Provincial Offences: Youth Justice Act (2:IV) - Revision history

LSLAP at 18:56, 13 October 2025

2025-10-13T18:56:24Z

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Nate Russell: review confirmed 2025

2025-08-28T21:38:39Z

review confirmed 2025

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LSLAP at 22:45, 11 August 2025

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	{{LSLAP Manual TOC\|expanded = youth}}		{{LSLAP Manual TOC\|expanded = youth}}

	The ''Youth Justice Act'', SBC 2003, c 85 (“''YJA''”) is provincial legislation which imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities. The ''YJA'' acts to narrowly expand custodial sentence options within the province, as well as create a small number of new offences. Under the ''YJA'', young persons may face jail time for six different offences. This legislation is rarely used, so only a brief overview is provided below.		The ''Youth Justice Act'', SBC 2003, c 85 (''YJA'') is provincial legislation which imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities. The ''YJA'' acts to narrowly expand custodial sentence options within the province, as well as create a small number of new offences. Under the ''YJA'', young persons may face jail time for six different offences. This legislation is rarely used, so only a brief overview is provided below.

	== A. Definition of Young Person ==		== A. Definition of Young Person ==

LSLAP: /* B. Notice to Parents/Guardians */

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B. Notice to Parents/Guardians

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	:a person who, in respect of a young person,		:a person who, in respect of a young person,
	::(a) is under a legal duty to support, maintain, or care for the young person, or		::(a) is under a legal duty to support, maintain, or care for the young person, or
	::(b) has in law or fact, the custody or control of the young person,		::(b) has in law or fact, the custody or control of the young person, but does not include a person who has the custody or control of the young person only because of proceedings under this Act or the federal Act.
	:but does not include a person who has the custody or control of the young person only because of proceedings under this Act or the federal Act

	If a young person is charged with an offence and is required to appear in court, the person who initiated the process must immediately give written notice of the charge against the young person and of the young person’s court appearance to the young person’s parent, if a parent is available (''YJA'' s 5(1)). This section does not apply where proceedings are commenced by way of a violation ticket (''YJA'' s 5(2)).		If a young person is charged with an offence and is required to appear in court, the person who initiated the process must immediately give written notice of the charge against the young person and of the young person’s court appearance to the young person’s parent, if a parent is available (''YJA'' s 5(1)). This section does not apply where proceedings are commenced by way of a violation ticket (''YJA'' s 5(2)).
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	If notice is not given under ''YJA'' subsections 5(1) or (3), this does not invalidate the proceedings against the young person (''YJA'' s 5(4)).		If notice is not given under ''YJA'' subsections 5(1) or (3), this does not invalidate the proceedings against the young person (''YJA'' s 5(4)).


	== C. Sentencing ==		== C. Sentencing ==

LSLAP at 16:39, 11 August 2025

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	{{LSLAP Manual TOC\|expanded = youth}}		{{LSLAP Manual TOC\|expanded = youth}}

	The ''Youth Justice Act'', SBC 2003, c 85 (“''YJA''”) is provincial legislation which imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities. The ''YJA'' acts to narrowly expand custodial sentence options within the province, as well as create a small number of new offences. Under the ''YJA'', young persons may face jail time for six different offences. This legislation rarely used, so only a brief overview is provided below.		The ''Youth Justice Act'', SBC 2003, c 85 (“''YJA''”) is provincial legislation which imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities. The ''YJA'' acts to narrowly expand custodial sentence options within the province, as well as create a small number of new offences. Under the ''YJA'', young persons may face jail time for six different offences. This legislation is rarely used, so only a brief overview is provided below.

