son, 21-year-old U.S. Marine Sgt. Brian LaLoup, was taken out of his body after he died by suicide while stationed in Athens, Greece.


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Derivative Oblivion Moves Too Slowly
- Friday, April 19, 2013
The film's visuals, shot by Life of Pi cinematographer (and Oscar winner) Claudio Miranda, are more than competent, but there's nothing original in Oblivion's look or themes. Jack's identity crisis is predictable, as is his romance with both Victoria and Julia.
The stakes of the story aren't laid out early enough, and we're given no reason to care about the characters before they find themselves in jeopardy. Rather than being carried along by narrative momentum, Oblivion plays like a mood piece during its first half. That approach worked for Duncan Jones' fascinating, low-key Moon, but Oblivion (which feels like a megabudget distillation of similar themes in Moon) takes too long to reveal what's at stake for Jack and for humanity. Viewers who stick with the film won't be surprised by anything it reveals, although they may wonder why it takes so long getting to those revelations.
The sluggish pace puts the spotlight on non-story elements. For instance, the synth-driven soundtrack overwhelms the movie at points, and the inclusion of a few Classic Rock tracks does little to give the film the down-to-earth dimension it needs for Jack's character.
Oblivion might not be painful to sit through, but for all its futuristic talk and imagery, the film is ponderous and mundane. You won't hate it. You certainly won't love it. Most likely, you'll simply forget it. And that's a "memory wipe" you won't mind.
- Language/Profanity: Lord's name taken in vain; several uses of foul language; the f-word; "what the hell;" "pi--ed off"
- Sex/Nudity: Woman shown in shower from behind, and we see her upper back; a man's upper body in a shower; woman undresses in shadow, then jumps into a pool; a man joins her, and they kiss and are seen entwined in a long shot, then kissing again in close-up; woman's breasts are seen
- Violence/Crime: A man falls from a great height; a woman coughs up fluid from her lungs; a man is knocked out by a scav; a man is shot in the chest but is stunned, not wounded; a gun is pointed at a character's head
- Religion/Morals/Marriage: A book refers to "the temple of his gods;" discussion of how to "die well;" a woman says she created Jack and is his "god"
Questions? Comments? Contact the writer at firstname.lastname@example.com.
Publication date: April 19, 2013
CrosswalkMovies.com: Oblivion Review from crosswalkmovies on GodTube.
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Based on a novel by Thomas Pynchon, the film is set in Los Angeles in 1970. The story follows stoner Doc Sportello (Joaquin Phoenix), a private detective, who is tasked with investigating the disappearance of a young girl. Benicio Del Toro will be portraying his attorney, who constantly get's the P.I. out of trouble.
Paul Thomas Anderson is directing from a script he wrote and will also be producing with JoAnne Sellar, Daniel Lupi and John Lesher of his Ghoulardi Film Co.
Production is slated to start later this month.
Inherent Vice comes to theaters December 12th, 2014 and stars Joaquin Phoenix, Reese Witherspoon, Owen Wilson, Martin Short, Jena Malone, Josh Brolin, Benicio Del Toro. The film is directed by Paul Thomas Anderson.


text:
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text:
LOUISVILLE, Ky. (WDRB) -- No injuries were reported after a house fire in the Newburg area Friday morning.
The fire was reported around 8 a.m. at a house on Revere Drive near Appliance Park.
When crews arrived at the home, they found one woman in the front doorway, and another woman who couldn't get out of an upstairs bedroom because of the smoke.
Fire crews say that woman had shut the door to the bedroom to keep the flames and smoke out, and had opened the bedroom window.
Okolona Assistant Fire Chief Kyle Brown tells that was the safest thing to do.
"There was too much smoke in the hallway for her to come out," Brown said. "She probably would have succumbed to the smoke had she come out of her bedroom and tried to exit the structure. So it was the best thing, she did the right thing, went in shut the door and stayed in her bedroom."
Four fire departments responded to the fire and got it under control in just a few minutes.
Crews aren't sure what started the fire.
Copyright 2013 WDRB News. All rights reserved.
624 W. Muhammad Ali BlvdLouisville, KY 40203


text:
Panasonic flips for 4-in-1 recorder
Summary: At the Consumer Electronics Show in Las Vegas, electronics maker Panasonic shows ZDNet's David Coursey a tiny device that incorporates voice recorder, video camcorder, MP3 player and digital camera.
TOPICS: Hardware
Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.


text:
About Ted Graham
Areas of Practice
Previous Cases
Drinking / Driving
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Office Location
Contact Us
•Free Initial Consultation
Published Articles by David Harris
The Young Offenders Act was proclaimed into law in Canada on April 2, 1984.
It replaced the Juvenile Delinquents Act, which had been in place for the
previous 75 years. The YOA (as it has been called as a result of our love for
acronyms) brought about significant changes from that previous legislation. Many
were considered controversial right from the beginning and the critics started
complaining even before it was officially proclaimed. One group thought that it
was too harsh and created a new "Criminal Code for Kids". Others said
it was too lenient and allowed young people to avoid responsibility for their
Little has changed in that regard, despite amendments to the YOA over
the past 15 years. The criticism continues from both sides with many looking
back almost nostalgically to the time of the Juvenile Delinquents Act. In this
web page, I propose to examine that earlier Act, and then go on to discuss
various aspects of the YOA. Needless to say, emphasis will be placed on those
areas that have generated criticism or controversy. Comments will also be made
about the new Youth Criminal Justice Act, which was proclaimed in force on April
1, 2003.
