The Youth Criminal Justice Act (YCJA)
· covers young people who commit criminal offences after they become 12 years of age but before they reach 18 years
· deals with offences under the Criminal Code, the Controlled Drugs and Substances Act, and other federal laws
· does not apply to provincial laws such as liquor or traffic laws
· the YCJA still applies to any offences that took place before your 18th birthday
If you are under 12 years old, you cannot be charged with a criminal offence. However:
· the police could warn you, take you home and talk to your parents
· the police, your parents or any concerned person could go to the Department of Community Resources and Employment
· Community Resources and Employment could take you out of your parents' care, in cases where your parents cannot control you
What are my rights if I face charges under the YCJA?
You have the right to:
· be told what you are charged with, and why, in words you understand
· talk to a lawyer at any stage of your involvement in the youth justice system
· talk to a parent or other adult
· have the police stop questioning you until after you have had the chance to talk to a lawyer as well as a parent or other adult
· have a lawyer and a parent or other adult with you if you give a statement to the police
· be brought before a Justice of the Peace or the court as soon as possible to determine your release
· be told of your rights in words you understand, and be given an opportunity to exercise these rights
The police must tell your parents:
· why and where you are in custody
· what you are charged with
· when and where you go to court
· that you have a right to a lawyer
Sentencing
If you don’t go to court:
Extrajudicial measures are an out-of-court alternative for dealing with offences committed by youth.
Options for extrajudicial measures include:
· taking no further action
· giving you a formal warning
· refering you to community programs, with your consent, to help you avoid the wrong choices that led to the offence
· extrajudicial sanctions, such as requiring you to perform community service or pay back the victim for any harm you may have caused, counselling or treatment programs. If you do not complete all of the things you are required to do under extrajudicial sanctions, you still could be charged and brought to court.
If you go to court:
Possible sentences include:
· a reprimand
· an absolute discharge or conditional discharge
· paying a fine of up to $ 1,000
· doing community service work or personal service for the victim
· paying for, replacing or returning stolen or damaged property
· probation for up to two years
· a period of custody followed by supervision in the community
· For first degree murder , the maximum youth sentence is ten years, of which a portion is served in custody and the balance under supervision in the community.
· Second degree murder carries a maximum youth sentence of seven years, of which a portion is served in custody and the balance under supervision in the community.
· If the offence is any other type where an adult could receive life imprisonment, the maximum youth sentence is three years, of which a portion is served in custody and the balance under supervision in the community.
· For most other offences, the maximum sentence is two years, of which a portion is served in custody and the balance under supervision in the community.
Custody means you are held in a youth facility. Generally, youth correctional facilities are separate from ones for adult prisoners. If you turn 18 while in custody, you may serve the remainder of your custody in the youth facility until you turn 20, or you may be transferred to an adult facility.
Will I have a record?
· The type of record you have and how long it will last depends on the offence and how the offence was dealt with.
· A youth record:
· will not automatically disappear after you turn 18 years old
· may make it difficult for you to get a job or travel to other countries
· may result in a harsher sentence if you are found guilty of a charge in the future
Will my name be publicized?
Generally, your identity cannot be published. However, there are a few exceptions:
· if you receive an adult sentence, your identity can be published
· if you are at least 14 and have been found guilty of a presumptive offence (murder, attempted murder, manslaughter, aggravated sexual assault, or a pattern of repeat serious violent offences), your identity MAY be published, but only in limited cases, or
· a court may allow publication of your identity, to help the police locate and arrest you, in some circumstances