Youth Criminal Justice Act

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 Over time it became outdated with concerns that a youth could be charged with the general offenceA criminal activity of juvenile delinquency rather than a specific crime.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.

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.

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, possessionHaving knowledge and control of something — not only physically holding it, but also an item kept somewhere else that you know about and control. of stolen property, breach of probation, or minor assaults that do not involve bodily harm.

According to the DoJ, extrajudicial measuresYouth justice responses outside formal court proceedings. outside the formal court process, such as holding the offender accountable, can provide an effective response to youth crime.

If a young personA person dealt with under the youth criminal justice system.'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 prosecutorA lawyer who conducts a criminal prosecution on behalf of the public.s "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.

A child under 12 cannot be convicted of a criminal offence for an act or omission committed while under 12.

The Youth Criminal Justice Act applies to young people aged 12 to 17. For a child under 12, criminal prosecution is not used against that child. Concerns about a young child's behaviour are usually dealt with by the provincial child-welfare system, by schools, and by families.

The Youth Criminal Justice Act (YCJA) is the federal law that applies when a young person — someone aged 12 to 17 at the time of the offence — is dealt with for a criminal offence. A child under 12 cannot be charged with a criminal offence.

The YCJA treats young people differently from adults. It emphasises rehabilitation and reintegration, recognises that young people are generally less morally blameworthy than adults, and protects a young person's privacy.

Extrajudicial measures

Many youth matters, especially less serious first-time matters, may be handled without a formal court sentence. That does not mean the conduct is minor or consequence-free. The process depends on the offence, the young person’s history, the evidence, the victim’s circumstances, and the decisions of police, Crown, and the youth justice court.

Youth court and sentencing

If a matter does go to youth justice court and the young person is found guilty, the court sentences under the YCJA — not the adult Criminal Code penalty sections. A young person may be charged with a Criminal Code offence, but sentencing is governed by the Youth Criminal Justice Act. The adult Criminal Code maximum is not the young person’s ordinary sentencing exposure.

The YCJA sets out a range of youth sentences and its own caps. In rare cases the Crown can apply for an adult sentence, but that is never automatic and the court must apply a legal test first.

See How Youth Sentencing Works in Canada for the full explanation.

Privacy and youth records

The YCJA restricts publishing information that identifies a young person, and youth records are kept separately with their own access and retention rules.

Youth law pages

• Homicide (Youth)
• Serious Assault (Youth)
• Simple Assault (Youth)
• Theft (Youth)
• Shoplifting (Youth)
• Vandalism (Youth)
• Weapons Laws (Youth)
• Impaired Driving (Youth)
• How Youth Sentencing Works in Canada
• Alcohol and Minors
• Truancy
• Parental Responsibility