Purser Law Blog

What is the Youth Criminal Justice Act (YCJA)?

The Youth Criminal Justice Act, or the YCJA, is the legislation that governs the youth criminal justice system in Canada. The YCJA applies to young persons over the age of 12 and under the age of 18 who are facing criminal charges. This includes individuals who are now over the age of 18 but were underage when they were alleged to have committed a criminal offence. The YCJA is distinct from the Criminal Code, and its processes and goals are different as well.

 

The YCJA recognizes that all members of society share the responsibility of guiding young persons into adulthood, which includes addressing the underlying issues that lead young persons to commit criminal offences. The goals of the YCJA are to provide guidance and support to young people who are at risk of committing crimes, as opposed to simply punishing them for their conduct. The YCJA accomplishes this by: (a) holding the young person accountable through measures which are proportionate to the degree of responsibility of the young person, recognizing that they are different than adults; (b) promoting the rehabilitation and reintegration of young persons who have committed criminal offences; and (c) supporting the prevention of crime by referring young people to programs within the community to address the root causes of their offending.

 

What rights do I have under the YCJA?

Young persons have enhanced procedural protections under the YCJA to ensure that they are being treated fairly under the law and that their rights are being respected. For example, unlike adults, young persons charged under the YCJA cannot provide a statement to police without: (a) a parent or guardian being present; or (b) a lawyer being present, unless that right is specifically waived by the young person. Young persons also have enhanced privacy protections under the YCJA, including that their identity will not be published with respect to their criminal matters.

 

What are the available penalties under the YCJA?

There are a variety of penalties under the YCJA which do not result in a criminal record; these are called “extra judicial measures.” For example, the police or the Crown prosecutor can issue an official caution to a young person charged with a criminal offence. When a caution is administered by the police, the young person is released without charges. When a caution is administered by the Crown, it is by way of a “caution letter.” This letter is delivered to the young person and their guardian. It notifies the parties that the Crown is aware that the offence was committed by the young person, and that it’s a provable offence. The letter cautions the young person not to commit further offences. Once this letter is delivered to both the young person and their guardian, the charge is withdrawn.

 

A young person charged with a criminal offence can also sometimes participate in a program called “Extra-judicial sanctions.” Extra-judicial sanctions are available where the young person has committed a non-violent offence and has not been previously found guilty of an offence under the YCJA. Extra-judicial sanctions require the young person to take responsibility for the offence and participate in some kind of programming. This can include writing an apology letter, completing community service, completing counselling, or another kind of task which is suited to the young person’s personal circumstances. Once these tasks are completed, the young person’s criminal charges are withdrawn, and they receive no criminal record.

 

Young persons experiencing mental health issues can be referred to the “Mental Health Diversion” program. Mental Health Diversion is available to young persons who have a diagnosed or suspected mental health issue or cognitive impairment which is related to their criminal offending. Mental Health Diversion is focused on helping the young person access counselling and treatment, as opposed to punishing them for their behaviour. Mental Health Diversion is available even if the young person has a criminal record, and completion of Mental Health Diversion will not result in a further record.

 

Even where sentences imposed on a young person result in a criminal record, incarceration is to be reserved for only the most serious of offences. Under the YCJA, young people will only be sentenced to time in custody when they have: (1) committed a violent offence; (2) the young person has been previously found guilty of failing to comply with a sentence more than once, and if the Court is imposing a sentence under subsections 142(2) to (5) of the Criminal Code or section 137 of the YCJA, the young person caused harm or a public safety risk in committing that offence; (3) the young person has committed an indictable offence for which an adult would be sentenced to a custodial term of over 2 years; or (4) in some other exceptional circumstance where the young person has committed an indictable offence and the circumstances of the offence mean that imposing a non-custodial sentence would be inappropriate.

 

Have you or your child been charged under the YCJA?

The lawyers at Purser Law are all passionate about defending young persons charged with criminal offences. If you or your child have been charged under the YCJA, call Purser Law at 780–851-7435 for a free, 30-minute consultation.

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