The youth criminal justice system is a unique part of the legal system that deals with young people under the age of 18. In Ontario, the Youth Criminal Justice Act (YCJA) is the main legislation governing youth proceedings in the province. In this blog post, we will explain what the YCJA is and how it works.
What Is The Youth Criminal Justice Act?
The YCJA was brought into effect on April 1st, 2003 and serves as legislation for responding to offending behaviour by those below 18 years of age. This act lays down specific principles which are applicable when dealing with minors within Canada’s criminal justice system. It also sets out judicial discretion within the sentencing of individuals below 18 years of age and outlines rehabilitation plans while providing alternatives to custodial sentences.
How Do The YCJA Protect Young Canadians?
The primary focus of the YCJA is rehabilitating youthful offenders rather than punishing them through incarceration like adult offenders would be punished for more serious crimes. It strives to put an emphasis on reintegrating them into society, instead of ostracizing them by imprisoning them. Furthermore, it seeks to provide protection from inappropriate public disclosure of their criminal records while protecting their identity at all costs.
List of Sentences Available for Youth Offenders
Detention (Imprisonment)
Detention, also known as imprisonment, is a sentence available for youth offenders under the Youth Criminal Justice Act (YCJA). It involves placing a young person in secure custody either in a custodial setting such as a youth detention facility or an adult prison. Detention should not be used in all cases but may be appropriate in more serious offences. There are restrictions on the length of time a court can impose this sentence as well as rules regarding the conditions and privileges of the inmate.
Community Service Orders
A Community Service Order (CSO) is a sentence available for youth offenders under the Youth Criminal Justice Act (YCJA). It involves ordering a young person to perform unpaid work, as an alternative to detention, in order to benefit the community. This sentence can include activities such as cleaning up parks or helping out at local charities. A CSO typically requires completion within 12 months and may also include additional conditions such as counselling or curfews.
Intensive Support and Supervision Orders
Intensive Support and Supervision Orders (ISSO) are an alternative to detention for youth offenders under the Youth Criminal Justice Act (YCJA). This sentence allows a young person to remain in the community with restrictions and supports such as counselling, education programs, physiological assessment and family therapy. The goal of an ISSO is to provide support and rehabilitation while still holding the offender accountable. This sentence typically lasts from 12-18 months.
Probation Orders
Probation Orders are the most common form of sentence for youth offenders under the Youth Criminal Justice Act (YCJA). This sentence allows a young person to remain in the community with restrictions and supports such as counselling, education programs, and community service. The goal of a probation order is to hold the offender accountable while providing rehabilitation and support. This sentence typically lasts between 6-12 months.
Restorative Justice Options
Restorative justice options are an alternative form of justice for youth offenders under the Youth Criminal Justice Act (YCJA). This process focuses on healing, restoring relationships and reintegrating the offender into society. The goal is to address the harm done, repair relationships and engage in a positive learning experience for the offender. It may involve the youth offender, their family, victims, community members and others in a restorative circle or other mediation.
Extrajudicial Measures (Diversion Programs)
Extrajudicial measures, also known as diversion programs, are an alternative form of justice available to young offenders under the Youth Criminal Justice Act (YCJA). These measures provide an opportunity for offenders to resolve their offences without having a criminal record. This is done with the consent of the accused and typically involves counselling, education, community service and restitution. The goal is to hold youth accountable while providing supports and resources that can prevent future criminal activity.
Each sentence has its own requirements, such as community service or restitution payments. Depending on the situation, a judge may decide to impose one or more of these sentences instead of detention.
Additional Sentencing Considerations
When youth offenders are convicted of a crime in Canada, the YCJA provides guidance to judges on how to sentence them. In general, the sentences that are applicable to adults in similar circumstances should not be used for youth offenders but there are exceptions depending on the severity of the crime committed by a young person.
Conclusion
The Youth Criminal Justice Act seeks to ensure that young people under 18 years of age receive fair treatment within Canada’s criminal justice system while promoting rehabilitating rather than punitive measures. It offers guidance and options which help tailor sentencing to individual cases, ensuring appropriate consequences for offending behavior and protecting the identity of minors if needed.
We highly discourage anyone from seeking out legal advice through this article. Particularly, this article only provides general information, and if you have any further questions regarding the
Youth Criminal Justice Act, please contact us to book a free initial consultation. Please do not hesitate to contact us at 905-366-0202, or visit our website here.
