In addition to the Criminal Code, the Youth Criminal Justice Act (“YCJA”) is a comprehensive piece of legislation that governs how young persons are treated within the criminal justice system. The YCJA applies to all youths aged 12-17 who are charged with a criminal offence and sets out several overarching principles, purposes and limitations on young people in the criminal justice system such as capping maximum sentences, limiting the availability of jail to only very specific circumstances and disclosure of youth records. The age limit in the act includes situations where a person is alleged to have committed a criminal offence while they were a youth but are now being prosecuted for the historical offence as an adult.
In general, the YCJA is a formal acknowledgment that young persons are developmentally different from adults and the legislation is based on the principle of diminished moral culpability or blameworthiness of youths. As a result, the YCJA aims to hold young people accountable through measures that are propionate to the seriousness of the offence and the degree of responsibility of the young person; protect the public by promoting rehabilitation and reintegration and prevent crime by referring young persons to community agencies to address the underlying circumstances of their offending behaviour.
Because of the structure of the YCJA, the minimum and maximum sentencing options available for adults charged with Criminal Code offences do not apply to young persons, except in only a very limited number of circumstances. Specifically, in order for the Prosecutor to successfully seek an adult sentence for a young person, the court must be satisfied of the following:
- The young person committed an offence for which an adult would be liable to imprisonment for a term of more than two years,
- The young person committed the offence after he or she attained the age of 14 years,
- The court is satisfied that the presumption of diminished moral blameworthiness or culpability of the young person is rebutted; and
- A youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not be of sufficient length to hold the young person accountable for his or her offending behaviour.
Consequences of Being Found Guilty as a Youth Offender
Although at first blush, a young person charged with a criminal offence may not seem like a serious matter, there can be serious life-long consequences because of a youth conviction. These can include things like the inability to secure employment; the ability of certain youth records or convictions to be retained by police and the availability of jail as an available option in certain circumstances. It is important you choose the right team of Criminal Lawyers to help you navigate the youth criminal justice system. If you or a young person you know is facing a criminal charge, we encourage you to contact us as soon as possible. We offer a free consultation to discuss your situation and explore available options.
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