Youth and Young Terror: Canadian Case Law and the Socio-Carceral Dynamics of Youth and Young Offenders Convicted of Terrorism Offences

Abstract

Focusing on developments within Canadian jurisprudence, the authors explore significant case law and its impact on our understanding of the challenges faced by youth and young offenders convicted of terrorism offences while navigating the legal and correctional systems. We demonstrate how Canadian law has often failed to address the needs and lived experiences of youth and young offenders convicted of terrorism offences while dealing with legal supports and corrections’ resources. To that end, we scrutinize important Canadian case law. Preliminary findings highlight the inadequate interventions measures, both at the state and non-state levels, available to inmates who have committed terrorism-related offences, as well as question whether such interventions have any reintegrative value for youth and young offenders’ personal growth and desistence upon release. Moreover, institutional deficits, such as the absence of correctional programing leave open the opportunity for re-offending and radicalization upon release. If there is a role for law to play in rehabilitation, a thorough exploration of case law as it relates to youth offenders convicted of terrorism offences is required. In addition to examining Canadian jurisprudence and its impact on understanding the challenges faced by youth and young offenders convicted of terrorism offences, it is crucial to underscore the importance of strong and conventional community ties after release. These ties can significantly mitigate further alienation and extremist tendencies. Socio-legal and carceral recommendations are discussed.