Criminal Offences: Youth Criminal Justice Act (2:III)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1, 2023.

A. Applicable Age

The YCJA primarily applies to criminal proceedings against a young person aged between 12 and 17 years, as set out under the following legislative provisions:

Section 13 of the Criminal Code prohibits individuals from being convicted for an offence they committed when they were under 12 years old.
Subsection 2(1) of the YCJA defines a “child” as “a person who is, or, in the absence of evidence to the contrary, appears to be less than twelve years old”.
Subsection 2(1) of the YCJA defines a “young person” as “a person who is, or, in the absence of evidence to the contrary, appears to be, twelve years old or older, but less than eighteen years old”.
Subsection 14(5) of the YCJA states that the YCJA also applies to “persons eighteen years old or older who are alleged to have committed an offence while a young person”.
Subsection 14(4) of the YCJA states that “extrajudicial measures taken or judicial proceedings commenced against a young person” under the YCJA may be continued “after the person attains the age of 18 years”.

B. Applicable Court

Under subsection 2(5) of the Provincial Court Act, RSBC 1996, c 379, the Provincial Court is designated as the Youth Justice Court for the purposes of the YCJA, and a Provincial Court judge is a Youth Justice Court judge. Unlike adult charges, even indictable youth charges typically proceed in Provincial Court (YCJA s 142(1)(c)). The BC Supreme Court has concurrent jurisdiction as a Youth Justice Court where the Crown is seeking an adult sentence for a young person (YCJA s 67).

C. Declaration of Principle

Section 3(1) of the YCJA sets out a series of fundamental principles. The YCJA must be “liberally construed” so that the youth criminal justice system operates in accordance with these principles (s 3(2)):

3(1) The following principles apply in this Act:

(a) the youth criminal justice system is intended to protect the public by

(i) holding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person,

(ii) promoting the rehabilitation and reintegration of young persons who have committed offences, and

(iii) supporting the prevention of crime by referring young persons to programs or agencies in the community to address the circumstances underlying their offending behaviour;

(b) the criminal justice system for young persons must be separate from that of adults, must be based on the principle of diminished moral blameworthiness or culpability and must emphasize the following:

(i) rehabilitation and reintegration,

(ii) fair and proportionate accountability that is consistent with the greater dependency of young persons and their reduced level of maturity,

(iii) enhanced procedural protection to ensure that young persons are treated fairly and that their rights, including their right to privacy, are protected,

(iv) timely intervention that reinforces the link between the offending behaviour and its consequences, and

(v) the promptness and speed with which persons responsible for enforcing this Act must act, given young persons’ perception of time;

(c) within the limits of fair and proportionate accountability, the measures taken against young persons who commit offences should

(i) reinforce respect for societal values,

(ii) encourage the repair of harm done to victims and the community,

(iii) be meaningful for the individual young person given his or her needs and level of development and, where appropriate, involve the parents, the extended family, the community and social or other agencies in the young person’s rehabilitation and reintegration, and

(iv) respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements; and

(d) special considerations apply in respect of proceedings against young persons and, in particular,

(i) young persons have rights and freedoms in their own right, such as a right to be heard in the course of and to participate in the processes, other than the decision to prosecute, that lead to decisions that affect them, and young persons have special guarantees of their rights and freedoms,

(ii) victims should be treated with courtesy, compassion and respect for their dignity and privacy and should suffer the minimum degree of inconvenience as a result of their involvement with the youth criminal justice system,

(iii) victims should be provided with information about the proceedings and given an opportunity to participate and be heard, and

(iv) parents should be informed of measures or proceedings involving their children and encouraged to support them in addressing their offending behaviour.

D. Right to Counsel

Under section 25 of the YCJA, “a young person has the right to retain and instruct counsel without delay… at any stage of the proceedings”. A police officer must inform young persons of their right to counsel upon their arrest or detention. Legal Aid BC provides legal services for young persons, regardless of their income or their parents’ income. Unlike adults, young people aged 12 to 17 have the right to have a lawyer and parent/adult present while giving a police statement or being interrogated by police, unless they waive that right (YCJA s 146). For more information on admissibility of a young person’s statements see Section G.7.a: Admissibility of Statements below.

A young person’s counsel must remember that their client is the young person, not their parent(s). Parents have the right to be informed about developments in the young person’s case, but not to access privileged information from the young person’s counsel without the young person’s consent. Section 8 of the YCJA recognizes this client-parent distinction by empowering the Youth Justice Court to ensure a young person is represented by counsel independent of their parent(s) if necessary.

E. Notice to Parents/Guardians

The YCJA defines a young person’s “parent” in subsection 2(1) as

…any person who is under a legal duty to provide for the young person or any person who has, in law or in 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 by reason only of proceedings under this Act.

Notice must be given to a young person’s parent as soon as possible in any of the following circumstances:

The young person is dealt with by an extrajudicial sanction (YCJA s 11),
The young person is arrested and detained in custody (YCJA s 26(1)),
A summons or appearance notice is issued to the young person (YCJA s 26(2)),
The young person is released on a promise to appear, undertaking, or recognizance (YCJA s 26(2)),
A ticket is issued to a young person under the Contraventions Act, SC 1992, c 47 (YCJA s 26(3)), or
Any other time a Youth Justice Court Judge or Justice directs notice should be given (YCJA s 26(5)).

When the whereabouts of a young person’s parents are unknown, or it appears no parent is available, notice may be given to another adult. The adult can be a relative of the young person or any other adult who is known by the young person and who is likely to assist them (YCJA s 26(4)).

When notice has not been given, the court may adjourn the proceedings until notice is given or may dispense with notice if the court thinks it appropriate (YCJA s 26(11)).

Notice is not required if the person is 20 years or older by the time of their first appearance before a Youth Justice Court (YCJA s 26(12)).

The court may, if necessary, order the attendance of a parent at proceedings against a young person. A parent who then fails to attend may be held in contempt of court (YCJA s 27).

