Introduction (YCJA)

What is the Youth Criminal Justice Act (YCJA)?

The Youth Criminal Justice Act (YCJA) is a law that was passed by the Parliament of Canada in 2002, and became effective on April 1, 2003. Parts of the Act were recently revised by another law called the Safe Streets and Communities Act. The amendments to the YCJA came into effect on October 23, 2012. The purpose of the Youth Criminal Justice 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 Parliament of Canada, such as the Criminal Code.

Last Reviewed: February 2013

Who is a “Young Person” under the Youth Criminal Justice Act?

A young person is defined in the YCJA as someone who is 12 years or older but less than 18 years old. This means that on a young person’s 12th birthday, they become subject to the Youth Criminal Justice Act. They then continue to be governed by the Act until they turn 18.

Last Reviewed: February 2013

Why is there a special law to deal with young persons between the ages of 12 and 17?

For over 100 years, Canada has had a separate criminal justice system for young persons. The Youth Criminal Justice Act starts from the idea that young people should be held accountable for their actions, but they are still youth 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.

Last Reviewed: February 2013

Why doesn’t the YCJA apply to children under the age of 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. It would be unfair to allow the full weight of the justice system to fall on them.

Last Reviewed: February 2013

How was the upper age limit of 18 years decided upon?

Many cultures around the world agree that an adult is a person who has passed his or her eighteenth birthday. In Canada, our laws stipulate that after the age of 18 (and in some provinces, 19) individuals have the right to vote, enter into contracts and make valid wills, among other things. They are considered to be fully responsible for their actions, and must face the full legal consequences of those actions.

Last Reviewed: February 2013

How does the Youth Criminal Justice Act deal with young persons in conflict with the law?

The YCJA begins by setting out a number of basic principles, the first one being that the youth criminal justice system in Canada is intended to protect the public by holding young people accountable through measures that are proportionate to the seriousness of their offence and their degree of responsibility, by promoting their rehabilitation and reintegration into the community, and by supporting the prevention of crime. Other key principles state that the criminal justice system for young people must:

• be separate from that for adults;
• reinforce respect for societal values;
• encourage the repair of harm done to victims and the community;
• provide fair and proportionate accountability that reflects the reduced level of maturity of young persons;
• provide intervention in a timely fashion that reinforces the link between the offending behaviour and its consequences; and
• provide enhanced procedural safeguards to ensure that young persons are treated fairly.

The Act also talks about how the measures taken against a young person should be meaningful for the young person given his or her needs and the level of development. Where appropriate, parents, extended family, the community and social or other agencies may be involved in the young person’s rehabilitation. Gender, ethnic, cultural, and linguistic differences must also be respected. This includes aboriginal young persons and young persons with special requirements.

Last Reviewed: February 2013

What special considerations does the YCJA provide when dealing with proceedings under the Act?

The YCJA states that special considerations apply with respect to proceedings involving young persons, and it also sets out some directions with regard to the involvement of parents and victims. In particular:

• young persons have rights and freedoms of their own, including the right to be heard and to participate in the processes (other than the decision to prosecute) that will ultimately affect them;

• 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 youth criminal justice system;

• victims should be provided with information about the proceedings and given an opportunity to participate and be heard; and

• parents should be informed of measures or proceedings involving their children and encouraged to support them in addressing their offending behaviour.

Last Reviewed: February 2013

Have there been any major amendments to the Youth Criminal Justice Act?

Yes, the Safe Streets and Communities Act (S.C.2012 c.1) made several amendments to the YCJA, effective on October 23, 2012. These amendments focus on protecting society as a key goal of the youth justice system and provide options to deal with violent and repeat young offenders, including detaining young people who re-offend or who pose a risk to society.

Last Reviewed: February 2013

What can a young person be charged with under the YCJA?

The Youth Criminal Justice Act tells the justice system what rules to follow when handling young offenders; for the most part, 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. Other laws passed by Parliament may also create offences for which a youth may face charges. The Youth Criminal Justice Act, however, does define three specific categories of offences. These are serious offences, violent offences, and serious violent offences.

Last Reviewed: February 2013

What are serious offences?

Serious offences are defined as an indictable offence under an Act of Parliament for which the maximum punishment is five years or more.

Last Reviewed: February 2013

What are violent offences?

Violent offences are defined as:

• an offence committed by a young person that includes as an element the causing of bodily harm;
• an attempt or threat to commit such an offence; or
• an offence in the commission of which a young person endangers the life or safety of another person by creating a substantial likelihood of causing bodily harm.

Last Reviewed: February 2013

What are serious violent offences?

Serious violent offences are the Criminal Code offences of:

• first degree murder or second-degree murder;
• attempt to commit murder;
• manslaughter; or
• aggravated sexual assault.

Note that each of these categories can have implications for the young offender under the Act. For example, if a young person is found guilty of a violent offence, that may have an effect on the sentence he or she receives.

Last Reviewed: February 2013

Where can I find more information about the YCJA?

You can go to links listed below to the YCJA and more useful information.

Last Reviewed: February 2013