YCJA

YOUTH CRIMINAL JUSTICE ACT

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(FORMALLY KNOWN AS THE YOUNG OFFENDERS ACT)

Canada’s justice system strives to be fair and equitable

• Youth ages 12 – 17
• Focus on ensuring consequences are balanced
• Protect society
• Protect the innocent
• Ensure there are appropriate consequences that lean to rehabilitation

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Source: Issues for Canadians page 64

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• Past punishments for youth included incarceration with adults
• Led to further criminal activity throughout their life
• Neuroscience – learn that youth brain is not fully developed
• Accountable but not fully responsible for decisions

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When considering consequences

• Take into consideration
• Individual circumstances
• Community safety
• Consequences
• Rehabilitation
• Reintegration
• Making amends

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Several avenues can be taken with dealing with a young offender

• Police officer can decide whether to lay charges
• No formal charge: warning, or refer youth to organization to get them help (e.g. drug treatment)
• Formal charge: can then release them (record of charge) or detain them
• Case then goes to Crown Prosecutor
• Youth can then go to court or a program

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Court

• If the youth goes to court the judge will decide if they are guilty
• For serious offenses the judge can consider an adult punishment (especially for violent crimes)
• If found not guilty – records sealed or destroyed after certain amount of time

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Court

• If found guilty – the consequence takes into consideration
• Level of maturity
• Seriousness of the crime
• Consequences
• Community service
• Prison (not housed with adults)
• Apology
• Criminal record
• Restitution ($)
• Completion of a program (like drug rehabilitation)

If a youth does not complete a program they can go back to court where the judge will decide if a different consequence is needed

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Source: Issues for Canadians pages 66 - 67

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Various organizations to help youth

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• Youth Justice Committees
• Sharing Circles
• Social Workers
• John Howard Society

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Nothing is more important than justice and the just society. It is essential to flourishing of men, women and children and to maintaining social stability and security. You need only open your newspaper to the international section to read about countries where the rule of law does not prevail, where the justice system is failing or non-existent.

In this country, we realize that without justice, we have no rights, no peace, no prosperity. We realize that, once lost, justice is difficult to reinstate. We in Canada are the inheritors of a good justice system, one that is the envy of the world. Let us face our challenges squarely and thus ensure that our justice system remains strong and effective.

the Right Honourable Beverley McLachlin, P.C.�Chief Justice of Canada

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