	== A. Definition of Young Person ==		== A. Definition of Young Person ==

LSLAP at 18:33, 21 August 2024

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	{{LSLAP Manual TOC\|expanded = youth}}		{{LSLAP Manual TOC\|expanded = youth}}

LSLAP at 01:55, 14 August 2024

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	{{LSLAP Manual TOC\|expanded = youth}}		{{LSLAP Manual TOC\|expanded = youth}}

	The original ''Young Offenders (British Columbia) Act'', RSBC 1996, c 494 [“''YO(BC)A''”] was proclaimed in May, 1984 to complement the federal ''Young Offenders Act''. In April 2004, the ''YO(BC)A'' was replaced with the ''Youth Justice Act'', SBC 2003, c 85 [“''YJA''”~~]. The ''YJA''~~ imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities. The ''YJA'' updates the provisions of the ''YO(BC)A'' in order to reflect new practices within the youth criminal justice system, as well as to render the provincial legislation more consistent with the federal ''YCJA''. The ''YJA'' acts to narrowly expand custodial sentence options within the province, as well as to create a small number of new offences. Under the ~~previous ''YO(BC)A'', probation was the harshest sentence imposed on young persons, but under the new~~ ''YJA'', young persons may face jail time for six different offences. This legislation ~~is not often~~ used, ~~and~~ so only a brief overview is provided below.		The ''Youth Justice Act'', SBC 2003, c 85 (“''YJA''”) is provincial legislation which imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities. The ''YJA'' acts to narrowly expand custodial sentence options within the province, as well as create a small number of new offences. Under the ''YJA'', young persons may face jail time for six different offences. This legislation rarely used, so only a brief overview is provided below.

	== A. Definition of Young Person ==		== A. Definition of Young Person ==
	Under the ''YJA'', “young person” is defined as a person who has reached 12 years of age but is less than 18 years of age (s 1).		Under the ''YJA'', “young person” is defined as "a person who has reached 12 years of age but is less than 18 years of age" (''YJA'' s 1).

	== B. Notice to Parents ==		== B. Notice to Parents/Guardians ==
	If a young person is ~~charged with an offence and is required~~ to ~~appear in court~~, the person ~~who issued~~ the ~~process must immediately give written notice~~ of ~~the charge against~~ the young person ~~and~~ the ~~time and place of that young person’s court appearance to a parent~~ of the young person~~, if a parent is available. This section does not apply where~~ proceedings ~~are commenced by way of a violation ticket (ss 5(1) and (2)).~~		Under section 1 of the ''YJA'' a parent is defined as:
			:a person who, in respect of a young person,
			::(a) is under a legal duty to support, maintain, or care for the young person, or
			::(b) has in law or fact, the custody or control of the young person,
			:but does not include a person who has the custody or control of the young person only because of proceedings under this Act or the federal Act

	If a young person is ~~going~~ to ~~be detained until their~~ court ~~appearance~~, the ~~officer in~~ charge at the ~~time~~ of the young person’s ~~detention~~ must give written or oral notice of the arrest to ~~a parent of~~ the young ~~person~~ as soon as possible, if a parent is available. The notice must state the place of detention and the reason for the arrest of the young person (s 5(3)).		If a young person is charged with an offence and is required to appear in court, the person who initiated the process must immediately give written notice of the charge against the young person and of the young person’s court appearance to the young person’s parent, if a parent is available (''YJA'' s 5(1)). This section does not apply where proceedings are commenced by way of a violation ticket (''YJA'' s 5(2)).

			If a young person is going to be detained pending bail, the officer in charge must give written or oral notice of the arrest to the young person’s parent as soon as possible, if a parent is available (''YJA'' s 5(3)). The notice must state the place of detention and the reason for the young person’s arrest (''YJA'' s 5(3)).

			If notice is not given under ''YJA'' subsections 5(1) or (3), this does not invalidate the proceedings against the young person (''YJA'' s 5(4)).

	~~If notice is not given under sections 5(1) or (3), the proceedings are still valid (s 5(4)).~~

	== C. Sentencing ==		== C. Sentencing ==

	=== 1. General ===		=== 1. General ===
	~~Once~~ a young person is found guilty ~~of an offence~~, the Court must impose one or more of the available sentences provided within the YJA, and no others (s 8(1)). The sentence is effective ~~as of~~ the ~~date~~ it is imposed ~~by the court~~, unless the young person is already serving a custodial sentence, in which case the new sentence ~~will be imposed on the date of expiry of~~ the previous custodial sentence (ss 9(1) and (2)).		When a young person is found guilty, the Court must impose one or more of the available sentences provided within the ''YJA'', and no others (''YJA'' s 8(1)). The sentence is effective on the day it is imposed, unless the young person is already serving a custodial sentence, in which case the new sentence is effective when the previous custodial sentence expires (''YJA'' ss 9(1) and (2)).