F. Alternatives to the Court Process: Extrajudicial Measures and Sanctions

The YCJA provides the criminal justice system with various alternatives to laying criminal charges for dealing with young alleged offenders. Whereas adult alleged offenders can sometimes avoid prosecution through “Alternative Measures” (also known as “diversion”), the YCJA includes similar diversion options called “Extrajudicial Measures”. Extrajudicial measures may range from a warning or caution from a police officer (YCJA s 6) to a formal referral by the Crown to an “Extrajudicial Sanctions” program (YCJA s 10).

Under the YCJA, police must consider extrajudicial measures before recommending charges in a report to Crown Counsel (YCJA s 6(1)). Both summary and indictable offences (in exceptional circumstances) may be considered for extrajudicial measures.

Within the broader category of extrajudicial measures there is a subset of measures available which the YCJA terms “extrajudicial sanctions” (YCJA s 2(1)). While extrajudicial measures refer to any measures taken against a young person under the YCJA, “other than judicial proceedings”, extrajudicial sanctions are a set of specific measures available under s 10 of the YCJA with specific requirements for their use (YCJA s 2(1)). For more information on the BC Prosecution Service’s guidelines for extrajudicial measures and sanctions, see the Crown Counsel Policy Manual Youth Criminal Justice Act – Extrajudicial Measures.

1. Extrajudicial Measures

Section 4 of the YCJA sets out the principles which govern use of extrajudicial measures (“EJMs”) in the youth criminal justice system. Section 4 states that EJMs:

“[A]re often the most appropriate and effective way to address youth crime” (YCJA s 4(a));
“[A]llow for effective and timely interventions focused on correcting offending behaviour” (YCJA s 4(b));
“[A]re presumed to be adequate to hold a young person accountable for his or her offending behaviour if the young person has committed a non-violent offence and has not previously been found guilty of an offence” (YCJA s 4(c)); and
“[S]hould be used if they are adequate to hold a young person accountable for his or her offending behaviour,” even if the young person “has previously been dealt with by extrajudicial measures” or “previously been found guilty of an offence” (YCJA s 4(d)).

Section 4.1 of the YCJA governs how EJMs should be used when a young person fails to comply with a YCJA youth sentence pursuant to YCJA s 137, or where a peace officer (as defined in s 2 of the Criminal Code) has reasonable grounds, under s 496 of the Criminal Code, to believe a young person “has failed to comply with a summons, appearance notice, undertaking or release order to attend court”.

In both these circumstances, EJMs are “presumed to be adequate” to address these failures, unless the young person has a history of repeated failures, or has through their failure to comply, “caused harm, or a risk of harm,” to public safety (YCJA s 4.1(1)). If EJMs are inadequate for the above reasons, the Crown may proceed by issuing an appearance notice under Criminal Code s. 496 (judicial referral hearing) or by bringing an application for sentence review under YCJA s. 59(1) as an alternative to laying charges. The YCJA says these alternative processes should be used if deemed adequate (YCJA s 4.1(2)).

Section 5 of the YCJA outlines the objectives of EJMs, and specifies how they should be designed. EJMs should:

“[P]rovide an effective and timely response to offending behaviour” (YCJA s 5(a));
“[E]ncourage young persons to acknowledge and repair the harm caused” (YCJA s 5(b));
Encourage young persons’ families and community “to become involved in the design and implementation of” the EJMs (YCJA s 5(c));
Allow victims to receive reparation, and to participate in decisions regarding the EJMs selected (YCJA s 5(d)); and
Be “proportionate to the seriousness of the offence”, while respecting young persons’ rights and freedoms (YCJA s 5(e)).

Section 6 of the YCJA requires police officers to consider EJMs “before starting judicial proceedings or taking any other measures” under the YCJA against a young person. The police must consider each of the following options before recommending charges (YCJA s 6):

Taking no further action;
Warning the young person;
Administering a caution; or
Referring the young person to a program or agency in the community (with the young person’s consent). In BC, these are called Community Accountability Programs (“CAPs”)

Despite the above requirements on police officers, subsection 6(2) of the YCJA clarifies that an officer’s failure to consider EJMs “does not invalidate any subsequent charges against the young person.”

Community Accountability Programs ("CAPs") are funded by the province of BC and offer alternatives to the traditional justice system by using restorative justice principles. Many CAPs accept criminal case referrals from the police as well as the community.

Restorative justice aims to address the harms caused by criminal acts and work towards a resolution for the offender, victim, and community. While approaches vary across programs, many use one-to-one facilitation, talking circles, and conferences to work towards a confidential resolution that does not result in a criminal record for the young person who has caused harm. The participation of other parties, such as victims, parents, and community members varies between each case and CAP.

Section 8 of the YCJA also grants Crown Counsel the ability to administer cautions to young persons rather than “starting or continuing judicial proceedings” under the YCJA.

Past EJMs taken against a young person are not admissible in future proceedings against them. Evidence that a young person received a warning or caution, was referred to a CAP, or that a police officer decided to take no further action against them “is inadmissible for the purpose of proving prior offending behaviour” (YCJA s 9).

2. Extrajudicial Sanctions

Extrajudicial sanctions (“EJSs”) are available under section 10 of the YCJA if the lesser EJMs mentioned above are not adequate to deal with a young person. EJSs can only be used when “the seriousness of the offence, the nature and number of previous offences committed by the young person, or any other aggravating circumstances” mean that a caution, warning, or referral under sections 6-10 of the YCJA would not adequately hold the young person accountable (YCJA s 10(1)).

