Overview of the Youth Criminal Justice Act

Canada’s criminal justice system for youth is separate from adults. The Youth Criminal Justice Act (YCJA) is the federal law for Canada’s youth criminal justice system that applies to youth aged 12 to 17.

Background

Most criminal offences in Canada are in the Criminal Code and apply to both youth and adults. However, youth are treated differently than adults when they come in contact with the criminal justice system.

Canada has had three youth criminal justice laws over the years:

• the Juvenile Delinquents Act (1908-1984)
• the Young Offenders Act (1984-2003)
• the Youth Criminal Justice Act (2003-present)

In 2003, the YCJA replaced the Young Offenders Act to better address concerns about the youth criminal justice system, such as the high rates of custody for youth. The YCJA provides the legislative framework for a fairer and more effective youth criminal justice system.

Learn more about the evolution of Canada’s youth criminal justice system here: Evolution of Canada’s  Youth Criminal Justice System - State of the  Criminal Justice System Dashboard

YCJA preamble and principles

The YCJA includes a preamble that outlines its purpose and guides its implementation and interpretation. It includes these values, rights and responsibilities of society and youth in youth criminal justice:

• society is responsible for addressing the developmental challenges and needs of youth
• families and communities should take steps, in partnership with others, to prevent youth crime by addressing its underlying causes
• accurate information about youth crime and the youth criminal justice system should be publicly available
• youth have special rights and freedoms, including those in the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the United Nations Convention on the Rights of the Child
• the youth criminal justice system should account for the interests of victims and ensure accountability through meaningful consequences, rehabilitation, and reintegration
• custodial sentences and the most serious interventions should be reserved for the most serious offences

The “Declaration of Principle” guides the application of the YCJA. It states that the youth criminal justice system works to protect the public by holding youth accountable, promote the rehabilitation and reintegration of youth back into their communities and prevent crime. It emphasizes that the youth criminal justice system must be separate from the adult system because youth are more vulnerable and have a reduced level of maturity.

According to the Declaration of Principle, the youth criminal justice system should:

• reinforce respect for societal values
• encourage the repair of harm done to victims and communities
• be meaningful to youth given their needs and development
• involve the youth’s family, community and support agencies in their rehabilitation and reintegration
• respect gender, ethnic, cultural and linguistic differences
• address the needs of Indigenous youth and youth with special requirements

The Declaration of Principle states that the youth criminal justice system must ensure that youth are treated fairly and that their rights and freedoms are protected. It recognizes that victims of youth crime must be treated with courtesy, compassion, and respect. Victims should be given information and the opportunity to participate and be heard in youth criminal justice processes. It also highlights that parents should be informed and encouraged to participate in addressing the youth’s offending behaviour.

Key aspects of the YCJA

Extrajudicial measures

“Extrajudicial measures” are options outside of the formal court process that allow for effective and timely responses to youth offending behaviour. The YCJA encourages the use of extrajudicial measures by police officers and Crown prosecutors in all cases where they would be appropriate and effective to address youth crime. Examples of extrajudicial measures include taking no further action, warnings, cautions, and referrals to a community program or agency. They can also include an “extrajudicial sanction”, which has more formal rules and may be used when other extrajudicial measures are not adequate.

Extrajudicial measures are considered adequate responses for first-time and non-violent offending behaviour. The measures encourage youth to repair the harm done to the victim and the community.

Learn more about extrajudicial measures here: Extrajudicial Measures

Youth justice court

A youth justice court will deal with a youth’s case if it is not resolved through extrajudicial measures. A youth justice court is established by each province or territory to have jurisdiction over cases involving youth. Superior courts may be designated as a youth justice court in certain circumstances, such as when a youth is charged with a serious offence like murder.

Bail for youth

Under the YCJA, youth have the right to be presumed innocent until proven guilty and to reasonable bail unless there is “just cause”. These rights are set out in the Canadian Charter of Rights and Freedoms. Bail is when a person charged with a criminal offence is released from custody, while waiting for their trial or for their case to be resolved. Not all youth receive bail.

