Youth Criminal Justice Act: Canada’s Youth Justice System

The Youth Criminal Justice Act (YCJA) is a cornerstone of Canada’s legal system, governing how the criminal justice system handles young offenders. Established in 2003, the YCJA replaced the Young Offenders Act (YOA) with the goal of creating a fairer, more rehabilitative approach to youth crime.

The YCJA applies to individuals aged 12 to 17 who are charged with criminal offences in Canada. Unlike the adult justice system, which focuses on punishment, the YCJA prioritizes rehabilitation, reintegration, and accountability while recognizing that young people have a greater capacity for change.

This article provides a detailed look at the Youth Criminal Justice Act, its objectives, legal processes, sentencing guidelines, and how an experienced youth criminal defence lawyer can help protect the rights of young offenders.

Objectives of the Youth Criminal Justice Act

The YCJA was introduced to address inefficiencies and inconsistencies in the youth justice system under the previous Young Offenders Act. The act’s objectives are guided by principles that recognize the unique circumstances of young offenders.

1. Promoting Rehabilitation and Reintegration
Young people are still developing cognitively and emotionally. The YCJA emphasizes rehabilitation by offering support programs that help young offenders understand their actions, learn from their mistakes, and reintegrate into society without lifelong criminal consequences.

2. Ensuring Fair and Proportionate Accountability
The YCJA acknowledges that youth should be held accountable for their actions but in a way that considers their age, level of maturity, and potential for rehabilitation. This means youth are treated differently than adults in the justice system.

3. Encouraging Community-Based Sentencing
The act promotes extrajudicial measures (non-court alternatives) such as community service, restitution, and counselling. These measures reduce incarceration rates and help young offenders take responsibility for their actions without a permanent criminal record.

4. Protecting the Rights of Young Offenders
The YCJA ensures that youth receive legal representation and are fully informed of their rights. Young offenders are entitled to a fair trial, the right to remain silent, and protection from excessive punishment.

5. Reducing the Overuse of Custodial Sentences
The YCJA aims to minimize the use of jail sentences for youth, except in cases involving serious violent offences or repeat offenders. Instead, alternative measures such as probation, restorative justice programs, and community supervision are encouraged.

Key Provisions of the Youth Criminal Justice Act

The YCJA contains specific legal provisions that distinguish it from the adult criminal justice system.

1. Extrajudicial Measures and Sanctions
The YCJA strongly encourages the use of extrajudicial measures for minor offences. This includes:

• Warnings and Cautions: Police officers can issue warnings instead of laying formal charges.
• Referral to Community Programs: Youth can be directed to counselling, education, or rehabilitation programs.
• Extrajudicial Sanctions (EJS): If a warning is insufficient, formal extrajudicial sanctions may be imposed, such as community service, restitution, or mandatory rehabilitation.

These alternatives help prevent young offenders from entering the formal criminal justice system while still ensuring accountability.

2. Youth Sentencing Guidelines
Sentencing under the YCJA differs significantly from adult sentencing. Youth sentences prioritize rehabilitation over punishment and are often less severe. The most common youth sentences include:

• Absolute or Conditional Discharges: No criminal record if conditions are met.
• Probation: Supervised freedom with specific conditions.
• Community Service Orders: Mandatory service to repair harm caused by the offence.
• Intensive Support and Supervision Programs: Rehabilitation-focused programs for high-risk youth.
• Deferred Custody and Supervision: A non-custodial sentence that allows the youth to serve time in the community under strict conditions.
• Custodial Sentences (Youth Detention): Reserved for serious or repeat offences but often combined with a rehabilitation plan.

3. Publication Bans and Privacy Protections
One of the most significant protections under the YCJA is the prohibition on publishing the names or identities of young offenders. This ensures that youth offenders are not permanently stigmatized and can move forward with their lives after serving their sentence.

However, in extreme cases involving serious violent offences, the court may lift the publication ban, allowing public access to the offender’s identity.

4. Legal Representation for Young Offenders
The YCJA guarantees that all youth charged with a criminal offence have the right to legal representation. If a youth cannot afford a lawyer, legal aid services may be provided. Having an experienced youth criminal defence lawyer is essential to ensure that young offenders receive fair treatment under the law.

When Does a Youth Record Get Sealed?

A youth criminal record is not automatically erased when a person turns 18. Instead, the record is sealed after a specified access period under the YCJA:

• Summary Offences: The record remains accessible for three years after the sentence is completed.
• Indictable Offences: The record remains accessible for five years after the sentence is completed.
• Extrajudicial Sanctions: The record is sealed two years after the completion of the sanctions program.

If a youth commits another offence during the access period, the record may merge with an adult criminal record, making it permanent. This highlights the importance of securing legal representation early in the process to prevent long-term consequences.

The Role of a Youth Criminal Defence Lawyer

Navigating the youth criminal justice system requires specialized legal expertise. An experienced youth criminal defence lawyer can:

• Advocate for Alternative Measures: Lawyers can negotiate for extrajudicial sanctions, diversion programs, or community-based sentencing to avoid formal charges.
• Ensure Legal Rights Are Protected: Lawyers ensure that youth are treated fairly during interrogations, investigations, and trials.
• Challenge Evidence and Charges: A lawyer can argue for the exclusion of unlawfully obtained evidence or procedural violations.
• Help Seal Criminal Records: If a youth record is still causing issues, a lawyer can advise on options for record closure.

Why Choose De Boyrie Law for Youth Criminal Defence?

At De Boyrie Law, we understand that young people deserve a second chance. Our firm specializes in youth criminal defence, ensuring that young offenders receive fair treatment, legal protection, and rehabilitation-focused outcomes. We provide:

• Expert knowledge of the Youth Criminal Justice Act
• Strong advocacy for alternative sentencing options
• Personalized legal strategies for each case
• Confidential and compassionate legal support

We believe in defending youth rights and working toward positive resolutions that protect their future. If your child has been charged with a criminal offence, having an experienced defence lawyer can make all the difference in securing the best possible outcome.

Schedule a Free Consultation with De Boyrie Law

If you or your child is facing charges under the Youth Criminal Justice Act, contact De Boyrie Law today for a free, confidential consultation. We will review your case, explain your legal options, and provide expert legal representation to ensure the best possible outcome. Let us help protect your child’s future.