An EJS may be used only if all the following conditions are met:

It is a sanction authorized by the Attorney General (or other appropriate authority) within the province’s program of sanctions (YCJA s 10(2)(a));
The sanction is appropriate, based on the young person’s needs, and society’s interests (YCJA s 10(2)(b));
The young person is informed of the EJS, and “fully and freely consents to” being subjected to it (YCJA s 10(2)(c));
The young person was advised of their right to counsel, and was “given a reasonable opportunity to consult with counsel” prior to consenting to be subjected to the EJS (YCJA s 10(2)(d));
The young person accepts responsibility for conduct which underlies the offence they are alleged to have committed (YCJA s 10(2)(e));
There is sufficient evidence to proceed with prosecuting the offence (YCJA s 10(2)(f)); and
The law does not bar prosecution of the offence (YCJA s 10(2)(g)).

Subsection 10(3) of the YCJA further emphasizes that an EJS cannot be used if a young person “denies participation or involvement” in the offence or expresses that they want to have the charge dealt with by the Youth Justice Court (YCJA s 10(3)).

As the young person must admit responsibility for their conduct in order to be subjected to an EJS (and therefore, in most cases, avoid trial), this statement is a violation of the principle that admissions of guilt must be freely and voluntarily given. Consequently, subsection 10(4) of the YCJA holds that any admission of guilt which is a condition for being dealt with through an EJM (including an EJS) is inadmissible in any future civil or criminal proceedings against the young person.

Note: this protection does not apply to voluntary admissions made by a young person in the context of a lesser EJM, where making such an admission is not a condition of implementing the EJM against the young person. For more information on admissibility of statements in the youth context, see Section G.7.a: Admissibility of Statements below.

Using an EJS against a young person does not prevent judicial proceedings against the young person under the YCJA. However, a Youth Justice Court will dismiss any charges against the young person “if it is satisfied on a balance of probabilities” either that the young person “totally complied” with the EJS, or “partially complied” with it, and prosecuting the charge would be unfair in the circumstances (YCJA s 10(5)).

The EJS procedure commonly involves an interview with a youth worker (through the local probation office), who will recommend a plan to the prosecutor that may include conditions such as counselling, restitution, community service, victim-offender mediation, or an apology. If an EJS is imposed against a young person, the young person’s parents must be notified about the sanctions (YCJA s 11). Victims, upon request, are entitled to be informed of the young person’s identity and how the offence was dealt with (YCJA s 12).

G. Court Process

1. Compelling a Young Person’s Appearance in Court

The procedure to compel a young person to attend court is generally the same as for adults under the Criminal Code. A police officer may release a young person on either a Promise to Appear (an “Undertaking”) or an Appearance Notice. These documents will indicate a time, date, and location for the young person’s first court appearance.

In R v Oliveira, 2009 ONCA 219 the Ontario Court of Appeal explained that a Promise to Appear and an Undertaking serve two distinct and separate purposes. The purpose of a Promise to Appear is to secure the accused’s initial attendance in Court. In contrast, an Undertaking constitutes a promise by the accused to comply with certain conditions in exchange for their release from custody, pending the resolution of the charges.

If the Information is not laid prior to this first appearance, then the Appearance Notice or the Undertaking will be rendered null. If the Information is laid prior to this first appearance, the Undertaking will continue in force as long as the charges are before the Court (or until it is canceled or varied by a judge).

If the young person fails to appear or to comply with an Undertaking, they can be charged with failure to comply. If the original charge for which they made the Promise to Appear/Undertaking is dismissed, withdrawn, or stayed; or if the young person is acquitted; the Crown must review the charge for failure to comply to determine whether that prosecution should proceed (YCJA s 24.1).

Alternatively, after an Information has been laid, an accused young person will be compelled to appear in Court by either a Summons or a Warrant. Section 28 of the YCJA states that in this regard, Part XVI of the Criminal Code applies equally to youth as to adults, except where inconsistent or excluded by the YCJA. For more information on summons and warrants under the Criminal Code see Chapter 1: Criminal Law. The YCJA’s restrictions on pre-trial detention are addressed below in Subsection 4: Pre-Trial Detention and Conditions.

2. Time Limitations

The time limitation for commencing a prosecution is the same for both adults and youth. Time limitations vary depending on the nature of the offences and are set out in the Criminal Code. See Chapter 1: Criminal Law.

3. Proof of Age and Notice

The court must be satisfied that the young person was between 12 and 17 at the time of the offence, and that their parent or guardian is aware of the charges. This is usually done early in the proceedings. Age can be established by:

A parent testifying as to young person’s age (YCJA s 148(1));
Using a birth or baptismal certificate (YCJA s 148(2)),
Defence counsel attesting to having spoken with a parent or guardian, and on that basis, admitting the age of the young person (YCJA s 149),
Using any other information the court considers reliable to determine the young person’s age (YCJA s 148(3)), or
the court inferring the age of a person from their appearance or statements (YCJA s 148(4)).

The court must also be satisfied that a young person’s parent or guardian has been notified of the charges against the young person. This is typically accomplished by the parent or guardian attending court with the young person and confirming their understanding of the charges on the record, or by defence counsel attesting to having advised the parent or guardian of the charges. For more information on notice to parents or guardians see Section E: Notice to Parents/Guardians above.

4. Pre-Trial Detention and Conditions

The rules of pre-trial detention are set out in sections 28 through 29 of the YCJA. A young person cannot be detained in custody or have conditions imposed in an undertaking or release order “as a substitute for appropriate child protection, mental health, or other social measures” (YCJA s 28.1).

A young person may only have conditions imposed in their release order if a judge is satisfied that:

The condition is needed to ensure the young person attends court, or to protect the public, including any victims or witnesses (YCJA s 29(1)(a));
The condition is reasonable within “the circumstances of the offending behaviour” (YCJA s 29(1)(b)); and
“[T]he young person will reasonably be able to comply with the condition” (YCJA s 29(1)(c)).