	The ~~possible~~ sentences available to the court are:		The sentences available to the court are:
	*~~an absolute~~ or conditional discharge~~, if there is no minimum penalty required for an adult convicted of that offence, and if it is in the best interest of the young person and not contrary to the public interest~~;		*Absolute or conditional discharge (''YJA'' s 8(2)(a));
	*~~a maximum fine~~ of $1,000;		*Fine of up to $1,000 (''YJA'' s 8(2)(b));
	*~~community work~~ service ~~hours~~ to ~~a maximum of~~ 240 hours ~~and~~ to be completed within a specified period no longer than one year;		*Community service of up to 240 hours to be completed within a specified period no longer than one year (''YJA'' s 8(2)(c));
	*~~probation~~ for ~~a maximum of~~ 6 months;		*Probation for up to 6 months (''YJA'' s 8(2)(d));
	*~~custody not exceeding~~ 30 days for specified offences ~~under~~ s. 8(2)(e) (for example, trespassing on school grounds under section 177(2) of the ''School Act'');		*Custodial sentence for up to 30 days for specified offences (''YJA'' s 8(2)(e)) (for example, trespassing on school grounds under section 177(2) of the School Act);
	*~~custody not exceeding~~ 90 days for ~~other~~ offences ~~specified under section~~ 8(2)(f) (for example, driving while prohibited or suspended under sections 95(1), 102, or 234(1) of the ''Motor Vehicle Act''); ~~and/or~~		*Custodial sentence for up to 90 days for specified offences (''YJA'' s 8(2)(f)) (for example, driving while prohibited or suspended under sections 95(1), 102, or 234(1) of the ''Motor Vehicle Act'');
	*~~a driving~~ prohibition for an offence under the Motor Vehicle Act.		*Driving prohibition for an offence under the ''Motor Vehicle Act'' (''YJA'' s 8(2)(g)).

	The Court must not impose a sentence that results in punishment being imposed on a young person that is greater than the maximum punishment that could be imposed on an adult ~~who has been~~ convicted of the same offence (s 8(5)).		The Court must not impose a sentence that results in punishment being imposed on a young person that is greater than the maximum punishment that could be imposed on an adult convicted of the same offence (''YJA'' s 8(5)).

	:'''~~NOTE~~:''' Custodial sentences under the YJA do not include a period of community supervision, as under the YCJA. However, the Court may order a period of probation to follow a custodial sentence if it thinks it appropriate.		'''Note:''' Custodial sentences under the YJA do not include a period of community supervision, unlike under the YCJA. However, the Court may order a period of probation to follow a custodial sentence if it thinks it appropriate.

	=== 2. Sentence Review ===		=== 2. Sentence Review ===
	A young person, a parent ~~of the young person~~, or ~~the Attorney General~~ may apply for a review of the young person’s sentence if the Court deems it appropriate (s 15(1)). The application may be made ~~at any~~ time after ~~three~~ months after the ~~date~~ the sentence ~~was given~~, or with leave of the Court ~~at any time~~.		A young person, their parent, or Crown Counsel may apply for a review of the young person’s sentence if the Court deems it appropriate (''YJA'' s 15(1)). The application may be made:
			*Any time after 3 months from when the sentence was imposed (''YJA'' s 15(2)(a)(i)),
			*For a custodial sentence, any time after the greater of 15 days or one third of the sentence has been served (''YJA'' s 15(2)(a)(ii)), or
			*At any other time with leave of the Court (''YJA'' s 15(2)(b)).

