Understanding Cases of Failure to Comply with A Disposition
The second section of this report builds on the previous section by exploring the criminal history of failure to comply cases under the Young Offenders Act. All cases  in Canada  that were disposed of in 2002/3 and had a conviction (or convictions) for
“failing to comply with a disposition” (YOA: Section 26) were identified. For youths with more than one distinct case having a conviction on a failing to comply charge within 2002/3, the final such case was selected, based on the date of disposition (“case end-date”) . Once all unique cases with conviction(s) for failing to comply were identified, their previous convictions and sentences (to 1991) were gathered. Specifically, failure to comply cases disposed of in 2002/3 were linked to previous
years by matching on province/territory of disposition; accused identifier; sex of accused; and birthdate of accused.
Not all persons with a conviction for failing to comply in 2002/3 could successfully be linked to at least one preceding convicted case. Obviously this should not occur since, in order for a person to be charged with and convicted for failing to comply, there must be at least one preceding case and disposition. However, there are a variety of reasons that could account for the failure to make a successful link. Some of the reasons, provided by CCJS, include:
- the accused changed their name or used an alias;
- any change in local person identifiers used by the courts;
- prior convictions were for provincial statute offences;
- the previous court disposition was an application;
- the previous disposition was a peace bond;
- the previous conviction occurred in another province;
- the previous case was waved out of province;
- data capture errors on name or date of birth of the accused;
- the case was transferred to adult court;
- the conviction was obtained on an appeal.
There were, in total, 10,335 cases  with a conviction for failing to comply with a disposition (FTC) in 2002/3. Of these 10,335 cases, roughly 10.9% (1,124 cases) had unmatched criminal history data. For all analyses that follow, the cases with no matching criminal history data have been excluded . This results in a sample size of 9,211.
A description of the sample (Part 2A) will be provided followed by a description of the criminal history of these cases (Part 2B). Part 3 will explore factors that relate to the type of sanction given for the failure to comply conviction and Part 4 will examine what types of probation sentences appear more likely to fail. Part 5 will explore provincial variation. A summary and policy recommendations will be provided at the end.
-  Throughout this report, the unit of analysis will be a “case” which is defined as one or more charges against a youth disposed of on the same day.
-  Excluding the Northwest Territories and Nunavut.
-  The FTC cases were not necessarily the literal final case for the accused disposed of in 2002/3. For example, a subsequent case with a different charge/conviction (eg. minor assault) might have occurred. These cases were only the final cases of FTC disposed of within 2002/3.
-  The file created by CCJS was an aggregated file. They therefore created “weights” to represent the number of micro-data records that each case characterized. All data presented here have been weighted.
-  Analyses were run with and without the missing data. The missing data had no significant effect on any of the results presented in this report.
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