Readers should be cautioned that the YOA/YCJA is complicated and cannot be explained fully in the space
available here. This is intended to provide general information only and should
not be construed as formal legal advice. It should also be noted that I am
referring to the law as it exists in the Province of Ontario in Canada. Anyone
who has been charged with an offence or who requires further information for any
reason should consult a lawyer directly. As I stated above the following is
intended to provide general information only and not to replace formal legal
advice from a lawyer retained to consider your particular case.
The JDA was a mixture of both criminal law and child welfare ("child
protection" in some provinces) law. It was a reaction to the perceived
harshness of earlier laws that treated children who broke the law just like
adult offenders.
During the 17th and 18th centuries, the fundamental aim in
criminal jurisprudence was not reformation but punishment. This applied equally
to children and there were numerous reported decisions about young children who
were hanged. By the late 19th century, reformers, who were incensed by the
harshness of this, clamored for change. They sought to protect and redeem those
who they saw to be the victims of vicious environments, unfortunate heredity and
cruel treatment at the hands of parents and employers. Juvenile court reform was
only a part of a larger social movement to clear slum tenements, to enact and
enforce humane factory laws, to ameliorate prison conditions and save future
generations from misery, pauperism and crime. As a result of the work of these
reformers, legislators introduced laws, which would treat young criminals by
civil process.
The JDA was one of these laws and its very language illustrates
its intent.
Young people were referred to as children. They committed
delinquencies rather than offences, and they were then called juvenile
delinquents rather than criminals or offenders. A young person who ran afoul of
the law was to be "dealt with, not as an offender, but as one in a
condition of delinquency and therefor requiring help and guidance and proper
supervision". The Act stated further that " the care and custody and
discipline of a juvenile delinquent shall approximate as nearly as may be that
which would given by his parents, and that as far as practicable every juvenile
delinquent shall be treated, not as a criminal, but as a misdirected and
misguided child, and one needing aid, encouragement, help and assistance".
Similarly, juveniles were not convicted of offences. They were
"Adjudged" to have committed a delinquency or to be a juvenile
delinquent. They were then dealt with, rather than sentenced. At that point they
might be committed to an industrial school (rather than imprisoned or sent to
jail), or committed to the care and custody of a probation officer (rather than
simply being placed on probation).
In some cases, these distinctions were quite
appropriate. Unlike the YOA, which allows young people to be prosecuted only for
crimes, the JDA included that and more. For example, the violation of any
provincial statute or of any municipal by-law could lead to a finding of
delinquency. Truancy constituted a delinquency. So did "sexual immorality
or any similar form of vice". Rather than dealing only with criminal
offences, the JDA also addressed child welfare (child protection) issues. This
was reflected in the sentencing section as well. This permitted a juvenile court
judge to "commit the child to the charge of any children's aid
society" where the child might then be dealt with under the provincial
child welfare law.
Since proceedings under the JDA were not really
"criminal" in nature, Juvenile Court trials were allowed to be
"as informal as the circumstances would permit". In addition, no
proceedings were to be set aside "because of any informality or
irregularity where it appeared that the disposition of the case was in the best
interests of the child".
These provisions allowed the rules of evidence to
be relaxed in Juvenile Court, and young people were often deprived of rights
that would have been observed in the case of an adult charged with the same
offence. This situation was radically altered when the YOA became the law in
~~Return to Table of Contents~~
Under the YOA youths are prosecuted only for crimes. They are expected to be
responsible for their actions. After reaching their twelfth birthday, they are
called young persons and if they are found guilty of a crime, they are called
offenders, albeit young ones.
Some early critics of the YOA complained about
this, calling the act a Criminal Code for kids. They objected to the
"new" approach that abandoned the child welfare tenets of the JDA.
Declaration of Principle at the beginning of the YOA recognizes that the
prevention of crime, including that committed by young persons, is essential to
the long-term protection of society. Further to that, while young persons should
not always be held accountable to the same degree as adults, those "who
commit offences should nonetheless bear responsibility for their
contraventions". Young persons who commit offences are recognized as having
special needs and as requiring guidance and assistance, along with supervision,
discipline and control. The rehabilitation of young offenders is stressed as the
best way to provide for the protection of society. So, while giving
consideration to the state of dependency and level of development and maturity
possessed by any particular young offender, the YOA treats them all as being
responsible for their crimes.
While young people cannot be prosecuted for
non-criminal matters under the YOA, neither can "an order of custodyÉbe
used as a substitute for appropriate child protection, health and other social
measures" in cases where a young person has been found guilty of a criminal
Along with these new responsibilities, the YOA gave young people a
number of rights. Suddenly they had most of the rights, which adults had always
possessed, plus a few more that applied to them alone. These rights will be
discussed in more detail in a later chapter.
The Youth Criminal
Justice Act will not change the current situation in this regard. It too is
criminal law rather than child welfare legislation and trials under that Act
will also be conducted as criminal trials.
The YOA only applies to those who are twelve years of age or older as of the
time that the offence is alleged to have occurred.
Any offender younger than
that is to be dealt with under provincial child welfare legislation. The
assumption there will be that any child who commits serious offences, or even
less serious ones if they occur on a regular basis, is not getting proper
guidance and supervision at home and should be subjected to some degree of
supervision by a Children's Aid Society. In the most serious cases, the child
may well be taken from the parent(s) and placed in foster care.
There are many
who disagree with this approach. They believe that 10 and 11 year-olds should be
covered by the YOA too.
We see very few 12 and 13 year-old offenders in Youth
Court. Presumably, there would be even fewer 10 and 11 year-old children if they
were also included.
The JDA did not specify a minimum age. The Criminal Code
however specified that no one under seven was to be prosecuted for a criminal
offence, and no person between seven and fourteen could be convicted
"unless he was competent to know the nature and consequences of his conduct
and to appreciate that it was wrong".
