The Youth Criminal Justice Act (YCJA) is Canada’s legal framework for handling criminal offences committed by individuals between the ages of 12 and 17. It is one of the most important pieces of legislation in Canadian criminal law and plays a critical role in shaping how young people are treated when accused of a crime.
Designed to balance accountability with rehabilitation, the YCJA reflects a growing understanding that youth require a justice system distinct from adults—one that recognizes their developmental differences and potential for positive change. Whether you are a parent, youth, legal professional, or simply want to understand how the law works, this guide provides a thorough overview of the Youth Criminal Justice Act and how it operates across Canada.
What Is the Youth Criminal Justice Act?
The Youth Criminal Justice Act (YCJA) is federal legislation that governs how the Canadian legal system deals with youth accused of committing crimes. It came into force on April 1, 2003, replacing the earlier Young Offenders Act. The YCJA applies to all provinces and territories in Canada and covers individuals aged 12 to 17 at the time of the alleged offence.
The YCJA’s primary goal is to protect the public by holding young people accountable for their actions through measures that encourage rehabilitation and reintegration, rather than relying on incarceration as a default solution.
Purpose and Principles of the YCJA
The YCJA is guided by a clear set of principles:
- Accountability: Youth must be held accountable in a way that is appropriate to their age and maturity.
- Rehabilitation and reintegration: The system should focus on helping youth address the underlying causes of their behaviour.
- Proportionality: The consequences imposed must be proportionate to the seriousness of the offence and the circumstances of the youth.
- Timeliness: Legal responses must be timely to be meaningful.
- Fair and equitable treatment: The Act requires that youth are treated fairly and without discrimination.
- Reduced use of custody: Custody should only be used as a last resort.
These principles aim to prevent youth from becoming entrenched in the criminal justice system and to promote positive outcomes for young people.
Who Does the YCJA Apply To?
The YCJA applies to:
- Any individual who is 12 to 17 years old at the time of the alleged offence
- Youth charged with offences under the Criminal Code of Canada or other federal statutes such as the Controlled Drugs and Substances Act
Children under the age of 12 cannot be charged with a criminal offence in Canada and are instead dealt with through child welfare or community-based interventions.
Once a person turns 18, they are considered an adult under the criminal justice system. However, a youth who turns 18 while their case is ongoing may still be prosecuted under the YCJA.
How the Youth Criminal Justice Act Works: Key Components
Police Discretion and Warnings
The YCJA encourages police officers to use discretion when dealing with minor offences. They are urged to consider:
- Verbal warnings or cautions
- Referrals to community programs
- Extrajudicial measures to avoid formal charges
This is intended to divert youth from the court system whenever appropriate.
Extrajudicial Measures and Sanctions
If a youth’s behaviour is non-violent and they have no prior record, the YCJA promotes the use of extrajudicial measures such as:
- Warnings
- Police referrals to community agencies
- Crown referrals to restorative justice programs
In more serious cases, extrajudicial sanctions may be used. These are more formal and require the youth to accept responsibility for the offence. Sanctions can include:
- Writing an apology to the victim
- Completing community service
- Attending anger management or counselling sessions
These programs help avoid court proceedings and criminal records while still holding youth accountable.
Youth Court
If a case proceeds to court, it is heard in Youth Justice Court, which operates under special rules:
- Proceedings are usually closed to the public
- Youth have a right to legal representation
- The identity of the youth is protected by publication bans
- Parents or guardians are expected to attend court with the youth
The goal is to create a supportive legal environment focused on understanding and rehabilitation rather than punishment.
Sentencing Under the YCJA
The YCJA provides a range of sentencing options that are tailored to the youth’s circumstances, including:
- Reprimands
- Absolute or conditional discharges
- Probation
- Fines or restitution
- Community service
- Deferred custody and supervision
- Open or secure custody
Judges are required to consider less restrictive options first and to take into account the youth’s needs, level of responsibility, and potential for change.
Adult Sentences
In very serious cases, the Crown may apply to have a youth sentenced as an adult. This can happen when:
- The offence is particularly violent or serious (e.g. murder, aggravated sexual assault)
- The youth is at least 14 years old (in most provinces)
- The Crown believes a youth sentence would not be sufficient
If an adult sentence is imposed, the youth faces the same penalties as an adult, including potential life imprisonment.
Youth Criminal Records
A youth record is created when a young person is charged with or found guilty of a criminal offence. These records are not permanent, but they remain open for a period of time depending on the outcome and the sentence. For example:
- Summary convictions are typically sealed 3 years after the sentence is complete
- Indictable offences are sealed after 5 years
If the youth commits another offence during this period, the timeline resets, and the record can become part of their adult record.
While youth records are protected under the YCJA, they can still affect job opportunities, travel, and education until they are sealed.
The Importance of Legal Representation
The youth justice system may be less punitive, but it is still complex. A lawyer experienced in youth criminal defence can:
- Advocate for diversion programs or alternative measures
- Ensure the youth’s rights are respected
- Challenge evidence and police procedures
- Protect the youth’s future from a permanent criminal record
Without legal representation, a young person may unknowingly accept conditions or outcomes that have long-term consequences.
Schedule a Free Consultation With Lichtman Law
If your child is facing criminal charges under the Youth Criminal Justice Act, it’s essential to act quickly. The earlier you engage legal counsel, the greater the opportunity to resolve the matter with minimal impact.
At Lichtman Law, we specialize in youth criminal defence and understand how to work within the YCJA framework to protect your child’s future.
Schedule your free consultation today to speak with a youth criminal defence lawyer.