A young person may only be detained in custody when:

The young person has either been charged with a “serious offence” (defined in YCJA s. 2) or has “a history that indicates a pattern of either outstanding charges or findings of guilt” (YCJA s 29(2)(a));
The Youth Court Judge or Justice is satisfied on a balance of probabilities that “there is a substantial likelihood that... the young person will not appear in court when required”; detention is needed to protect the public, including victims or witnesses; or (for serious offences) that there are exceptional circumstances which require detention (YCJA s 29(2)(b)); and
The Youth Court Judge or Justice is satisfied on a balance of probabilities that no condition(s) would reduce the young person’s likelihood of failing to appear in court below substantial, adequately protect the public, and “maintain confidence in the administration of justice” (YCJA s 29(2)(c)).

Under section 30.1 of the YCJA and section 525 of the Criminal Code, a young person who is currently detained pending trial and who is not required to be detained for any other matter must have their detention reviewed within a specified period. If a youth is detained for summary offence(s), a judge must review their detention every 30 days. For indictable offences, the judge must review their detention every 90 days.

If a young person would otherwise be detained in custody, the Youth Justice Court must inquire whether there is a responsible person available to take the young person into their care (YCJA s 31(2)). A young person may be placed in the care of a responsible person instead of being detained, if the Court is satisfied that:

The young person would otherwise be detained in custody (YCJA s 31(1)(a));
“[T]he person is willing and able to take care of and exercise control over the young person” (YCJA s 31(1)(b)); and,
“[T]he young person is willing to be placed in the care of that person” (YCJA s 31(1)(c)).

A responsible person who agrees to care for a young person under section 31 adopts a very serious responsibility. The responsible person must sign an undertaking that binds them to oversee and essentially police the young person’s bail order (YCJA s 31(3)(a)). This undertaking often includes a term that the responsible person will report any breaches of the bail conditions to the police and the bail supervisor. Wilful failure to comply with the terms of the undertaking may result in the responsible person being charged with an offence under section 139 of the YCJA and punished with up to two years imprisonment.

Section 30 of the YCJA governs where a young person can be detained. A young person must be detained in a “safe, fair and humane manner” (YCJA s 30(1)). They must be held in a youth facility which is separate from adults unless safety concerns require otherwise, or there is no youth facility “available within a reasonable distance” (YCJA s 30(3)). If a young person turns 18 while being detained, they can be moved to an adult facility if, after the young person has been given an opportunity to be heard, the Court considers doing so to be in the best interests of the young person or the public (YCJA s 30(4)). If a young person has already turned 20 (or older) when their detention begins, they must be placed in an adult detention facility (YCJA s 30(5)).

5. Pleas

Like adults, a young person may plead guilty or not guilty when charged with an offence (YCJA s 36). If a guilty plea is entered, and the Youth Justice Court is satisfied the facts support the charge(s), then the Court will find the young person guilty, and either immediately proceed with sentencing, or set a date for a sentencing hearing (YCJA s 36(1)). If the Court is not satisfied that the facts support the charges, then even if the young person pleads guilty, the Court must schedule a trial date (YCJA s 36(2)). If the young person pleads not guilty, then the Court will schedule a trial date (YCJA s 36(2)).

6. The Trial Process

The trial process is largely the same for young persons as for adults. However, there are a few differences in how the admissibility of statements are handled for accused youth, and in how the court deals with the evidence of young persons or children when they appear as witnesses.

a) Admissibility of Statements

The law relating to the admissibility of statements made by accused adults to persons in authority also applies to youths (YCJA s 146(1)). However, there are specific provisions under subsection 146(2) of the YCJA which further protect young persons suspected of committing an offence. These provisions state that a young person’s written or oral statement to a person in authority is only admissible when:

“[T]he statement was voluntary” (YCJA s 146(2)(a));
The person in authority clearly explained the young person’s rights to them (YCJA s 146(2)(b)), including:
- their right to silence;
- the risk that any statement could be used against them;
- their right to speak with a lawyer and parent or appropriate adult; and
- that a lawyer and parent or appropriate adult must be present while the young person gives their statement unless the young person waives this right.
The young person had “a reasonable opportunity” to consult with counsel and a parent or guardian (YCJA s 146(2)(c)); and
The young person had “a reasonable opportunity” to make the statement in the presence of the counsel, parent, or guardian with whom they consulted (YCJA s 146(2)(d)).

There is an important exception to the above requirements. If a young person spontaneously makes a voluntary oral statement to a person in authority before that person has a reasonable opportunity to comply with the above requirements, the statement is admissible (YCJA 146(3)).

Young persons can waive their rights to consult with counsel or with a parent or guardian. However, for the waiver to be valid, it must be either recorded by video or audio, or in a written statement signed by the young person (YCJA s 146(4)). If these requirements are not met due to a “technical irregularity,” a Youth Justice Court can still find that the waiver was valid if the Court is “satisfied that the young person was informed of his or her rights, and voluntarily waived them” (YCJA s 146(5)). If the Court is satisfied that the waiver occurred, then the Court may admit into evidence a statement made to a person in authority, if doing so “would not bring into disrepute the principle that young persons are entitled to enhanced procedural protection to ensure that they are treated fairly, and their rights are protected” (YCJA s 146(6)).

Unique to the youth context, “persons in authority” under section 146 of the YCJA may include teachers, parents, or other authority figures in a young person’s life, depending on the circumstances: see for example R. v. G.F.D., B.A.S. and P.J.B., 2006 BCPC 240; R. v. S.(R.) et al, 2009 ONCJ 333. While subsection 146(9) under the YCJA holds that the parent or other adult who a young person consults with are not persons in authority, this presumption can be displaced by “evidence to the contrary”.

In R v AD, 2010 BCSC 1715 ("AD"), a 15-year-old accused’s statement was ruled inadmissible for non-compliance with section 146(2)(d) of the YCJA. At para 24, Justice Stromberg-Stein held that

[i]nforming a young person they are entitled to have a lawyer or third party with whom they have consulted present, rather than phrasing this as a requirement, is ‘deficient’ and ‘not completely accurate’, as s 146 draws an important distinction between the rights of the young person and the requirements placed upon the police [emphasis original; citations omitted].