			Under a review, the Court may confirm the sentence, vary it, rescind it, or make a new sentence, but a new or varied sentence must not be more onerous than the original sentence (''YJA'' ss 15(8) and (9)).

	In the case of custodial sentences under section 8(2)(e) or (f), an application may be made once the greater of 15 days or one-third of the sentence has been served (s 15(2)). Under a review, the Court may vary, rescind, or confirm the sentence, or make an entirely new sentence, but the new or varied sentence must not be more onerous than the sentence under review (ss 15(8) and (9)).

	== D. Special Concerns ==		== D. Special Concerns ==

	=== 1. Publication of a Young Person’s Identity ===		=== 1. Publication of a Young Person’s Identity ===
	The provisions under Part 6 of the ''YCJA'' that ban the publication of a young person’s identity apply to the ''YJA'' (s 4(1)). '''See Section III.J.2: Publication of a Young Person’s Identity'''.		The provisions under Part 6 of the ''YCJA'' that ban the publication of a young person’s identity apply to the ''YJA'' (''YJA'' s 4(1)). '''See Section III.K.2: Publication of a Young Person’s Identity''' above.

	=== 2. Records ===		=== 2. Records ===
	The provisions of the ''YCJA'' governing the records of young persons ~~dealt with under that Act are deemed to~~ apply to the YJA (s 4(1))~~. The sections of the YCJA which apply to the~~ ''~~YJA~~'' ~~are sections~~ 114 to 116, ~~sections~~ 118 to 127, and s 129. See '''Section III.J.4: Records: Access and Disclosure.'''		The provisions of the ''YCJA'' governing the records of young persons apply to the ''YJA'' (''YJA'' s 4(1)), specifically ''YCJA'' ss 114 to 116,ss 118 to 127, and s 129. See '''Section III.K.4: Records: Access and Disclosure''' above.

	{{LSLAP Manual Navbox\|type=chapters1-7}}		{{LSLAP Manual Navbox\|type=chapters1-7}}

Admin: Admin moved page Provincial Offences under the Youth Justice (British Columbia) Act (2:IV) to Provincial Offences: Youth Justice Act (2:IV): 2024 edition

2024-07-23T16:23:32Z

Admin moved page Provincial Offences under the Youth Justice (British Columbia) Act (2:IV) to Provincial Offences: Youth Justice Act (2:IV): 2024 edition

← Older revision	Revision as of 16:23, 23 July 2024
(No difference)

LSLAP at 22:23, 23 August 2023

2023-08-23T22:23:03Z

LSLAP: /* 2. Records */

2022-08-09T18:07:08Z

2. Records

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	=== 2. Records ===		=== 2. Records ===
	The provisions of the ''YCJA'' governing the records of young persons dealt with under that Act are deemed to apply to the ''YJA'' (s 4(1)). The sections of the ''YCJA'' which apply to the ''YJA'' are sections 114 to 116, sections 118 to 127 and section 129. See [[Criminal Offences under the Youth Criminal Justice Act (2:III)#4. Records: Access and Disclosure \| Section III.J.4: Records: Access and Disclosure]].		The provisions of the ''YCJA'' governing the records of young persons dealt with under that Act are deemed to apply to the ''YJA'' (s. 4(1)). The sections of the ''YCJA'' which apply to the ''YJA'' are sections 114 to 116, sections 118 to 127 and section 129. See [[Criminal Offences under the Youth Criminal Justice Act (2:III)#4. Records: Access and Disclosure \| Section III.J.4: Records: Access and Disclosure]].