The JDA did prohibit committing
anyone under twelve years of age to an industrial school unless "an attempt
has been made to reform such child in his own home or in a foster home or in the
charge of a children's aid society" unless "the best interests of the
child and the welfare of the community require such commitment".
It should
also be noted that the possible sentences permitted by the JDA included placing
a child in "a suitable family home or a foster home" or committing him
to the charge of a children's aid society". These options are presently
available under Ontario's child welfare law, the Child and Family Services Act.
Those who believe in a consistent approach throughout our laws should note that,
at present, the Criminal Code provides that a child under 14 years of age is
legally incapable of consenting to participation in any sexual acts. Many, in
fact, believe that the minimum age for this is too low. It can certainly be
argued that if a 13 year-old is neither mature enough nor responsible enough to
decide that, then an 11 year-old cannot be mature enough to be held legally
responsible for committing a crime.
It is unlikely that the debate about the
minimum age will not be resolved in the near future. Part of the problem is that
whatever age we choose, it is really an arbitrary decision. We need to have a
cut-off somewhere, and we simply cannot all agree on where that should be.
proposed new Youth Criminal Justice Act will not change the age of criminal
responsibility from 12.
The YOA applies to those who have committed an offence before reaching their
eighteenth birthday. This has been the law in all provinces in Canada since
April 1, 1985. During the twelve months between April 2, 1984 and April 1, 1985
the age varied from province to province just like it did under the Juvenile
Delinquents Act.
Under the JDA, one could be prosecuted as an adult in criminal
court after turning 16 in Ontario and five other provinces. At one point Alberta
prosecuted sixteen-year-old boys as adults but girls were juveniles until
turning 18. Eventually 16 became the operative age for both boys and girls. In
British Columbia, the age was 17. In Newfoundland it was also 17 under
provincial legislation. (A provincial statute providing for the establishment of
a juvenile court was in operation when Newfoundland became part of Canada, and
under the terms of union that Act remained in force.) One remained a juvenile
until turning 18 in Manitoba and Quebec.
When the JDA was law and 16 and 17
year-old offenders were prosecuted in adult courts in Ontario, they received
special treatment. The courts developed special sentencing rules, which were
peculiar to youthful offenders. These rules were incorporated to keep these
youths away from older, more experienced criminals in jail and thereby avoid
providing them with the wrong kind of education.
Much criticism of the YOA is
directed to the maximum age. Many believe that 16 and 17 year-old youths who
break the law should be treated as adults. It should be noted however that we do
not treat this group as adults for most other purposes.
One must be only 16 to
get a driver's license in Ontario, but the graduated license system in effect
here almost guarantees that one will be 18 before being fully licensed. In
addition, there has always been vocal support for the notion of raising the
minimum driving age. (Many European countries already have a higher minimum age
both for driving and for criminal responsibility.)
One must be 18 in order to
vote or to enter into binding contracts.
One must be 18 in order to commence or
defend a lawsuit without the assistance of a litigation guardian.
One must be 19
in order to buy alcohol or cigarettes.
Clearly we do not believe that 17
year-olds are either mature enough or responsible enough to be treated as adults
in these areas. Neither should most of them be treated the same as adults in the
criminal courts. Admittedly there are some occasions where the maturity of the
offender and the severity of the offence committed combine to justify treating a
young person in the same way as we treat an adult. In those cases, the Crown may
apply to have that individual transferred to adult court.
The Youth Criminal
Justice Act does not change the upper age for young people involved
in criminal proceedings.
There are some occasions where the maturity of the offender and the severity
of the offence committed combine to justify treating a young person in the same
way as we treat an adult. In those cases, the Crown may apply to have that
individual transferred to adult court.
Under the Juvenile Delinquents Act,
anyone who was 14 years of age or older and was charged with an indictable
offence could be transferred to adult court only in exceptional circumstances.
The JDA itself limited transfers to circumstances where "the good of the
child and the interest of the community demand it". The Ontario Court of
Appeal interpreted this to mean that a transfer should be ordered only where the
crime was of a most serious nature and the child and his record supported no
other solution. Unless the Crown met this rather tough onus, the case proceeded
in Juvenile Court. Needless to say, few cases were transferred, especially in
Ontario where 16 and 17 year olds were considered to be adults under that Act.
Transfers were somewhat more common in provinces where 16 and 17 year olds were
generally treated as juveniles.
Little changed at first following enactment of
the Young Offenders Act. However, over time the rules were relaxed to make it
easier to transfer young people to adult court. Now, while there is a burden on
the Crown to persuade the court that transfer to ordinary court is appropriate,
the onus is not regarded as a heavy one. The question is whether the judge is
satisfied, after weighing and balancing all the relevant considerations that the
charges should be dealt with in adult court. In addition, 16 and 17 year olds
charged with murder, attempt murder, manslaughter or aggravated sexual assault
are presumed to be dealt with in adult court unless the young person satisfies
the youth court judge that the case should proceed in youth court. This shift in
onus means that many more, if not most, of these cases are dealt with in adult
The new Youth Criminal Justice Act could change the law even more. It
allows for a youth court judge to impose an adult sentence on a young person
rather than transfer him to adult court.
It lowers the age for youths who are
presumed to receive an adult sentence for serious offences (murder, attempt
murder, manslaughter and aggravated sexual assault) so as to include 14 and 15
year olds.
It expands the list of presumptive offences to include a new category
of offenders who show a pattern of serious violent behaviour. This has been
called the "three strike rule" in that the third time a young person
is convicted of a serious violent offence, he is presumed to be given an adult
sentence. Unfortunately this rule is unduly complicated. It is not clear what
constitutes a serious violent offence. In addition, the court has to go through
an extra procedure to have a judge rule on each case, including strikes one and
two. Finally, the Crown has a discretion whether to even ask that this label be
applied. This could therefor become another item to be plea-bargained away in
certain cases. I do not think that these provisions will succeed in making it
easier to punish young offenders with adult sentences. On the contrary, it
appears that they will be just as difficult to apply as the existing law.
