The Youth Criminal Justice Act (YCJA) is the federal law that governs how criminal charges are handled for young people in Canada. It’s meant to recognize that youth are different from adults in terms of development, maturity, and responsibility. The YCJA creates a separate justice system for youth that focuses on rehabilitation, reintegration, and accountability in a way that is appropriate for their age and stage of life. If your child or someone you know is facing criminal charges as a youth, it’s essential to understand how the YCJA works and how it’s different from the adult system.

Who does the YCJA apply to?

The YCJA applies to individuals between the ages of 12 and 17 at the time the alleged offence occurred. Once a person turns 18, they’re generally dealt with under the adult Criminal Code unless the offence was committed while they were still a youth. If a person is charged for something that happened when they were 17 or younger, they will typically go through youth court, even if they’re over 18 by the time the case is heard.

Purpose of the Youth Criminal Justice Act (YCJA)

The purpose of the YCJA, as outlined in section 3 of the Act, is to “prevent crime by addressing the circumstances underlying a young person’s offending behaviour,” promote rehabilitation and reintegration, and ensure that meaningful consequences are imposed that are fair and proportionate. Unlike the adult system, the YCJA emphasizes rehabilitation over punishment, giving youth the opportunity to learn from their mistakes and avoid long-term consequences like a criminal record.

Key Differences Between Youth and Adult Justice Systems

There are some key differences between the youth and adult systems.

For example, youth cases are usually heard in Youth Justice Court, which is a branch of

Provincial Court. Youth do not get preliminary inquiries, and their cases do not go to King’s Bench (KB) unless it involves the most serious charges, like first-degree murder. Even then, if the case proceeds to KB, the default is judge alone, and a jury trial only happens if the youth specifically elects it and the Crown proceeds under adult sentencing provisions.

Privacy Protections

Another significant difference is that youth enjoy greater privacy protections. Most youth matters are subject to non-publication bans under section 110 of the YCJA, which means the young person’s identity cannot be published or broadcast. This protects their ability to move forward in life without being permanently labelled or stigmatized by the justice system.

Adult Sentencing Applications

In some cases, the Crown may apply to have the youth sentenced as an adult, but this does not happen automatically. According to section 64 of the YCJA, the Crown must give notice and apply to the court if they seek an adult sentence. This typically happens in cases involving serious violent offences such as murder, attempted murder, aggravated sexual assault, or repeat offences. If the youth was 14 or older at the time of the offence, and if convicted of an offence that carries an adult sentence of more than two years, the Crown may proceed with an adult sentencing application. However, the court must still hold a hearing to decide whether it is appropriate, considering the youth’s level of maturity, the seriousness of the offence, and the potential for rehabilitation.

Supreme Court Guidance

The Supreme Court has emphasized that adult sentences for youth should only be used in exceptional cases. In R. v. D.B., 2008 SCC 25, the Court ruled that the presumption of adult sentencing for serious offences was unconstitutional and violated the Charter. This decision reinforced the principle that youth must be treated differently from adults and that the burden is on the Crown to justify why an adult sentence is necessary.

Impact of Adult Sentences

If the court orders an adult sentence, the youth will face adult penalties including longer custodial sentences and may lose many of the privacy protections that are built into the youth system. This can affect everything from time served to how records are handled, including whether the youth’s name can be published.

Consequences of Youth Charges

Being charged under the YCJA is still a serious matter, and a conviction even in youth court can carry lasting effects. However, the Act provides pathways for second chances, alternative measures, and support systems aimed at getting young people back on track.

Youth Criminal Records and Access Periods

While youth records are separate from adult records and subject to strict privacy protections, they are not immune to consequences. A youth record is not an adult criminal record and is governed by special rules under the YCJA. These records are only accessible for a limited access period, which depends on the type of offence and sentence ranging from a few months to several years after the sentence is completed. However, if a youth is convicted of a new offence as an adult during the access period for their youth record ends, the youth record may be merged with their adult record. This means it could lose its privacy protections and potentially be used in sentencing, affecting the individual long-term.

What is an Access Period?

Access Period is the length of time during which a youth’s criminal record can be legally viewed by police, courts, and other authorized parties. After this period ends, the record is typically sealed and treated as though it doesn’t exist, unless the youth is convicted of another offence before it expires.

Importance of Legal Representation

Legal representation is essential, especially in cases where the Crown is considering applying for an adult sentence. If your child is facing youth charges or if the Crown has indicated that they may seek an adult sentence to reach trusted legal support, call Linh Pham at (306) 502-5987 for a free and confidential consultation.

Legal references:

  • Youth Criminal Justice Act, SC 2002, c. 1
  • v. D.B., 2008 SCC 25 – https://canlii.ca/t/1w63p ● R. v. L.T., 2021 ONCJ 523 – https://canlii.ca/t/jj8fc
  • CanLII Commentary – YCJA Overview and Sentencing Principles: https://www.canlii.org/en/commentary/doc/2022CanLIIDocs163