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	{{REVIEWED LSLAP \| date= ~~July 18~~, ~~2021~~}}		{{REVIEWED LSLAP \| date= August 1, 2023}}
	{{LSLAP Manual TOC\|expanded = youth}}		{{LSLAP Manual TOC\|expanded = youth}}

	The original ''Young Offenders (British Columbia) Act'', RSBC 1996, c 494 [“''YO(BC)A''”] was proclaimed on May, 1984 to complement the federal ''Young Offenders Act''. In April, 2004, the ''YO(BC)A'' was replaced with the ''Youth Justice Act'', SBC 2003, c 85 [“''YJA''”]. The ''YJA'' imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities. The ''YJA'' updates the provisions of the ''YO(BC)A'' in order to reflect new practices within the youth criminal justice system, as well as to render the provincial legislation more consistent with the federal ''YCJA''. The ''YJA'' acts to narrowly expand custodial sentence options within the province, as well as to create a small number of new offences. Under the previous ''YO(BC)A'', probation was the harshest sentence imposed on young persons, but under the new ''YJA'', young persons may face jail time for six different offences. This legislation is not often used, and so only a brief overview is provided below.		The original ''Young Offenders (British Columbia) Act'', RSBC 1996, c 494 [“''YO(BC)A''”] was proclaimed in May, 1984 to complement the federal ''Young Offenders Act''. In April 2004, the ''YO(BC)A'' was replaced with the ''Youth Justice Act'', SBC 2003, c 85 [“''YJA''”]. The ''YJA'' imposes tougher sentences on young persons for gang activity, driving offences, and contraband activity within youth custody facilities. The ''YJA'' updates the provisions of the ''YO(BC)A'' in order to reflect new practices within the youth criminal justice system, as well as to render the provincial legislation more consistent with the federal ''YCJA''. The ''YJA'' acts to narrowly expand custodial sentence options within the province, as well as to create a small number of new offences. Under the previous ''YO(BC)A'', probation was the harshest sentence imposed on young persons, but under the new ''YJA'', young persons may face jail time for six different offences. This legislation is not often used, and so only a brief overview is provided below.

	== A. Definition of Young Person ==		== A. Definition of Young Person ==
	Under the ''YJA'', “young person” is defined as a person who has reached 12 years of age but is less than 18 years of age (s. 1).		Under the ''YJA'', “young person” is defined as a person who has reached 12 years of age but is less than 18 years of age (s 1).

	== B. Notice to Parents ==		== B. Notice to Parents ==
	If a young person is charged with an offence and is required to appear in court, the person who issued the process must immediately give written notice of the charge against the young person and the time and place of that young person’s court appearance to a parent of the young person, if a parent is available. This section does not apply where proceedings are commenced by way of a violation ticket (ss 5(1) and (2)).		If a young person is charged with an offence and is required to appear in court, the person who issued the process must immediately give written notice of the charge against the young person and the time and place of that young person’s court appearance to a parent of the young person, if a parent is available. This section does not apply where proceedings are commenced by way of a violation ticket (ss 5(1) and (2)).

	If a young person is going to be detained until their court appearance, the officer in charge at the time of the young person’s detention must give written or oral notice of the arrest to a parent of the young person as soon as possible, if a parent is available. The notice must state the place of detention and the reason for the arrest of the young person (s. 5(3)).		If a young person is going to be detained until their court appearance, the officer in charge at the time of the young person’s detention must give written or oral notice of the arrest to a parent of the young person as soon as possible, if a parent is available. The notice must state the place of detention and the reason for the arrest of the young person (s 5(3)).

	If notice is not given under sections 5(1) or (3), the proceedings are still valid (s. 5(4)).		If notice is not given under sections 5(1) or (3), the proceedings are still valid (s 5(4)).

	== C. Sentencing ==		== C. Sentencing ==

	=== 1. General ===		=== 1. General ===
	Once a young person is found guilty of an offence, the Court must impose one or more of the available sentences provided within the ''YJA'', and no others (s. 8(1)). The sentence is effective as of the date it is imposed by the court, unless the young person is already serving a custodial sentence, in which case the new sentence will be imposed on the date of expiry of the previous custodial sentence (ss 9(1) and (2)).		Once a young person is found guilty of an offence, the Court must impose one or more of the available sentences provided within the YJA, and no others (s 8(1)). The sentence is effective as of the date it is imposed by the court, unless the young person is already serving a custodial sentence, in which case the new sentence will be imposed on the date of expiry of the previous custodial sentence (ss 9(1) and (2)).