Diversion and alternative measures are becoming used much more frequently for
people who are caught committing minor criminal offences but the programs are
not well understood by most people.
Diversion refers to a program that attempts
to divert minor charges out of the formal court process and deal with them more
informally within the community. Alternative measures is the name used for
diversion under the Young Offenders Act.
Why should we bother with these
programs at all? Can't the courts deal with these cases?
The simple answer is
The courts cannot handle all of these more minor matters in a
cost-efficient way. Also, studies have shown that a large majority (more than 75
per cent) of first offenders do not come back into the criminal justice system
no matter how they are dealt with. Diversion then, is an attempt to deal with
these cases in a cost-effective manner, allowing the offenders an opportunity to
avoid a criminal record while still insuring the public is protected against
further crime.
What is diversion? Years ago, it was limited to a police officer
giving an offender a stern lecture and letting them go with a warning not to
offend again. Now, diversion will vary depending on an offender's age and the
offence charged. One thing that all programs have in common is the requirement
that there be sufficient evidence to proceed with prosecution of the offence,
and that the offender accept responsibility, in writing, for the offence. With
young offenders, the parents are always involved.
Halton Regional Police run a
Youth Justice Program where young offenders are diverted out of the court
system. This not only reduces the workload in court, but it also reduces police
time spent processing and investigating offenders.
Depending upon the
seriousness of the offence, sanctions may range from a formal caution to
participation in a three-month contract with terms specific to the offence and
to the young person. This can be similar to being on probation and may include a
curfew, restitution, a research paper or community service work. Failure to live
up to the contract terms may result in the youth being charged with the original
There is also an Alternative Measures Program for young people run
through the court itself. Applicants are screened and must be approved.
Restitution and an apology are priorities here. Other possible sanctions include
community service, charitable donations or an essay on what effects the offence
has had, not only on the offender but also on everyone else in the community.
This program can take anywhere from one to three months, depending on the case.
For anyone (young person or adult) charged with possession of a small amount of
marihuana, there is a separate program that requires that those offenders who
are approved by the drug prosecutor must find a community service placement and
perform anywhere from 20-l00 hours of volunteer work.
The purpose of all of
these programs is to provide an effective alternative to the court process.
While formal charges are withdrawn against all who complete their program, this
not a way for an offender to get off. In fact, in some cases, the diversion
sanction may be more onerous than that imposed in court. In any event, for
practical reasons, these programs will be with us for some time yet.
The Young Offenders Act provides that parents have responsibility for the
care of their children and that young persons should only be removed from the
care of the home when necessary.
Parents are recognized as having an important
role to play in youth court proceedings. They must be informed of any charges
against their children and notified of the date and place of the court hearing.
They are entitled to be present in court and to advise the judge of their
concerns. Most judges will inquire whether any parents are present before
dealing with a matter in court. In addition, they will usually seek input from
the parents before sentencing a youth.
Parents are not, however responsible for
the illegal acts of their children. Responsibility for illegal conduct is placed
on the young offender alone.
This marked a change from the Juvenile Delinquents
Act which allowed a parent to be ordered to pay a fine, or damages or costs if
the court was "satisfied that the parent or guardian had conduced to the
commission of the offence by neglecting to exercise due care of the child or
otherwise". In addition, any adult could be charged with contributing to
the delinquency of a juvenile.
Some people complained that the lack of legal
liability under the Young Offenders Act allowed some parents to abdicate
responsibility for the acts of their children. This, in turn, set a bad example
for the children themselves who never developed their own sense of
Recently, the Ontario government has reintroduced the concept of
financial responsibility on the part of parents for property loss or damage
intentionally caused by their children who are under 18 years of age. The
Parental Responsibility Act came into effect on August 15, 2000 and allows those
whose property has been intentionally damaged, destroyed or stolen by minors to
bring a claim for up to $10,000 against parents in Small Claims Court. This
amount includes all costs incurred by a victim such as lost wages or profits,
car rental expenses, or any other expenses arising from the property damage or
This law should make it easier for victims to sue parents in Small Claims
Court. Until now, most of the onus has been placed on the victims of crime to
prove their case in court. Under the Parental Responsibility Act, victims need
prove only that the defendants are the parents of the child who caused a
specific amount of property damage or loss. In cases where the young offender
has been found guilty of that property offence in Youth Court, the law also
makes it easier for victims to use documents from that court to help prove their
The burden then shifts to the young offender's parents to establish why
they should not be found liable for their child's property offences. To do this,
they must prove that the loss or damage was not caused intentionally, or that
they exercised reasonable supervision of their child and made reasonable efforts
to prevent the damage from happening. In deciding whether parents exercised
reasonable supervision, judges are required to consider numerous factors
including the age of the child, his mental and physical capacity, any
psychological disorders and prior conduct. He or she should also consider
whether the youth was under direct supervision by the parent at the time, or if
other reasonable arrangements had been made for supervision.
This law is
supposed to be one of a series of actions taken by the Ontario government to
reinforce such values as respect and responsibility in society. We can certainly
hope that it will accomplish those goals. In the meantime, we will have to wait
and see how the law works out in practice. For now, it is too early to say since
no cases have yet made their way through the courts.
The general principles of sentencing are pretty much the same for both adults
and young people. There are certain rules, which are different when young people
are involved. The maximum sentences are definitely different. Finally, youth
sentences are served in different facilities. We will look at each of these
issues separately in this section.
