Youth Criminal Justice Act

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Canada's Youth Criminal Justice Act (YCJA) is a Canadian statute which came into effect on April 1, 2003.

The YCJA replaced the Young Offenders Act, adopted by Parliament in 1982, in force since 1984, and amended in 1986, 1992, and 1995. The predecessor to the YOA was the 1908 Juvenile Delinquents Act.

1 Key Points of the YCJA
2 References
3 External links

Key Points of the YCJA

Definition of Youth

The YCJA governs the application of than 18 at the time of committing the offence. (Section 2 of the YCJA) The Criminal Code of Canada, PART I, General, 13, states "No person shall be convicted of an offence in respect of an act or omission on his or her part while that person was under the age of twelve years."

Preamble

The preamble of the YCJA recognizes that youth have rights protected by the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the United Nation's Convention on the Rights of the Child.

Extrajudicial Sanctions - Alternative Measures Programs

Arrest and Detention

Youths may be arrested by the police for more serious offences. The rights expressed in the Canadian Charter of Rights and Freedoms apply to youths and adults.

Youths and adults have the right to obtain immediate legal counsel of their own choice upon arrest or detention. A youth also has the right to have his or her parent(s) or guardian(s) present during questioning. Upon arrest or detainment, these rights must be explained in clear and understandable language.

If the police have violated the above rights, the charges may be dismissed by a judge or any statements made to the police may be ruled inadmissable by the judge in court.

Detention and Bail

The Criminal Code gives youths and adults the same right to bail. However, the terms of release for youths are different from those for adults. Terms of release often include curfews and forbidden contact with victims and certain friends. Youths are usually released into the custody of parents or other responsible adults. Youths can be fingerprinted and photographed only when they have been charged with an indictable offense. If the youth is acquitted, these photos and fingerprints must be destroyed to protect the rights of the youth. Otherwise, these records are kept until the youth reaches the age of 18 and then they are destroyed.

Notice to Parents

Parents must be notified immediately or as soon as possible after their child is detained or arrested. Parents are encouraged to participate in all steps of the legal process and in some cases a judge may order the parents to attend hearings. If the parent does not appear they may be found in contempt of court.

Trial Procedures

Trials for both adults and youths follow the same rules for evidence and are equally formal.

Identity Disclosure

The YCJA allows the public and media to attend the trials of the youths and proceedings may be reported, but the identity of the youth can only be disclosed under special circumstances. The names of 14 to 17 year olds who are convicted of serious, violent crimes, such as murder or aggravated sexual assault, can be reported in the media. If the youth is considered to be dangerous, their picture can be published in the media along with their name. Their name may also be revealed if they are still "at large" (have not been arrested yet) for the benefit of the public's safety when the expectation is that they will be charged once police have tracked them down.

On January 1, 2008, the YCJA's Privacy clause was tested when several users of the Internet social networking site Facebook posted the identities of murdered Toronto teenager Stefanie Rengel and her accused killers in defiance of both the publication ban and the fact that the police had not yet received the consent of Rengel's family to release her name to the media.^[1] While police and Facebook staff attempted to comply with the privacy regulations by deleting such posts, they noted that it was difficult to effectively police the individual users who repeatedly republished the deleted information.^[2]

Sentencing as an adult

Under the Young Offenders Act youth aged over 14 could be transferred to adult court and their names published. Under the YCJA all youth aged 12-17 stay in Youth Court and their name is suppressed but if the youth is found guilty of a serious, violent crime or else is a repeat offender of such crimes, the youth court judge may sentence the youth as an adult and allow their name to be published.

Sentencing

As seen before, there are many options in sentencing youths. The judge imposing the sentence must balance the needs and concerns of the victim and the public with the needs and circumstances of the youth, and the sentence must also help the youth to take responsibility for breaking the law.

Similar to adult court, the judge would hold a sentencing hearing, where he/she would review the a pre-sentence report. This report is prepared by a probation officer or youth justice court worker and it provides a history of the youth as well as insight into the youth's character.