QUICK TAKEAWAY
Youth Criminal Justice Act (YCJA) governs the youth justice system in Canada and applies to those between 12 and 18 years old. This act came into effect in 2012, replacing the Young Offenders Act (YOA). It is the third statute dealing with youth in the justice system that began with the Juvenile Delinquents Act (JDA). Prior to the YCJA, “Canada had one of the highest youth incarceration rates in the Western world,” according to the Department of Justice (DoJ). The new legislation mandates that jail terms should be reserved for the most serious cases. The maximum length of youth sentences ranges from two to 10 years, depending on the offence committed and the type of sentence imposed. However, if tried as an adult, a youth can be jailed for life for crimes such as murder.
Table of Contents:
History of the Youth Criminal Justice System
The Juvenile Delinquents Act was enacted in 1908 and remained in law until 1984. Over time it became outdated with concerns that a youth could be charged with the general offenceA criminal activity of juvenile delinquency rather than a specific crime. It was also possible to be convicted of a relatively minor crime that led to a federal criminal record.
The Young Offenders Act was granted Royal Assent in 1982 and proclaimed in force on April 2, 1984. While the range of conduct an offender could be prosecuted for under the JDA was broad, the YOA was considered more precise and applied only to offences created by federal statute. The act was often criticized for its unfair and inconsistent sentences and an over-reliance on the court system. There were also concerns that YOA failed to give due recognition to victims.
When the YCJA went into force, the government said it “introduced significant reforms to address concerns about how the youth justice system had evolved under the YOA”. According to the DoJ, the new act provides the legislative framework for a fairer and more effective youth justice system.
Purpose of the Youth Criminal Justice Act
The Youth Criminal Justice Act was introduced on April 1, 2003, replacing the YOA, which had been in effect for 19 years. According to the DoJ, the underlying principle of the YCJA is “to protect the public by holding youth accountable, promoting the rehabilitation and reintegration of youth back into society, and preventing crime.”
The latest legislation dealing with youthful offenders introduced “significant reforms to address concerns about how the youth justice system had evolved” under the previous statute.
Those concerns included:
- the overuse of the courts and incarceration in less serious cases;
- disparity and unfairness in sentencing
- a lack of effective reintegration of young people released from custody; and
- the need to better take into account the interests of victims.
The Department of Justice states the “youth criminal justice system must be separate from the adult system and based on the principle that youth are presumed to be less morally blameworthy than adults.”
The YCJA was enacted, so special procedures are in place, young people are treated fairly in the justice system, and their rights are protected. The act also “emphasizes the importance of timely intervention to reinforce the link between the offence and its consequences,” according to the DoJ.
The DoJ states the new act was based upon principles that recognize communities and families should work together with others to prevent youth crime by addressing its underlying causes.
According to the DoJ, youth have special guarantees of their rights and freedoms.
The YCJA aims to consider the interests of victims while ensuring “accountability through meaningful consequences, rehabilitation and reintegration. At the same time, the DoJ states the justice system should reserve its harshest measures for the most serious crime and reduce the over-reliance on incarceration.
Penalties for YCJA Offenders
Canada had one of the highest youth incarceration rates in the Western world; prior to the YCJA, custody was often imposed in less serious cases. The DoJ states intrusive sentences were often handed down.
Government research shows that most youth crimes involve non-violent offences such as shoplifting, possession of stolen property, breach of probation, or minor assaults that do not involve bodily harm.
According to the DoJ, extrajudicial measuresProceedings outside the formal court process outside the formal court process, such as holding the offender accountable, can provide an effective response to youth crime.
If a young person12 years old or older, but less than 18's case is not resolved through extrajudicial measures, it will be dealt with in youth court.
Many different sentencing options are available to Youth Court judgeAn judge who conducts youth court proceedingss under the YCJA. They include community service, often under strict conditions, and jail time in a youth custody facility. The maximum length of youth sentences ranges from two to 10 years. Jail terms are intended primarily for violent offenders and serious repeat offenders.
In determining a youth sentence, the court takes the following into account:
- the degree of participation by the young person in the commission of the offence;
- the harm done to victims and whether it was intentional or reasonably foreseeable;
- any reparation made by the young person to the victim or the community;
- the time spent in detention by the young person as a result of the offence;
- the previous findings of guilt of the young person; and
- any other aggravating and mitigating circumstances related to the young person or the offence that are relevant to the purpose and principles set out in this section.
Judges are also permitted to impose an adult sentence for serious offences where the offender was 14 years of age or older when the crime was committed. Crown prosecutorLawyers who prosecutes charges on behalf of the Crowns "are obligated to consider seeking an adult sentence when a youth is found guilty of murder, attempted murder, manslaughter or aggravated sexual assault," the DoJ states. However, the act allows provinces to raise the age at which this obligation applies to 15 or 16.
If an adult sentence is imposed, Criminal Code penalties for adult offenders are imposed. This can include sentences of up to life in prison. Those sentenced as adults remain incarcerated in a youth facility until they are 18 and then transferred to an adult prison.
November 17, 2022
Update: Bill C-5: Mandatory Minimum Penalties Repealed.
LondonLawyersNear Me
Thomson Mahoney Delorey Llp
Dominion Criminal Defence.
Conron Law Professional Corporation
Carl Busque Criminal Law
Christopher Uwagboe, Barrister & Solicitor, Professional Corporation
Amit Singh Law Professional Corporation
Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Extrajudicial measures
Proceedings outside the formal court process. Examples include police warnings, referrals to community programs and Crown cautions. Extrajudicial measures are seen as an effective response to less serious youth crime.
Offence
An offence is a crime that breaks a particular law and requires a particular punishment, as dictated by the Criminal Code or other acts.
Young person
Those 12 years old or older, but less than 18.
Youth Court judge
An appointed member of the judiciary who conducts youth court proceedings according to the rules set down by the Youth Criminal Justice Act.