A. General Principles of sentencing
protection of society is the primary goal of the court when sentencing either an
adult or a young offender. This of course would best be accomplished if that
offender, and others like him, stopped committing crimes. The sentencing judge's
task is to find a way to make this happen.
Most first offenders do not come back
to court. Many learn their lesson simply by being charged and brought into the
criminal justice system. The judge doesn't have to do much, if anything with
this group. It is certainly not necessary to send them to jail. A fine or
probation will usually be more than enough.
It is the repeat offenders who make
the judge's job a difficult one. Should he try to rehabilitate them or to deter
them or should he simply separate them from society? In Youth Court,
rehabilitation takes priority. In reaching the final decision however, the
sentencing judge must take into account the particular details and circumstances
of both the crime and the criminal, compare them to previous decisions, consider
the relevant principles and then impose the punishment that is appropriate for
that particular case.
Some offenders have specific problems that need to be
addressed if they are to avoid future crimes. Some abuse alcohol or other drugs.
Others have emotional or psychological problems. Many simply lack basic life
skills and are unable to cope in modern society. There is much that can be done
to help rehabilitate these people. Alcoholics can be placed in programs either
in jail or as part of a probation order. They can be ordered not to drink and
encouraged to attend AA. Probation officers can provide supervision and support
within the community. Similarly, counselling can be provided for those with
emotional or psychological problems and educational programs may be made
available to those lacking sufficient life skills. None of this however,
guarantees success because all of these programs will be useless unless the
offender chooses to take advantage of them. Many do so willingly. Others do not.
The judge may try to deter an offender by imposing a sentence harsh enough that
it exceeds any advantages that came from his offence. The idea is that before
committing another crime the offender will weigh that penalty against any
benefits and choose not to reoffend. In theory, others should also be deterred
by such sentences. In practice, however not all offenders consider the potential
consequences of their acts. If they did, our courts would not be so busy.
Potential deterrent dispositions for young people include secure custody (the
youth version of jail), open custody (generally served in a group home), fines,
restrictive probation orders and community service orders.
Those offenders who
will not be rehabilitated or deterred may simply be separated from society by
putting them in custody. They may not learn anything from this but they cannot
commit further offences while they are there. In all cases the sentence must be
proportionate to the gravity of the offence and the degree of responsibility of
the offender. The judge must consider certain aggravating or mitigating
circumstances. Finally, the sentence should be similar to sentences imposed on
similar offenders for similar offences committed in similar circumstances.
Criminal Code requires judges to consider "all available sanctions other
than imprisonment that are reasonable in the circumstances". In addition,
"an offender should not be deprived of liberty, if less restrictive
sanctions may be appropriate". Recently Parliament introduced conditional
sentences, allowing some offenders to serve their jail sentences in the
community. These are not available under the YOA but it also contains provisions
requiring judges to consider all other alternatives before resorting to custody.
The new Youth Criminal Justice Act goes even further in this direction.
in most cases, jail is to be the sentence of last resort for adults and young
people alike.
Some crimes however are so odious that denunciation becomes the
primary goal in sentencing. The sentence then is intended to express society's
abhorrence for that particular crime.
While these general principles are
applicable to both adult and young offenders, there are differences between
those two groups. One difference is in the maximum sentences, which may be
imposed on young people
B. Maximum sentences under the YOA / YCJA
The YOA says that a
young person cannot receive a sentence that is longer than the maximum sentence
that could be given to an adult for the same offence. That does not mean that a
youth cannot get a longer sentence than an adult. Few offenders (adult or youth)
are given maximum sentences and a youth with a bad record could well get a
longer sentence than an adult first offender.
In addition, adults are
automatically entitled to remission (credit for good behaviour) reducing their
sentence by one-third. They are also eligible for parole after serving one-third
and an application to the parole board is automatically processed on any
sentence of six months or more. Young offenders do not get remission and they
are not eligible for parole. To reduce a youth sentence the young offender must
apply for a review of disposition by the judge who originally sentenced him. A
review is not mandatory until the young offender has been in custody for at
least six months.
The maximum sentences under the YOA generally exceed the
sentences actually given to adults even without considering remission. So let's
look at the maximum sentences for young offenders.
(i) Murder
When the YOA first
became law, the maximum youth sentence for any murder was three years. It became
easier to transfer such serious cases to adult court where a youth faced exactly
the same penalties as an adult. These provisions received much public criticism
and over time they too were amended.
At present, a youth who commits
first-degree murder can receive a youth sentence of up to 10 years. Six years is
spent in custody with the remainder spent under conditional supervision in the
community. Before his release into the community, the young person must be
brought back before the sentencing judge who will then set the conditions of
If, at that time, the judge is satisfied that the youth is likely to
cause serious harm if released, the judge can order he serve the whole sentence
in custody.
Most first-degree murder cases are transferred to adult court. There
the sentence for a young person is life imprisonment with no parole for at least
10 years. An adult convicted of that offence would have to wait 25 years before
being eligible for parole.
The maximum youth sentence for second-degree murder
is seven years with four of those in custody and the remainder under conditional
supervision in the community. As in first-degree murder cases, the sentencing
judge must review the case and set the conditions before a youth is released
into the community. If the judge is satisfied that the youth is likely to cause
serious harm if released, the judge can order he serve the whole sentence in
If a young offender breaches any of the conditions of his release, he
can be returned to custody pending a hearing before a judge. The judge can then
either release the young offender or order that he remain in custody for a
further period, not to exceed the remainder of his disposition.
second-degree murder cases are also transferred to adult court. Youths guilty of
that offence receive an automatic life sentence. The judge decides the parole
eligibility minimum, which could be anywhere from five to seven years. An adult
convicted of second-degree murder would have to serve between ten and 25 years
before being eligible for parole.