In AD, counsel for the accused was out of town and unable to immediately come to the police station where the accused was detained. Although the police informed AD of his right to have his lawyer present during the interview, it was clear that they were going to interview him that same day, regardless of his lawyer’s availability.

The YCJA does not specify the standard of proof the Crown must meet to show compliance with section 146. In R v LTH, 2008 SCC 49 ("LTH") the Supreme Court of Canada stated each component of section 146 must be proven beyond a reasonable doubt. If a young person has been interviewed, Crown must prove the person taking the young person’s statement took reasonable steps to ensure the young person understood their rights (LTH, at para 6). Simply reading a standardized form will likely not fulfill the requirements of section 146(2)(b). The person in authority must make reasonable efforts to determine that young person’s level of comprehension to ensure their explanation is appropriate.

The majority in LTH found that the police officer, when reading the accused his rights, failed to consider that the accused had a learning disability. As a result, the statement was found inadmissible. The Court also noted that Crown Counsel does not have to prove the young person actually understood the rights explained to them. If the judge is satisfied beyond a reasonable doubt that the young person’s rights and options were explained as required by section 146, the judge may infer the young person understood those rights and the consequences of waiving them. The burden then shifts to the defence to point to evidence showing the young person did not, in fact, understand their rights or the consequences of waiving those rights (LTH, at para 48).

b) Children and Young Persons as Witnesses

Where a child (as defined under YCJA s 2) is a witness at a Youth Justice Court trial, the judge or justice must instruct that child on the duty to speak the truth and the consequences of failing to do so (YCJA s 151(a)). Where a young person (as defined under YCJA s 2) is a witness, the judge or justice must instruct the young person as to this duty only if “the judge or justice considers it necessary” (YCJA s 151(b)).

There are special protections under the Criminal Code for witnesses who are under the age of 18 years. Under section 486 of the Criminal Code, a justice or judge has the discretion to exclude members of the public from the courtroom if “such an order is in the interest of public morals, the maintenance of order or the proper administration of justice[.]” The “proper administration of justice” includes “safeguarding… the interests of witnesses under the age of 18 years” (Criminal Code s 486(2)(b)). A witness who is under the age of 18 years is entitled to have a support person present in the courtroom while testifying (Criminal Code s 486.1), to testify outside the courtroom (Criminal Code s 486.2), or to testify behind a screen (Criminal Code s 486.2), unless the accommodation(s) would interfere with the proper administration of justice. A witness under the age of 18 cannot be cross-examined by the accused personally (Criminal Code s 486.3)

A person under 14 years of age is presumed to have the capacity to testify (Canada Evidence Act s 16.1(1)). Any party which challenges such a witness’ capacity bears the burden of satisfying the Court that there is an issue as to the witness’ capacity to understand and respond to questions (Canada Evidence Act s 16.1(4)). If the court is satisfied that there is an issue, it must conduct an inquiry into the witness’ capacity before allowing them to give evidence (Canada Evidence Act s 16.1(5)).

7. Section 19 Conferences

Section 19 conferences are a proceeding unique to Youth Justice Court. Conferences can be an effective means of coordinating services, broadening the range of perspectives on a case, and arriving at more creative and appropriate resolutions. Conferences can be composed of several different people; including the victim, the accused, their parents, community resource professionals, and members of the justice system; including a judge or justice of the peace, police officer, and Crown Counsel. Conferences are non-adversarial and collaborative, and may elicit advice on decisions such as a suitable EJM, a condition for release from pre-trial detention, appropriate sentencing (see Section H: Sentencing below), and plans for reintegrating the young person back into the community after their release from custody (YCJA s 19(2)).

H. Sentences

1. Youth Sentences

The purpose and principles of sentencing under the YCJA are set out in sections 3 and 38 of the Act. The purpose of sentencing is to hold a young person accountable for an offence through the imposition of just sanctions that have meaningful consequences for the young person and that promote their rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public (s 38(1)). The principles of sentencing are set out in section 38(2) and include that:

the sentence must not result in a punishment greater than would be appropriate for an adult convicted of the same offence committed in similar circumstances,
the sentence must be similar to that which would be imposed in other regions,
the sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the young person for that offence,
all available sanctions other than custody should be considered, with particular attention to the circumstances of Aboriginal young persons,
subject to paragraph (c) the sentence must:
- e.1. be one that is the least restrictive, the most likely to rehabilitate
and that will promote a sense of responsibility in the young person and an acknowledgement of the harm done to the victim(s) and society. None of these factors should be considered in isolation from each other, the other principles in 38(2), or the purposes and objectives of the act as a whole.
Subject to paragraph (c), the sentence may have the objective to denounce unlawful conduct and deter the young person from committing offences.

General deterrence is not a sentencing principle under the YCJA.

Although all elements listed under section 38(2) should be taken into consideration during sentencing, the BC Court of Appeal has indicated that there is a hierarchy within that section. In R v SNJS, [2013] BCJ No 1847, the court noted that “to the extent that there is any hierarchy within the principles laid down in s. 38(2), it is (c) which is at the top of that hierarchy”. In R v SNJS at paragraphs 26-29 the Court reviewed the interplay between sections 38(2)(d) and (e) with section 38(2)(c), and indicated that section 38(2)(e) is subject to section 38(2)(c). The court also indicated that the need to impose a sentence proportionate to the seriousness of the offence and the degree of responsibility of the young person for that offence is at the top of the hierarchy. Further, the court indicated that in respect of the criteria within section 38(2)(e), there is no hierarchy between the three principles, and there is no reason for a judge to treat (e)(i) as trumping (e)(ii) or (iii). The judge must consider all of those requirements, along with the other principles laid down in section 38(2), and the principles set out in section 3, in determining a sentence. Additionally, the court opined that the YCJA is not entirely “offender-centric”(para 28).

In determining a youth sentence, section 38(3) requires a Youth Justice Court to consider:

the degree of participation of the young person in the offence,
the harm done to victims,
any reparation made by the young person,
the time the young person has already spent in detention as a result of the offence,
any previous findings of guilt of the young person, and
any other aggravating and mitigating circumstances.

