Youth Justice and the Youth Criminal Justice Act
Special considerations come into play when young people commit acts that are considered criminal. The Youth Criminal Justice Act (YCJA) is the federal law that governs Canada's youth justice system. It applies to youth aged 12 to 17 who get into trouble with the law. The YCJA recognizes that young persons must be held accountable for criminal acts, although not in the same way or to the same extent as adults. It is in society's interest to ensure that as many young offenders as possible are rehabilitated and become productive members of society.
The YCJA recognizes that young people lack the maturity of adults. The youth justice system includes measures that are consistent with this reduced level of maturity. The YCJA also recognizes that young people have special needs and circumstances that must be considered when any decision is made under the Act.
While many aspects of criminal procedure are similar in the youth and adult criminal justice systems, the YCJA establishes special procedures to ensure that young people are treated fairly and to promote their rehabilitation. For example, as a general rule, the privacy of young offenders and young victims and witnesses is protected through publication bans on their identity.
The YCJA says that young people are to be held accountable in ways that are fair and in proportion to the seriousness of their offences. These interventions should
The YCJA recognizes that young people lack the maturity of adults. The youth justice system includes measures that are consistent with this reduced level of maturity. The YCJA also recognizes that young people have special needs and circumstances that must be considered when any decision is made under the Act.
While many aspects of criminal procedure are similar in the youth and adult criminal justice systems, the YCJA establishes special procedures to ensure that young people are treated fairly and to promote their rehabilitation. For example, as a general rule, the privacy of young offenders and young victims and witnesses is protected through publication bans on their identity.
The YCJA says that young people are to be held accountable in ways that are fair and in proportion to the seriousness of their offences. These interventions should
- reinforce respect for societal values;
- encourage the repair of harm done;
- be meaningful to the offender;
- respect gender, ethnic, cultural, and linguistic differences; and
- respond to the needs of Aboriginal young persons and of young persons with special requirements.
What is a Young Offender?
A young person aged 12 to 17 who commits a crime may be called a young offender. They appear in a special court called a Youth Court. The Youth Criminal Justice Act (YCJA) sets out what can happen to youth who commit offences. The YCJA realizes that:
The YCJA laws says:
A young person aged 12 to 17 who commits a crime may be called a young offender. They appear in a special court called a Youth Court. The Youth Criminal Justice Act (YCJA) sets out what can happen to youth who commit offences. The YCJA realizes that:
- the youth justice system must be separate from the adult system;
- it is important to involve families, victims, and communities in the youth criminal justice system; and
- alternatives to the formal court process often work better with young people who have committed less serious offences.
The YCJA laws says:
- People have the right to be protected from young people’s crimes.
- Young people who break the law need to understand that what they did caused harm to the community. They need help to learn how to stay out of trouble and to contribute to the community in a positive way.
- Young people have the same legal rights as adults. The police have to tell young people about their rights and explain what is happening to them.
- Young people don’t go to the same court as adults. There is a special Youth Court. The judge in Youth Court will make sure young people get a lawyer.
Youth, Child and Family Services Act
As a child, youth or young person receiving services under the Child, Youth and Family Services Act, 2017, they have rights that must be respected and a voice that must be heard. These rights are automatic - that they do not have to earn these rights, and no one can take them away from them.