The increased maximum penalty for murder has
required certain procedural changes in the Youth Court. Now, young people tried
for murder in Youth Court are entitled to have a preliminary hearing and then be
tried by a jury. (The Criminal Code and the Charter of Rights both guarantee
everyone the right to trial by jury when the maximum sentence is 5 years or
more.) When the maximum sentence was only three years, a murder trial in Youth
Court was before a judge without a jury and there was no preliminary hearing.
Under the Juvenile Delinquents Act, the maximum sentence for a youth tried in
Juvenile Court would have been committal to a training school until his
twenty-first birthday. That maximum was the same for both first and
second-degree murder. When a juvenile was transferred to regular court, however,
he became subject to the same penalties as an adult. At one time this included
capital punishment.
For example, as of June 14, 1959, Stephen Truscott was an
ordinary 14-year-old, living anonymously in Clinton, Ontario. That status
changed the next day, when he was accused of raping and murdering his
12-year-old classmate, Lynn Harper. His case was transferred to adult court,
where he was tried and convicted. He then became the youngest person ever to be
sentenced to hang in Canada. All this happened within a few months of Lynn
Harper's death.
Truscott's sentence was later commuted to one of life
imprisonment. He served ten years in youth facilities and at Millhaven
Penitentiary before he was paroled. He then changed his name and returned to an
anonymous life, this time in Guelph. That anonymity ended just recently when he
appeared on CBC's The Fifth Estate to again declare his innocence.
Truscott was exceptional in that his case became well known, not only at that
time, but also to later generations. Most of the few young people who have
committed murder have remained unknown to anyone outside their own community.
(ii) Offences punishable by life imprisonment
A young person who commits an
offence, other than murder, for which an adult could be sentenced to life
imprisonment, faces a maximum sentence of three years. This sentence can include
secure custody, open custody, probation or any combination thereof. The total
combined sentence cannot however exceed three years.
The offences which fall
into this category include attempt murder, conspiracy to commit murder,
accessory after the fact to murder, manslaughter, criminal negligence causing
death, aggravated sexual assault, kidnapping, robbery, and break and enter a
Where a young person is transferred to regular court for one of these
offences, he becomes liable to exactly the same penalties as an adult.
(iii) All
other indictable offences
The maximum sentence for these offences is two years
of secure custody, open custody, probation, or any combination thereof. If there
are multiple such offences, the maximum combined sentence becomes three years.
Again, where a young person is transferred to regular court for one of these
offences, he becomes liable to exactly the same penalties as an adult.
If a
young person commits a further offence while serving a previous disposition, the
sentence for the new offence may be served consecutively to the previous
disposition and the combined duration of these sentences may exceed the maximums
that would otherwise apply.
(iv) Summary conviction offences
In cases where the
Crown Attorney elects to proceed summarily, the maximum sentence will range from
6 months to 18 months. The maximum here is exactly the same as for an adult.
young person may actually face a longer maximum sentence for these offences
because the Crown will often elect to proceed summarily against an adult in
order to avoid a preliminary hearing and a jury trial. A young person does not
have a right to these, even when the Crown proceeds by indictment on any charge
other than murder. There is therefore less pressure on the Crown to proceed
summarily against young people in Youth Court.
Summary conviction matters cannot
be transferred to adult court.
In general young people have the same rights as everyone else. There are some
exceptions to this but by and large an examination of the rights of young people
must start with a review of the rights possessed by all of us.
For example,
"Everyone has the right not to be arbitrarily detained or imprisoned."
This section of the Charter of Rights means that police cannot just stop someone
without a valid legal reason. Usually the officer must have reasonable cause,
based on objectively discernible facts, to suspect that the detainee has been
involved in some illegal activity. Police are, however, authorized to stop motor
vehicles and question their drivers for many different reasons. These laws have
been held by the courts to be reasonable limits on a driver's rights.
"Everyone has the right on arrest or detention to be informed promptly of
the reasons therefor and to retain and instruct counsel without delay and to be
informed of that right." In other words, the police officer must tell you
why you have been stopped. In addition, if the officer is proceeding beyond a
general investigation, he or she must inform you of your right to speak to a
lawyer. You must also be informed of the availability of a 24-hour duty counsel
who can provide telephone advice at any time to anyone who cannot reach his or
her own lawyer.
If you indicate that you want to speak to a lawyer, the police
are then obligated to provide you with a reasonable opportunity to do so. In
addition, they must refrain from attempting to obtain evidence from you until
you have actually spoken to a lawyer. Until then, they cannot ask you to answer
questions or to take any tests including a Breathalyzer test. They can, however,
require you to take a roadside breath test under certain circumstances.
You are
not limited to just one phone call. You are entitled to a reasonable opportunity
to speak to the lawyer of your choice. In some cases, however, you may have to
settle for duty counsel. The most common reason for this will be the requirement
that breath tests be taken within two hours of the driving.
You should always
assume that there is a reason why the police have told you that you have the
right to talk to a lawyer. So you should talk to one whenever you are given the
Everyone has the right to remain silent and not incriminate himself. The
existence of this right may well be the most important information that a lawyer
will give you following your arrest. It is then up to you to follow this advice
and to not answer police questions that are put to you later. While you have the
right to remain silent, they still have the right to ask their questions and you
must decide whether to answer or not.
The right to remain silent does not
include a right to lie. Lying to the police could lead to a separate charge of
If police question a person without advising him of his rights, any
statements obtained from him will likely be excluded from evidence in any trial.
In addition, the statement will not be admitted unless the prosecution can prove
it was made voluntarily. It must be shown that there were neither threats nor
inducements made in order to obtain the statement.
