Youth and the Law/Introduction
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What is the Youth Criminal Justice Act (YCJA)?
The Youth Criminal Justice Act is a law passed by the Parliament of Canada in 2002, which became effective April 1, 2003. The purpose of the Act is to set out the principles, rules, and procedures for young persons who come into conflict with the law. It applies to laws about criminal conduct passed by the Government of Canada, such as the Criminal Code.
Who is a young person according to the Act?
A young person is someone who is 12 years or older but less than 18 years old. The Act does not apply to children who have not yet had their twelfth birthday and it does not apply once a person has had their eighteenth birthday.
Why is there a special Act to deal with young persons between ages 12 and 17?
The Youth Criminal Justice Act starts from the idea that young people should be held responsible for their actions, but that they are still children who make mistakes and should be given the opportunity to mature, learn from their mistakes, accept the consequences of their actions, and make amends. Thus, they should be treated differently from adults who are expected to understand and be fully accountable for their actions.
Why doesn't the Act apply to children under 12?
Most experts in child behaviour agree that before the age of 12, children are too young to fully understand all of the implications and results of their behaviour. Even though they may seem "street smart" and tough, they cannot understand the complexities of the Canadian justice system. It would be unfair to allow the full weight of the justice system to fall on them.
How was the upper limit of 18 years in the Act decided?
Most cultures around the world agree that an adult is a person who has passed his or her eighteenth birthday. In Canada, our laws state that after that age, individuals have the right to vote, enter into contracts, and make valid wills, among other things. After the age of 18, a Canadian citizen is considered to be fully responsible for his or her actions, and must face the full, legal consequences of those actions.
How does the Act deal with young persons in conflict with the law?
The Act begins by setting out its basic principles of crime prevention, rehabilitation of the young person, and the determination of meaningful consequences for criminal actions. It states that the criminal justice system for young people must
- be separate from that for adults;
- emphasize rehabilitation and reintegration;
- provide fair and proportionate accountability that reflects the reduced level of maturity of young persons;
- provide intervention in a timely fashion; and
- provide enhanced procedural safeguards to ensure that young persons are treated fairly.
Parents, extended families, the community, and social or other agencies may also have a chance to be involved in the young person's case. A young person's gender; ethnic, cultural, and linguistic background; special needs; and aboriginal heritage may be taken into consideration.
What special considerations does the Act provide in dealing with young persons?
The Act states that "Special considerations apply in respect of proceedings against young persons and, in particular,
(i) young persons have rights and freedoms in their own right, such as a right to be heard in the course of and to participate in the processes, other than the decision to prosecute, that lead to decisions that affect them, and young persons have special guarantees of their rights and freedoms,
(ii) victims should be treated with courtesy, compassion and respect for their dignity and privacy and should suffer the minimum degree of inconvenience as a result of their involvement with the young criminal justice system,
(iii) victims should be provided with information about the proceedings and given an opportunity to participate and be heard, and
(iv) parents should be informed of measures or proceedings involving their children and encouraged to support them in addressing their offending behaviour."
As well, the Act says that it should be liberally interpreted to ensure that young persons are dealt with in accordance with its core principles.
Where can I find more information about the Youth Criminal Justice Act?
You should begin by looking at the Act itself. The Act can be found in any public library. Look for a copy of the Canadian Criminal Code. Most copies will include related laws such as the Youth Criminal Justice Act.
You can also access the Act online. Go to the Youth Justice section on the Department of Justice Canada website. You can also find more information about youth justice on the Access to Justice Network (select "Youth justice" in the keyword box).
Is the Young Offenders Act (YOA) still in effect?
No. Starting April 1, 2003, the Young Offenders Act was replaced by a new Act called the Youth Criminal Justice Act (YCJA).
What is the difference between the old YOA and the newer YCJA?
The biggest difference between the old Act and the newer one has to do with sentencing. In the old Act, there were certain situations where a young person could be transferred to adult court and treated as an adult. The newer Act no longer permits transfers to adult court, but it does allow a young person to be given an adult sentence under certain circumstances.
Who falls under the YCJA?
All young people between the ages of 12 and 17. This means that on a young person's twelfth birthday they become subject to the YCJA. They continue to be governed by the YCJA until the day they turn 18.
What can a young person be charged with under the YCJA?
The YCJA tells the courts what rules to follow when handling young offenders; it does not list the crimes they can be charged with. The Criminal Code lists criminal offences ranging from murder to breaching a court order. Provincial and municipal legislation creates other offences such as speeding, or riding city transit without a ticket.
There are three types of offences: indictable, summary conviction, and hybrid.
What are indictable, summary conviction, and hybrid offences?
These terms relate to the seriousness of an offence and therefore the severity of the sentence. Indictable offences are the most serious crimes ranging from theft over $5,000 to first-degree murder and carry the most severe sentences. Summary conviction offences are less serious and include such things as causing a disturbance in public. They carry less severe sentences. The Crown Prosecutor is allowed to choose to proceed with either an indictment or with a summary conviction if it is a hybrid, or mixed, offence.
The YCJA also introduces two new categories of offences. These are presumptive offences and serious violent offences.
What are presumptive offences and serious violent offences?
The YCJA identifies the following four presumptive offences:
- first and second-degree murder,
- manslaughter,
- attempted murder, and
- aggravated sexual assault.
A presumptive offence may mean that the young person, over the age of 14, will receive an adult sentence if found guilty.
The YCJA also creates a "serious violent offence" where a young person causes or attempts to cause serious bodily harm. A serious violent offence may become a presumptive offence if the young person has committed two prior serious violent offences.
See Also
| Other FAQs in this section | ||||
|---|---|---|---|---|
| Age Related | Introduction | Arrest and Police | Extrajudicial Measures and Sanctions | Youth Court |
This page was last updated in January, 2004.
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