Youth may be released by police or after a bail hearing in court. However, a court may keep a youth detained while they wait for their trial or for their case to be resolved.

The YCJA has specific rules about the detention and release of youth. For example, a youth might be placed in the care of a “responsible person” instead of being detained in custody. The YCJA also sets out the criteria and specific grounds for when a Crown prosecutor can seek the detention of a youth. A court order to detain a youth may only be justified in certain situations.

Learn more about bail for youth here: Bail for Youth

Sentencing, custody and supervision

When a youth pleads guilty or is found guilty of a criminal offence, the youth justice court must determine an appropriate sentence. The rules for sentencing youth are different from those for adults.

Youth sentences aim to hold youth accountable for their offending behaviour. They impose fair penalties that have meaningful consequences and promote rehabilitation and reintegration into society. These sentences also work to keep the public safe. The YCJA’s sentencing principles guide courts to impose sentences that are proportionate to the seriousness of the offence and the degree of responsibility of the youth and reflect the level of maturity of the youth and the circumstances involving the offence committed.

The YCJA allows for sentences that are community-based and custody and supervision orders. The length of a sentence depends on the seriousness of the offence and the type of sentence imposed.

The youth custody and supervision system contributes to public safety through court-imposed sentences that are safe, fair and humane for youth. The YCJA promotes youth rights and using the least restrictive measures for youth who are in custody.

Learn more about sentencing, custody and supervision of youth here: Youth Sentencing, Custody and Supervision

Publication bans

Under the YCJA, there are mandatory and automatic publication bans to protect youth who come in contact with the criminal justice system. Though youth court proceedings are generally open to the public, there are publication rules that protect the privacy of youth who are accused or found guilty of a criminal offence by keeping their identity and other personal information confidential.

These publication bans also protect information that could identify young victims or witnesses of alleged offences or offences involving youth. The restrictions recognize the harmful effects that publishing information can have on youth.

Learn more about publication bans for youth and exceptions to them here: Publication Bans

Youth records

Youth records are kept for youth who have been dealt with under the YCJA. There are restrictions on the access and disclosure of information in youth records, which support the YCJA’s goals to protect the privacy of youth.

The YCJA allows police, courts, government departments and agencies, as well as certain persons and organizations, to keep youth records. The YCJA restricts who can access youth records. The youth themselves, Crown prosecutors, police officers, and victims of the offence are some of the persons who can have access to a youth record. There are limits on how long a record is accessible and rules on disclosing a record.

Learn more about youth records here: Youth Records

Conferences and committees

Youth justice conferences and committees encourage the involvement of families, victims and communities in the youth criminal justice system.

A youth justice conference brings together people involved in a youth’s case (such as the youth and their family, community agencies, and experts relevant to the case) to advise and make recommendations about a young person being dealt with under the YCJA.

Youth justice committees are made up of community members who support the youth justice system in various ways, such as the delivery of programs and services for youth. Their involvement provides a broader community response to address youth needs and community concerns.

Learn more about youth justice conferences and committees here: Youth Justice Conferences and Committees

Victims of youth crime

Victims have an important role in Canada’s criminal justice system, including under the YCJA and the Canadian Victims Bill of Rights (CVBR). Under the CVBR, victims have the right to information, protection, participation, seek restitution and make a complaint. Learn more about the rights of victims here: Victims’ Rights in Canada.

The YCJA’s principles should guide the actions of all youth criminal justice system actors that a victim encounters. Victims should be given information about proceedings and have an opportunity to participate and be heard. They should be treated with courtesy and compassion and have their dignity and privacy respected.

Youth are also encouraged to repair the harm they did to victims and the community.

Learn more about the YCJA and the role of victims here: Young offenders - Canadian Victims Bill of Rights.