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.
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 Over time it became outdated with concerns that a youth could be charged with the general A criminal activity of juvenile delinquency rather than a specific crime.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 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, possession of stolen property, breach of probation, or minor assaults that do not involve bodily harm.
According to the DoJ, Proceedings 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 12 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 An judge who conducts youth court proceedings s 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.
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. Lawyers who prosecutes charges on behalf of the Crown 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.