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WHAT IS IT?

When implemented in 2003, the Youth Criminal Justice Act attempted to restore credibility with the public by pushing contemporary reforms. A Declaration of Principle was created which defined the overall purpose of the youth criminal justice system in Canada. This focused on the need for prevention before the crime, rehabilitation during punishment and reintegration into society. In addition, this highlighted the need for meaningful consequences and promoted the long-term protection of the public. Under this Act, juveniles were termed “youth criminals”. In 1997, the Standing Committee on Justice and Legal Affairs submitted a report to the House of Commons which contained 14 recommendations for improving the YOA. This was the basis for change and resulted in the first draft of the YCJA which underwent three revisions before eventually being put in motion. This Act is currently the legislation in which society follows in dealing with juvenile youth. 

The YCJA contains a statement that removes ambiguity regarding the interpretation of the Act and encourages the principle that the needs of society and the offender are not in conflict. Through this legislation, the concept of youth justice committees, which was last used under the JDA, is reintroduced. The committee contains groups of citizens with the purpose of developing community-based solutions in order to help youth to avoid incarceration. Additionally, the amount of extrajudicial measures available has increased. These measures were first labelled alternative measures under the YOA and served to prevent non-violent, first time youth offenders from facing trial and instead to participate in diversion programs. The creation of the committee, along with other extrajudicial measures, is based on the principal under the YCJA that court processing is reserved form more serious offences. All possible options must be considered before laying charges. 

This Act also clarifies conditions for sentencing youth. Under the YCJA, the maximum sentencing for youth is 10 years for first degree murder. All trials for young people aged 12 to 17 are held in youth court and follows the same rules regarding use of evidence and formalities as adult trials. However, this Act lowers the age for sentencing youth as adults. Cases involving youth aged 14 or older who are charged with severe crimes or are repeated offenders may be transferred to adult court, although this varies in some provinces. The goal of sentencing under the YCJA is to hold young criminals accountable for their actions and to consider the needs of the victim. This follows the Crime Control Model. As well, it aims to impose appropriate sanctions while emphasizing rehabilitation and reintegration into society. This aligns with the welfare model and encourages restorative justice. Before a sentence is applied to a young criminal, a youth pre-sentence report must be completed. This report includes the collection of an interview with the victim, parents and offender, as well as school records and medical or psychiatric records. An important factor in sentencing for youth is their attitude towards the crime they have committed. The sentence will be better if the child shows significant remorse and emotion. They may be sentenced to custody, absolute discharge, probation, or community service. There are currently two types of custody in Canada for youth. Open custody is required for youth who are not considered dangerous to the community but are in need of structure and supervision. This can include restrictions to freedom such as probation and being placed in foster care. On the other hand, secure custody is used regarding youth that are considered dangerous to the community or themselves or have committed severe crimes. Probation is often used while dealing with youth and includes standard conditions which differ from adult probation. These conditions often require standard conditions such as performing community service, refraining from drugs or alcohol and attending school regularly, among other things. Under the YCJA, the names of accused youth are not open to the public unless they are convicted with very serious offences. 

In 2010, Bill C-4, known as Sebastien’s Law, was introduced under the YCJA with the focus of protecting the public from violent young offenders. This included the presumption of diminished moral blameworthiness, prohibiting youth to serve time in adult prisons and defining serious violent offences. It also added elements regarding deterrence and crime control measures which reduced the focus of the YCJA on rehabilitation. Additionally, this Bill deemed publication bans on youth as problematic and required courts to consider publishing their names. This resulted in public debates on the right to privacy for youth. Following this, in 2011 Bill C-10, or the Safe Streets and Communities Act, was implemented. This Act includes changes to the YCJA that were previously implemented in Bill C-4. The YCJA includes emphasis on specific deterrent and denunciation as youth sentencing principles are now used only when necessary. Denunciation was proven to be ineffective because it was based on the assumption that people were bad due to their mistakes. The sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the young person. Additionally, a revised definition of a violent offence was asserted through this Bill. This allows the court to consider both “extrajudicial sanctions” and “findings of guilt” in determining sentencing for youth. The YCJA now protects the identity of youth criminals from the community with discretion. Additionally, Bill C-10 placed under the YCJA asserts that no young person under the age of 18 is able to serve in adult prison regardless of their sentence. 

Restorative Justice

The YCJA, introduced restorative justice, which is a justice model that analyses the harm that was caused by the youth and ensures the youth will repair all of the damages that were caused by the offender in the first place. The restorative justice model also involves the offenders making their amends to their victims for the harm that they caused towards their victims.

CRITICISMS

The YCJA continues to receive both praise and criticism. For many, the trends of reduced incarceration for youth is positive. However, others view incarceration as just and beneficial in punishing young criminals. There have been many legal debates regarding the YCJA. The Act maintains stiff sentencing surrounding long-term incarceration for youth who have committed serious offences. In 2006, the Ontario Court of Appeal removed sanctions that forced some young offenders to prove they should not receive adult sentences for their crimes. This conclusion was based on the argument that placing such onus on the offender violated Section 7 of the Canadian Charter of Rights and Freedoms. Thus, the onus must be placed on the state to prove that an adult sentence is necessary. 

The YCJA is criticized for being more of the “same old, same old”. It combines elements from the JDA and YOA that were Many believe there needs to be a more transparent approach to young criminals. For those who are in favor of a tougher approach to crime, the Act contains little improvement. As a result of Bill C-10, the number of adult sentences given to youth has increased. It has been criticized for not upholding the UN Convention on the Rights of the Child. Canada has experienced an increase in youth criminal records. Arguably, society has been placed in elevated danger due to the ambiguity regarding the publication ban and children are being released from custody with a lack of rehabilitation. The lack of restorative justice under the YCJA that was brought on by Bill C-10 has long-term negative effects on society. The YCJA is considered an improvement from past legislation on youth; however, our society is still in need of change with respect to the treatment of young criminals. 

SOURCES:

Department of Justice. “Recent Changes to Canada’s Youth Justice System.” Youth Justice, 23 Sept. 2015, http://www.justice.gc.ca/eng/cj-jp/yj-jj/tools-outils/sheets-feuillets/amend-modif.html.

Nicholson, Rob. “Bill C-4 (Historical).” Openparliament.ca, openparliament.ca/bills/40-3/C-4/.

“41st Parliament, 1st Session Legislative Summary.” Research Publications, Library of Parliament , lop.parl.ca/sites/PublicWebsite/default/en_CA/ResearchPublications/LegislativeSummaries/411C10E#a1.

“Topic 1: Youth Crime in Canada.” Law Lessons, 2016, http://www.lawlessons.ca/lesson-plans/2.4.youth-crime-in-canada.

“Youth Justice in Canada: History & Debates.” Youth Justice in Canada: History & Debates | Mapleleafweb.com, www.mapleleafweb.com/features/youth-justice-canada-history-debates.html#juvenile.

Department of Justice. “The Youth Criminal Justice Act Summary and Background.” Government of Canada, Department of Justice, Electronic Communications, 8 Aug. 2017, http://www.justice.gc.ca/eng/cj-jp/yj-jj/tools-outils/back-hist.html.