A Youth Justice Court shall, before imposing a youth sentence, consider a pre-sentence report prepared by a youth worker, representations made by the parties, other relevant information and recommendations submitted as a result of a section 19 Conference (s 42(1)). Mandatory minimum sentences under adult or provincial statutes do not apply to young persons. The maximum duration of youth sentences is set out in section 42(14) to (16). A custodial sentence cannot be used as a substitute for appropriate child protection, mental health, or other social measures (s 39(5)).

Sentencing options are set out in section 42(2) YCJA. Non-custodial sentence options include:

A judicial reprimand,
An absolute discharge,
A conditional discharge,
A fine to a maximum of $1000,
Compensation and restitution,
Community work service,
Probation,
An Intensive Support and Supervision Program Order (ISSO), and
Non-residential programs

Upon a finding of guilt, a Youth Justice Court judge may order that the young person be discharged absolutely or conditionally (42(2)(b) and (c)). The two-part test for discharges outlined in section 730 of the Criminal Code that applies to adult offenders (that a discharge is in the best interest of the accused and not contrary to public interest), only applies to absolute discharges for youths (R v RP, 2004 ONCJ 190). The test is not applicable when considering a conditional discharge for youths (R v CSW, 2004 ABCA 352).

Under the Criminal Code, adult offenders who receive a conditional discharge are “deemed not to have been convicted” (s 730(3)), while youths are “deemed not to have been found guilty or convicted upon the expiry of the sentence or order” (s 82 YCJA). Moreover, section 42(11) of the YCJA provides that unlike conditional discharge for adult offenders, a probation cannot be combined with a conditional discharge for youths (R v RP). However, the access period for records flowing from a conditional discharge is longer than an absolute discharge (see Records: Access and Disclosure).

Where a fine or an order for compensation or restitution is imposed, a court must consider the present and future means of the young person to pay. If a fine is imposed, the YCJA allows for the lieutenant governor in council of the province to order a percentage of any fine imposed on a young person to be used to assist victims of offences (s 53(1)). In BC, an Order in Council has set this at 15%. Where a conditional discharge, probation or ISSO is imposed, the court must ensure that any conditions included complying with the requirements in section 38(2)(e.1) of the YCJA.

Section 39(1) of the YCJA provides that a young person cannot be committed to custody unless:

The young person has committed a violent offence,
The young person has previously been found guilty of an offence under section 137 in relation to more than one sentence and, if the court is imposing a sentence for an offence under subsections 145(2) to (5) of the Criminal Code or section 137, the young person must have caused harm, or a risk of harm, to the safety of the public in committing that offence,
The young person has committed an indictable offence for which an adult would be liable to imprisonment for a term of more than 2 years and has a history that indicates a pattern of either extrajudicial sanctions or of findings of guilt, or
In exceptional cases where the young person has committed an indictable offence, the aggravating circumstances of the offence are such that the imposition of a non-custodial sentence would be inconsistent with the purpose and principles set out in section 38.

The Youth Justice Court under s. 39(2) of the YCJA is required to consider all alternatives to custody that are reasonable in the circumstances and, if custody is imposed, reasons must be given as to why the Court found a non-custodial sentence inadequate to achieve the purpose of sentencing as set out in section 38(1) (s. 39(9)).

Prior to committing a young person to custody, the Judge must consider a pre-sentence report (s 39(6)). This requirement can be waived, with the consent of the prosecutor and the young person, and if the Youth Justice Court is satisfied that it is unnecessary (s 39(7)).

Custodial sentence options include:

Deferred Custody and Supervision Order (s 42(2)(p)): This is a custodial sentence served in the community. It is not available where a young person has committed an offence that causes or attempts to cause serious bodily harm. The maximum duration of this sentence is 6 months. If the young person breaches a condition of the DCSO, a warrant may be issued and, after a hearing, the DCSO may be converted to a Custody and Supervision Order (see below).
Custody and Supervision Order (s 42(2)(n)). The maximum duration of a CSO is two years, or three years if an adult maximum sentence is life imprisonment. Two-thirds of the sentence must be served in custody while the remaining one-third is served under a community supervision order. The level of custody (open custody or secure custody) must be specified by the Youth Justice Court (s 88 and Order in Council 267/2003). The provincial director sets the mandatory and optional condition of the community portion of the CSO (s 97). In R v RRJ, 2009 BCCA 580, the BC Court of Appeal held that pre-sentence detention is not part of the sentence imposed. The Court explained that the judge must consider time already served in custody when sentencing a young person but that the judge may still choose to impose the maximum period of custody and supervision available under the statute.
Custody and Supervision Order (s 42(2)(o)): A custody term of a maximum of three years can be imposed where a young person is convicted of either attempted murder, manslaughter, or aggravated sexual assault. There is no minimum time period that must be spent in custody. The time spent in custody is left up to the judge’s discretion.
Custody and Supervision Order (s 42(2)(q)): Young persons convicted of murder can be committed to custody for longer periods of time. A young person convicted of first-degree murder can serve a custodial sentence of 10 years (no more than 6 years can be served in continuous custody). In the case of second-degree murder, a sentence of 7 years can be imposed (no more than 4 can be served in continuous custody).
Intensive Rehabilitative Custody and Supervision Order (s. 42(2)(r) and 42(7)): TThese orders are rare and are usually imposed when a young person has serious mental health issues. The YCJA allows for a delay in the imposition of a custody order where appropriate. In these instances, the probation order commences prior to the custody order and stipulates that the custody sentence begin immediately after the designated period of delay (s 42(12)).

While in custody, a young person, with the assistance of a youth worker, must plan for their reintegration into the community, including the preparation and implementation of a reintegration plan that sets out the most effective programs for the young person in order to maximize their chances for reintegration in the community (s 90(1)).

