Backgrounder

Youth Criminal Justice Act

The proposed Youth Criminal Justice Act, which will replace the Young Offenders Act, is a key part of the Government of Canada's Youth Justice Renewal Initiative. The Act will incorporate the Initiative's new approach to youth justice and will form the backbone of a major restructuring of the youth justice system that has been underway since 1998.

Key Elements of the Proposed Law

Preamble and Declaration of Principle:

The preamble of the proposed Youth Criminal Justice Act underlines the values, rights and responsibilities of both society and young people in relation to youth crime. The principles declare that the most important objectives of the youth criminal justice system are to:

• prevent crime;
• rehabilitate and reintegrate offenders into society; and
• ensure meaningful consequences for offences committed by young people.

The principles recognize that these elements, pursued together, are the best way to protect the public and promote safer communities over the long term.

Sentencing:

The new legislation states that the purpose of youth sentences is to hold young people accountable through interventions that are just, ensure meaningful consequences and promote rehabilitation and reintegration. Provisions in the legislation will:

• encourage community-based sentences, where appropriate, such as compensation for victims, community service, and supervision in the community;
• allow courts to impose adult sentences upon conviction when certain criteria are met;
• presume that adult sentences will be given to young people 14 and older who are found guilty of murder, attempted murder, manslaughter, aggravated sexual assault or who are repeat, serious, violent offenders. However, provinces will have increased flexibility in regard to the age at which this presumption will apply within their jurisdiction; and
• create a new intensive rehabilitative custody and supervision sentence for the most violent, high-risk youth so that they get the treatment they need.

Custody and Reintegration:

An important principle in the Youth Criminal Justice Act is that while young people must be held accountable for their crimes, they are also more likely than adult offenders to be rehabilitated and become law-abiding citizens. The new law would:

• require, in general, that youth be held separately from adults to reduce the risk that they will be exposed to adult criminals;
• require all periods of custody to be followed by a period of supervision and support in the community. This would allow authorities to closely monitor and control the young person and to ensure that he or she receives the necessary treatment and programs to return safely and successfully to the community;
• require conditions to be imposed on periods of supervision; and
• give provinces more flexibility in determining the level of security when a youth is placed in custody as well as more flexibility in moving youth who reach adult age while still in custody into adult facilities.

Publication and Records:

The Youth Criminal Justice Act balances public desire for transparency in the justice system with the need to protect young people whose rehabilitation could be hampered by the negative effect of publicity. The new legislation would allow publication of names:

• when a youth receives an adult sentence;
• in some cases, when a youth receives a youth sentence for murder, attempted murder, manslaughter, aggravated sexual assault, or has a pattern of convictions for serious violent offences; or
• under court order when a youth is at large and a danger to others and publication is necessary to protect society.

To find out more about the Youth Criminal Justice Act or how you can get involved, please visit our web site at http://canada.justice.gc.ca/en/ps/yj/index.html.

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Department of Justice Canada
February, 2001