There are further rules
governing the taking of statements from young persons who are under 18 years of
age. The Young Offenders Act requires police to tell a young person that he or
she is under no obligation to give a statement and that any statement given by
him may be used as evidence in court proceedings. The young person has the right
to consult counsel, a parent or some other adult. In fact, any statement
obtained from a young person is required to be made in the presence of the adult
consulted unless the young person desires otherwise. This right can only be
waived in writing or on video. The current practice of Halton Police is to have
a waiver signed during a videotaped interview.
These extra safeguards for young
people are apparently based on a belief that young people cannot necessarily
make the same decisions as adults. Certainly, at home, many parents press their
children to confess to such a degree that it may seem better for the child to
confess to something whether he has done it or not ("I will still love you
no matter what you've done but don't tell me you didn't do it"). This
attitude can carry over to the police station.
I know many police officers who
do not subscribe to the above philosophy. I also know a large percentage of my
youth clients choose to waive their rights without speaking to either a parent
or lawyer. Most then go on to make some sort of statement to the police. It has
been my experience that adults are much more likely to exercise their rights to
speak to counsel and to remain silent.
The new Youth Criminal Justice Act will allow a judge to admit a statement despite the absence of a proper
waiver, if the judge is satisfied that the admission of the statement will not
bring the administration of justice into disrepute. We will have to wait and see
how the judges will interpret that provision once it becomes law.
These changes
will likely satisfy neither side of the debate. Those who believe that there are
valid reasons for the safeguards requiring signed or videotaped waivers will
still argue that the police should be made to follow the rules and there should
be no exceptions to that. Otherwise the rules become uncertain and ultimately
If, on the other hand, the protection is not important, then we do
not need special safeguards at all and they should simply be removed. Both the
current and proposed law provides that a youth who pretends to be 18 or older
when dealing with the police will not be entitled to these special rights. The
law does not allow one to benefit from a lie in these circumstances.
Young people may have special rights when they are being questioned by
police, but they are in no different position than adults when it comes to
police searches. In fact, in some circumstances, such as searches in schools,
they may have fewer rights than adults.
"Everyone has the right to be
secure against unreasonable search and seizure." This right pretty well
disappears once you have been arrested. Police officers have the power to search
a person as an incident to a lawful arrest and to seize anything in his
possession or immediate surroundings to guarantee the safety of police and the
accused, to prevent his escape, or to provide evidence against him. This may, in
certain circumstances, allow them to search a motor vehicle but a warrant will
probably be required before searching the arrested person's residence.
Supreme Court of Canada considered the question of school searches in a case
from Nova Scotia. There, a vice principal had heard from students the
13-year-old accused was selling drugs in the school and would be carrying drugs
at a school dance. The vice-principal called the R.C.M.P. to attend and then
asked the accused to accompany him to his office.
He then questioned the boy
until the police officer arrived. The officer advised the boy the vice-principal
was going to search him. A plastic bag containing a small amount of marihuana
was found and the boy was charged with possession.
The Supreme Court assumed for
purposes of the case that schools constitute part of government and that the
vice-principal was acting as an agent of the police. Accordingly, the Charter of
Rights applied to his actions. They found however, the search was not
unreasonable and the marihuana was not excluded from evidence during the trial.
The Charter of Rights provides that "everyone has the right to be secure
against unreasonable search and seizure". What is considered to be
unreasonable in a particular case will be determined largely by the degree of
privacy that any individual might reasonably expect to have in those
While a student does have a reasonable expectation of privacy
over his person, a student's reasonable expectation of privacy is significantly
diminished in a school setting. While warrantless searches are normally
considered to be unreasonable, a more flexible and lenient approach is required
in schools.
A school authority must have reasonable grounds to believe that
there has been a breach of school regulations or discipline, and that a search
of a student will uncover evidence of that infraction. The reasonable grounds
may include information received from one or more credible students or from the
teacher or principal's own observations.
As a result of this decision, students
in school have lost a number of rights that they enjoy when not in school and a
student's expectation of privacy is greatly reduced.
At the same time, teachers
and principals have been given a great deal of deference regarding the
information they act on, its reasonableness and the credibility of any source.
They now have broad powers to search both students and their lockers.
decision should not, however, be taken as authority to strip-search students. As
a teacher and vice principal at a high school in southwestern Ontario learned
recently, students still have some expectation of privacy, even in a school
setting and such invasive proceedings as these will be seen to be an
unreasonable invasion of the student's rights.
The Supreme Court noted that
schools have a duty to foster the respect of their students for the
constitutional rights of all members of society and that learning respect for
rights should be part of the education of students. Further, values are best
taught by example and those values may be undermined if students' rights are
ignored by those in authority.
~~Return to Table of Contents~~
Many myths abound about the Young Offenders Act. One of the most common myths
is that a Youth Court record is destroyed when the young person turns 18. Like
most myths, this is not correct. So let's take a look at what is reality here.
Young people who are found guilty of a criminal offence are treated differently.
First of all, they are not convicted but merely found guilty. This distinction
may not appear to be important, but it allows a young person to answer
"no" when asked if he or she has been "convicted" of a
criminal offence. In most circumstances, that is all that can be asked.
Once the
disposition imposed on a young person has been completed, he is deemed not to
have even been found guilty of the offence except for certain purposes involving
the courts, the police or a parole board. In other words, once the fine is paid
or the custody and probation is over, the young person is no longer guilty of an
offence for most purposes.