Section 76(2) of the YCJA prohibits young persons under the age of 18 years from serving any portion of their custodial sentence in either a provincial correctional facility for adults or a penitentiary. A young person who is serving a youth custodial sentence may be transferred to an adult correctional facility if the Court considers it to be in the best interests of the young person or in the public interest (s 92). A young person who turns 20 years old while serving a custodial sentence will be transferred to an adult facility (s 93). A young person who has reached the age of 20 at the time the custodial youth sentence is imposed will be committed to a provincial correctional facility for adults (s 89(1)).

Section 19 Conferences

A Youth Justice Court may convene a conference under section 19 for insight on the young person’s circumstances and recommendations as to an appropriate sentence (ss 41 and 19).

2. Adult Sentences

Crown Counsel may make an application to the Youth Justice Court for an order that a young person is liable to an adult sentence if the young person is or has been found guilty of an offence for which an adult is liable to imprisonment for a term of more than 2 years and that was committed after the young person attained the age of 14 years (s 64(1)). Prior to changes in Bill C-75, Crown Counsel was obligated to consider whether it would be appropriate to seek an adult sentence for a young person over the age of 14 years, who committed a serious violent offence (murder, attempt murder, manslaughter, or aggravated sexual assault), and to advise the court of that decision. Provinces could also choose to fix an age greater than 14 years but not greater than 16 years for the purpose of this requirement to consider an adult sentence. As of September 19, 2019, the last two points have been repealed.

The Youth Justice Court shall order that an adult sentence be imposed if Crown Counsel has satisfied the Court that:

the presumption of diminished moral blameworthiness or culpability of the young person is rebutted (s 72(1)(a)), and
a youth sentence would not be of sufficient length to hold the young person accountable for their behaviour (s 72(1) (b)).

Although youths can be sentenced as adults the sentencing guidelines are not strictly the same as those that would be utilized in sentencing an adult. In R v Pratt, 2007 BCCA 206, the BC Court of Appeal recognized that the court must consider the principles of sentencing in section 3 YCJA when sentencing a youth, including a youth who receives an adult sentence.

3. Reintegration Leave

The Provincial Director may, subject to any terms or conditions that they consider desirable, authorize a young person committed to custody in a youth facility the opportunity to have leave from the facility. There are two categories of leave:

Reintegration Leave: This leave is granted for medical, compassionate, or humanitarian reasons, or for the purpose of rehabilitating the young person or reintegrating the young person into the community. The maximum length of time is 30 days (s 91(1)(a)).
Day release: This leave is to allow a youth to attend an educational facility, to attend work, to assist their family, to participate in programming related to school and/or work, or to attend an outpatient treatment program or other program that provides services to address the needs of the young person (s 91(1)(b)).

Reintegration leaves are also available to a young person serving an adult sentence in a youth facility.

4. DNA Sample

When a young person is found guilty of certain designated offences (see Criminal Code, s 487.04), an order may be made for the young person to provide samples of one or more bodily substances for the purpose of forensic DNA analysis, under sections 487.051 and 487.052. The resulting DNA data is stored in a DNA databank, which is maintained by the RCMP.

The DNA Identifications Act, SC 1998, c 37, has been amended so as to limit the retention of DNA samples taken from a young person. DNA samples taken from young persons can be retained for shorter periods of time than those taken from adults (s 9.1) and shall be promptly destroyed when the record relating to the offence is expunged (s 10.1).

I. Review of Sentences

1. Custodial Sentences

An annual review is mandatory for all custodial sentences over one year. This review is to take place without delay at the end of one year from the date of the earliest youth sentence imposed and the end of every subsequent year from that date (ss 94 (1) and (2)).

A young person may be entitled to an optional review. When the youth sentence is for less than one year, a young person may request a review 30 days after the sentence is <ref>imposed or after serving one-third of the sentence, whichever is longer (ss 94(3)(a)(i) and (ii)). When the youth sentence exceeds one year, a young person may seek a review after serving six months of the sentence (s 94(3)(b)). In either case, the review will only take place where the Youth Justice Court is satisfied that there are grounds for such review (s 94(5)). Possible grounds for review are as follows:

The young person has made sufficient progress to justify a change in the sentence
The circumstances that led to the youth sentence have changed materially
There are new services or programs available that were not available at the time of the youth sentence
The opportunities for rehabilitation are now greater in the community, or
Any other grounds the Youth Justice Court considers appropriate (s. 94(6)).

A progress report must be prepared for the purposes of review (s. 94(9)). A Youth Justice Court, after review, may confirm the sentence or it may release the young person from custody and place the young person on conditional supervision (s. 94(19)). The terms of the condition supervision will be imposed by the youth justice court in accordance with section 105.

2. Non-Custodial Sentences

As of December 18, 2019, section 59(1) of the YCJA allows for non-custodial sentences to be reviewed at any time after they are imposed. They no longer require leave from a PCJ for a review within the first 6 month period after sentencing. The application for review can be made by the provincial director, the young person, the young person’s parent, or by Crown Counsel (s. 59(1)). The grounds for review are:

The circumstances that led to the youth sentence have changed materially,
The young person is unable to comply with or is experiencing serious difficulty in complying with the terms of the youth sentence,
The young person has contravened a condition of an order without reasonable excuse,
The terms of the youth sentence are adversely affecting the opportunities available to the young person to obtain services, education or employment, or
Any other ground that the youth justice court considers appropriate (s. 59(2)).

A progress report may be ordered for the purposes of such a review (s 59(3)). A Youth Justice Court, after conducting a review, may confirm the youth sentence, terminate the youth sentence or vary the youth sentence (s 59(7)). Section 59(8) states that the varied sentence cannot be more onerous than the original youth sentence unless the young person consents or more time is required to comply with the youth sentence (s 59(9)). The time to complete a community work service order or a restitution order may be extended for up to one year (s 59(9)). Further, the new section 59(10) allows for more onerous conditions to be added onto a sentence made under section 42(2) or (1) if they would either better protect the safety of the public from the risk of harm by the young offender, or if it would assist the young offender to comply with any conditions previously imposed as part of the sentence.