	The possible sentences available to the court are:		The possible sentences available to the court are:
	*an absolute or conditional discharge, if there is no minimum penalty required for an adult convicted of that offence, and if it is in the best interest of the young person and not contrary to the public interest;		*an absolute or conditional discharge, if there is no minimum penalty required for an adult convicted of that offence, and if it is in the best interest of the young person and not contrary to the public interest;
	*a maximum fine of $1,000;		*a maximum fine of $1,000;
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	*a driving prohibition for an offence under the Motor Vehicle Act.		*a driving prohibition for an offence under the Motor Vehicle Act.

	The Court must not impose a sentence that results in punishment being imposed on a young person that is greater than the maximum punishment that could be imposed on an adult who has been convicted of the same offence (s. 8(5)).		The Court must not impose a sentence that results in punishment being imposed on a young person that is greater than the maximum punishment that could be imposed on an adult who has been convicted of the same offence (s 8(5)).

	:'''NOTE:''' Custodial sentences under the ''YJA'' do not include a period of community supervision, as under the ''YCJA''. However, the Court may order a period of probation to follow a custodial sentence if it thinks it appropriate.		:'''NOTE:''' Custodial sentences under the YJA do not include a period of community supervision, as under the YCJA. However, the Court may order a period of probation to follow a custodial sentence if it thinks it appropriate.

	=== 2. Sentence Review ===		=== 2. Sentence Review ===
	A young person, a parent of the young person, or the Attorney General may apply for a review of the young person’s sentence if the Court deems it appropriate (s. 15(1)). The application may be made at any time after three months after the date the sentence was given, or with leave of the Court at any time.		A young person, a parent of the young person, or the Attorney General may apply for a review of the young person’s sentence if the Court deems it appropriate (s 15(1)). The application may be made at any time after three months after the date the sentence was given, or with leave of the Court at any time.

	In the case of custodial sentences under section 8(2)(e) or (f), an application may be made once the greater of 15 days or one third of the sentence has been served (s. 15(2)). Under a review, the Court may vary, rescind, or confirm the sentence, or make an entirely new sentence, but the new or varied sentence must not be more onerous than the sentence under review (ss 15(8) and (9)).		In the case of custodial sentences under section 8(2)(e) or (f), an application may be made once the greater of 15 days or one-third of the sentence has been served (s 15(2)). Under a review, the Court may vary, rescind, or confirm the sentence, or make an entirely new sentence, but the new or varied sentence must not be more onerous than the sentence under review (ss 15(8) and (9)).

	== D. Special Concerns ==		== D. Special Concerns ==

	=== 1. Publication of a Young Person’s Identity ===		=== 1. Publication of a Young Person’s Identity ===
	The provisions under Part 6 of the ''YCJA'' that ban the publication of a young person’s identity apply to the ''YJA'' (s. 4(1)). See ~~[[Criminal Offences under the Youth Criminal Justice Act (2:III)#2. Publication of a Young Person’s Identity \|~~ Section III.J.2: Publication of a Young Person’s Identity]].		The provisions under Part 6 of the ''YCJA'' that ban the publication of a young person’s identity apply to the ''YJA'' (s 4(1)). '''See Section III.J.2: Publication of a Young Person’s Identity'''.

	=== 2. Records ===		=== 2. Records ===
	The provisions of the ''YCJA'' governing the records of young persons dealt with under that Act are deemed to apply to the ''YJA'' (s. 4(1)). The sections of the ''YCJA'' which apply to the ''YJA'' are sections 114 to 116, sections 118 to 127 and ~~section~~ 129. See ~~[[Criminal Offences under the Youth Criminal Justice Act (2:III)#4. Records: Access and Disclosure \|~~ Section III.J.4: Records: Access and Disclosure]].		The provisions of the ''YCJA'' governing the records of young persons dealt with under that Act are deemed to apply to the YJA (s 4(1)). The sections of the YCJA which apply to the ''YJA'' are sections 114 to 116, sections 118 to 127, and s 129. See '''Section III.J.4: Records: Access and Disclosure.'''

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