Youth Criminal Justice Act

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Backgrounder

Youth Criminal Justice Act

The Youth Criminal Justice Act (YCJA) replaces the Young Offenders Act (YOA) as the basis for Canada's youth justice system on April 1, 2003. The YCJA provides a clear legislative framework to help create a fairer and more effective youth justice system.

Key objectives of the YCJA include:

clear and coherent principles to guide decision-making in youth justice matters;
increased use of measures outside the formal court process that are often more effective in addressing less serious youth crime;
fairness in sentencing; including increased use of community-based sentences for non-violent youth crime;
a more targeted approach to the use of custody for young people (Canada sends youth to custody at higher rates than any other Western country);
an improvement in the system's ability to rehabilitate and reintegrate young offenders;
clear distinction between serious violent offences and less serious offences;
special measures for violent offenders that focus on intensive supervision and treatment.

The YCJA is a key element of the Government of Canada's Youth Justice Renewal Initiative, launched in 1998. This Initiative goes beyond the legislation and the traditional youth justice system to explore ways our society can address youth crime.

The Youth Justice Renewal Fund is administered to achieve the broad goals of the Initiative, which are to:

enable greater citizen and community participation in the youth justice system;
increase public confidence in the youth justice system;
improve public protection by reducing youth crime;
increase the use of measures outside the formal court process;
increase the emphasis on rehabilitation and reintegration of young offenders; and
target measures for violent offenders.

Provinces and territories, NGOs, and Aboriginal organizations can apply for funds from the Youth Justice Renewal Fund to support the the Initiative and the implementation of the YCJA. Funds are available for training, developing or expanding partnerships, building capacity in communities to deliver community-based options, as well as to test projects designed to achieve the goals of the Initiative.

To learn more about the Initiative and the YCJA, please visit our Web site at: www.canada.justice.gc.ca/youth

MAJOR DIFFERENCES BETWEEN THE YOUTH CRIMINAL JUSTICE ACT AND THE YOUNG OFFENDERS ACT
	Youth Criminal Justice Act	Young Offenders Act
Declaration of principle	Provides a clear statement of goal and principles underlying the Act and youth justice system. Includes specific principles to guide the use of extrajudicial measures, the imposition of a sentence and custody.	Contains some of the same themes as the YCJA. Is not supplemented by more specific principles at the various stages of the youth justice process
Measures outside the court process	Creates a presumption that measures other than court proceedings should be used for a first, non-violent offence. Encourages their use in all cases where they are sufficient to hold a young person accountable. Encourages the involvement of families, victims and community members.	Allows the use of measures other than court proceedings (alternative measures) but does not create a presumption that they should be used for minor offences.
Youth sentences	Sentencing principles: Includes specific principles, including need for proportionate sentences and importance of rehabilitation. Sentencing Options: Custody reserved for violent or repeat offences. All custody sentences to be followed with a period of supervision in the community. New options added to encourage use of non-custody sentences and support reintegration. Creation of intensive custody and supervision order for serious violent offenders.	Sentencing principles: Included in general principles; sometimes inconsistent and competing principles. Sentencing Options: No restriction on use of custody. No requirement for community supervision following custody. Does not provide for YCJA options like reprimand, intensive support and supervision or custody and supervision order for serious violent offenders.
Adult sentences	Youth justice court empowered to impose an adult sentence, eliminating transfer to adult court. Age limit for presumption of adult sentences for the most serious offences is lowered to 14 (however, provinces will have increased flexibility in regard to the age at which this presumption will apply within their jurisdiction). The most serious offences that carry a presumption of an adult sentence are extended to include pattern of serious, repeat, violent offences. The Crown can renounce the application of the presumption of adult sentence. In this case, the judge who finds the young person guilty has to impose a youth sentence.	Lengthy transfer hearing prior to trial that takes place in adult court without special procedural protections granted for youth. Age limit for the presumption of adult sentence is 16. Offences that carry a presumption of an adult sentence are murder, attempted murder, manslaughter and aggravated sexual offence only. The Crown cannot renounce the application of the presumption of an adult sentence.
Publication	Permitted if an adult sentence is imposed; or if a youth sentence is imposed for an offence that carries a presumption of adult sentence, unless the judge decides publication is inappropriate. Permitted only after the young person has been found guilty.	Permitted only if a youth is transferred to adult court to be sentenced as an adult. Permitted before the youth is found guilty.
Victims	Concerns of victims are recognized in principles of the Act. Victims have right to access youth court records and may be given access to other records. Role in formal and informal community-based measures is encouraged. Establishes right of victims to information on extrajudicial measures taken.	No mention of victims in principles. Victims may be given access to records. No recognition of victims' role in the process other than the right to produce a victim's impact statement. No right of victims to information on alternative measures taken.
Voluntary statements to police	Can be admitted into evidence, despite minor, technical irregularities in complying with the statutory protections for young persons.	Any minor violation of statutory protections prevents a statement from being admitted into evidence.
Advisory groups (conferences)	Allows advisory groups or "conferences" to advise police officer, judge or other decision-maker under the Act. They can advise on appropriate extrajudicial measures, conditions for release from pretrial detention, appropriate sentences and reintegration plans. Conferences may include parents of the young person, victim, community agencies or professionals.	No provision.
Custody and reintegration	All custody sentences comprise a portion served in custody and a portion served under supervision in the community. A plan for reintegration in the community must be prepared for each youth in custody. Reintegration leaves may be granted for up to 30 days.	No requirement that there be supervised reintegration after custody. No requirement to plan reintegration during custody. Temporary leaves may be granted for up to 15 days

Department of Justice Canada
April 2003


		Last Updated:2005-10-20		Important Notices