The record itself is to be destroyed if the young
person stays out of trouble for 3 years after completing the sentence for a
summary conviction offence (a less serious offence) or after 5 years in the case
of an indictable offence (the more serious ones). If further Youth Court
offences are committed during this period, the date for destruction is pushed
back to three or five years depending on the seriousness of the new offence)
following the last matter. If the young person becomes an adult and commits a
further crime during this period, the rules applicable to adult records will
apply to all offences. This would cause the record to remain for the rest of
that person's life unless a pardon was sought and obtained.
Records relating to
a finding of guilt for first degree murder, second degree murder, attempted
murder, manslaughter and aggravated sexual assault may be kept indefinitely in a
special records repository. The fingerprints of those guilty of those offences
may similarly be kept indefinitely in a special fingerprints repository.
records of young people who have been transferred to adult court are treated as
adult records.
Not everyone may access Youth Court records. These may be
released only to those specified under the Young Offenders Act. For example, the
YOA specifically provides that a record may be made available for inspection to
the victim of the offence to which the record relates. It is an offence to
disclose these records to anyone not listed in the YOA.
It is also an offence to
identify a young person as having been charged with an offence. A court order
may be obtained where publication of the name will assist the police in
apprehending a dangerous individual. Similarly school officials may be informed
of a young person's identity to ensure the safety of staff and students. The
court may also authorize disclosure to others where the young person poses a
risk of serious harm to those persons and the disclosure of the information is
relevant to the avoidance of that risk.
Critics regularly complain about the
provision for anonymity under the Young Offenders Act. They feel that it allows
young offenders to avoid public acceptance responsibility for their crimes.
Supporters of the YOA counter that a young person should not be publicly branded
as a criminal for a youthful indiscretion. Personally, I am not a die-hard
supporter of not publishing offenders' names. I am uncertain as to the benefits
that flow from it. However, we should not delude ourselves into thinking that we
would be much safer if we, the public, could all be told the names of young
offenders. Usually, those closest to the case, that is, those in the young
person's own community, know who the young person is without his name ever being
publicized in the media. In addition, adult offenders go through the courts,
serve their sentences and are released. Some of them may also offend again. The
news media could publish the names of these offenders, but in most cases they
don't. They don't because it isn't news. It is an everyday event. As a result,
these people go through the system and return anonymously to the community
without anything near the outrage expressed regarding young offenders.
The Young
Offenders Act also protects the identities of young victims and witnesses. There
is, quite properly, no disagreement with these provisions.
The new Youth
Criminal Justice Act makes very few changes in this area. It would appear that
under the new legislation, a young person may be identified if he is charged
with a presumptive offence, whether he ends up receiving an adult sentence or a
youth sentence. In addition a young person may after turning 18 publish or cause
to be published information that would identify him as having been dealt with
under the act whether as an accused, a witness or a victim. Other than these
provisions, the law will remain pretty much the same.
1. Take the matter seriously. Depending on circumstances, this could follow
you for the rest of your life if you are found guilty. The Canadian Police
Information Computer (CPIC) could maintain records of it for from a year to a
lifetime. As I have described above, a youth record does not automatically
disappear when you turn 18.
2. See a lawyer. The law is complex and you need competent representation.
Find out your rights and determine whether you have a viable defence. Only a
lawyer can tell you this. Speak to one who can properly handle your case. If you
decide to fight the charge, hire a lawyer to represent you in court. Criminal
charges against either adults or young people are too complicated for you to
defend on your own; no matter how much information you obtain ahead of time. You
should also remember that all lawyers are not created equal. The practice of law
has become more and more specialized. The lawyer who did your house deal cannot
be expected to also keep up on the latest developments in criminal law and the
YOA/YCJA. You should, however feel free to ask previous lawyers for their suggestion
as to whom you might retain to defend you.
3. Your choice of lawyer should not be based on the amount of the fee alone.
The Province has almost unlimited resources when it comes to your case. You need
to hire a qualified lawyer who has experience in defending these cases and pay
him a fee that will allow him to put sufficient time and effort into your case
to counter the prosecution. Lawyers must earn enough in the time they spend on
your case in order to cover their expenses and make a living wage. If you go too
low, your lawyer will not be able to put in the time necessary to protect you.
Look for a reasonable, predictable fee, not the lowest. Often, you do get just
what you pay for. Do discuss fees before hiring a lawyer. In my practice, I will
tell you what your case will cost, usually at the first meeting.
© 2006 M.Edward Graham Legal Disclaimer
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My Pregnancy/Parenting BLOG TTC since 5/2011, BFP #1 12/3/11, M/C 12/7/11 @ 4wks 2d. Began seeing RE Sep 2012. October 2012 Metformin 1500 mg= ovulation on CD34 BFP#2 11/14/12 9DPO, EDD 7/26/13, DX Gestational Diabetes @14 wks, Kayla Kathryn born sleeping 3/24/13 @ 22wks 2d. BFP #3 7/4/13 8DPO EDD 3/22/14, DX Gestational Diabetes @14 wks. started insulin @16 wks. Our rainbow, Emily Kathryn born 3/19/14 @ 39wks 6d., we're so in love!
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Unable to persuade a single editor to send him to Hawaii in search of Beverly Hall, the Insider has gone to look for the former APS superintendent in places he can afford. Cleveland, perhaps.
In the meantime, feel free to resolve the debt-ceiling crisis.
- By Jim Galloway, Political Insider
For instant updates, follow me on Twitter, or connect with me on Facebook.
July 15th, 2011
10:28 am
My poor sick mother enjoys fishing.
July 15th, 2011
10:48 am
Jim, thanks for a great laugh!
July 15th, 2011
10:50 am
i can smack gum and take fishing notes–not in cleveland, though. orlando?
July 16th, 2011
6:48 pm
did monica ever get an interview with the cheater hall on her junket to maui?
July 19th, 2011
12:02 pm
That would be Sonny's solution to the debt crisis – Go Fish!