Introduction (YCJA)

What is the Youth Criminal Justice Act (YCJA)?

The Youth Criminal Justice Act is a law that applies to youth aged 12 to 17 who commit a crime in Canada. (A crime is sometimes called an offence.) The YCJA looks at your age when the crime was committed.

The YCJA sets out the youth justice system, which is different from the process for adults who have committed a crime. Canada’s youth criminal justice system operates according to several guiding principles, including:

• protecting the public by holding young people accountable for their actions while also recognizing they are children – dependent on others and not yet mature
• promoting the rehabilitation and reintegration of young persons back into society
• encouraging repairing the harm done to those impacted by the offence, including the surrounding community

Last Reviewed: January 2020

Who can be charged with a crime? What is a “young person”?

You can be charged with a crime if you are 12 years of age or older. A young person is someone who is 12 years or older but less than 18 years old. The YCJA applies to young persons.

Children under 12 cannot be charged with a crime. Most experts in child behavior agree that before the age of 12, children are too young to fully understand all the consequences of their behavior. It would be unfair to allow the full weight of the justice system to fall on them.

If you commit a crime when you are 12 to 17 years of age, you can be charged as a youth. If you commit a crime when you are 18 year or older, you will be charged as an adult.

Last Reviewed: January 2020

Why is there a special law to deal with young persons?

For over 100 years, Canada has had a separate criminal justice system for young persons. The Youth Criminal Justice Act acknowledges that young persons should be held accountable for their actions. It also recognizes young persons 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. Adults are expected to understand be fully accountable for their actions. Therefore, young persons should be treated differently from adults.

Last Reviewed: January 2020

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: January 2020

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: January 2020

What are “serious violent offences”?

The following offences in the Criminal Code are serious violent offences:

• first degree murder, second degree murder, manslaughter
• attempted murder
• aggravated sexual assault

Last Reviewed: January 2020

Why are the different types of offences important?

If you are charged with a serious offence, violent offence or serious violent offence, this can impact:

• whether you are held in custody between being charged and your court hearing;
• whether a medical or psychological assessment of you is required for the court;
• what your sentence will be;
• whether you will be sentenced as an adult;
• how long your record is available afterwards.

Last Reviewed: January 2020

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: January 2020