J. Appeals

Under the YCJA, young persons and the Crown have the same rights of appeal as adults under the Criminal Code (ss 37(1) and (5)). However, a young person cannot appeal a sentence review decision, whether mandatory or optional (s 37(11)).

K. Special Concerns

1. Public Hearings

Youth Justice Court hearings are open to the public. A justice may, however, exclude any person from all or part of the proceedings if the Justice considers that the person’s presence is unnecessary to the conduct of the proceedings and the justice is of the opinion that:

any information presented to the justice would be seriously injurious or seriously prejudicial to the young person, a witness, or a victim, or
it would be in the interest of public morals, the maintenance of order, or the proper administration of justice to exclude any member of the public (s 132).

2. Publication of a Young Person’s Identity

Section 110(1) of the YCJA states that no person shall publish the name of a young person or any other information that would result in the identification of a young person. This ban does not apply:

where the information relates to a young person who has received an adult sentence, or
where the publication of information is made in the course of the administration of justice and not for the purpose of making the information known in the community.

Bill C-75 eliminated the court-initiated lifting of publication ban for violent youth offenders as of September 19, 2019.

Once a young person attains the age of 18 years they may apply to lift the ban on publication for the purpose of permitting that person to publish information that would identify them as having been dealt with by the YCJA. The ban will only be lifted if the Youth Justice Court is satisfied that the publication would not be contrary to the young person’ best interests or the public interest (s 110(6)).

3. Fingerprints and Photographs

The ''Identification of Criminals Act, RS 1995, c I-1, applies to young persons. Fingerprints and photographs of a young person can only be taken in circumstances in which an adult would be subject to the same procedures (YCJA, s 113).

4. Records: Access and Disclosure

Sections 114 to 129 of the YCJA govern the records relating to young people which are kept in relation to the Youth Justice Court process. These provisions set out who may keep records in relation to a young person who is charged under the Act, and restrict access and control the disclosure of information contained within these records.

Records that arise out of proceedings under the YCJA may be kept by:

a Youth Justice Court, a review board, or any court dealing with matters arising out of proceedings under the YCJA (s 114),
an investigating police force may keep a record relating to any alleged offence or any offence committed by a young person (s 115(1)),
an investigating police force may keep a record of any extrajudicial measures that they use to deal with young persons (s 115(1.1)),
a department or an agency of any government in Canada for the purpose of an investigation, use in proceedings against the young person, sentencing, and considering the young person for extrajudicial measures (s 116(1)).

Who has access to these records is set out in sections 117 to 124 YCJA. Except as authorized by the YCJA, no person is to be given access to a record kept under sections 114 to 116 and no information contained in it may be given to any person, where to do so would identify the young person as a person dealt with under the Act (s 118(1)). Section 119(1) and (2) list the persons to whom access to records may be granted and the period of time within which access can be granted, respectively. These periods of access vary in duration depending on the type of offence and the treatment of the young person by the court (s 119(2)):

if an extrajudicial sanction is used, the period ends two years after the young person consents to be the subject of the sanction;
if the young person is acquitted not by reason of a verdict of not criminally responsible on account of mental disorder, the period ends two months after the expiry of time allowed for the taking of an appeal or, if an appeal is taken, the period ends three months after all proceedings regarding the appeal have ended;
if the charge against the young person is dismissed not by reason of acquittal, is withdrawn, or the young person is found guilty, the period ends two months after the dismissal, withdrawal, or finding of guilt;
if the charge against the young person is stayed, the period ends once no proceedings have been taken against the young person for one year;

d.1. if an order is made under section 14(2) or 20(2), which include recognizance orders under sections 83.3, 810 to 810.02, and 810.2 of the Criminal Code, the period ends six months after the order expires;

if the young person is found guilty and the sentence is an absolute discharge, the period ends one year after the finding of guilt;
if the young person is found guilty and the sentence is a conditional discharge, the period ends three years after the finding of guilt;
if the young person is found guilty of a summary conviction offence, the period ends three years after the young person has completed the sentence imposed, subject to (i) and (j) and subsection (9);
if the young person is found guilty of an indictable offence, the period ends five years after the young person has completed the sentence imposed, subject to (i) and (j) and subsection (9);
subject to subsection (9), if the young person is found guilty of an offence punishable on summary conviction committed when they were a young person during the original access period (per (g) or (h)), the access period will be the later of (i) the original period of access (per (g) or (h), as applicable), or (ii) three years after the youth sentence imposed for that offence has been completed.
subject to subsection (9), if the young person is found guilty of an indictable

offence committed when they were a young person during the access period (per (g) or (h)), the period ends five years after the young person has completed the sentence imposed for that indictable offence.

119(9) If the young person is convicted of an offence committed when they were an adult during the access period under paragraphs (2)(g), (h), (i) or (j),

section 82 (effect of absolute discharge or termination of youth sentence) does not apply to the young person in respect of the offence for which the record is kept under sections 114 to 116;
the record shall be dealt with as a record of an adult; and
the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction.

During the period of access, individuals not expressly named in section 199(1) can make an application under subsection (s) by to access a young person’s court records. A Youth Justice Court judge may grant access where they are satisfied that access to the record is (i) desirable in the public interest for research or statistical purposes, or (ii) desirable in the interest of the proper administration of justice (s 119(1)(s)).

After the applicable access period has ended, a person must apply to a Youth Justice Court judge to gain access to the records and the application must meet the requirements set out in section 123(1). The group of persons to whom access will be granted with respect to extrajudicial sanctions has special limitations (s 119(4)).

Not all records concerning young persons are governed by the same rules with respect to access. Under section 120 of the YCJA, RCMP records may be accessed by:

the young person to whom the record relates,
the young person’s counsel,
a government of Canada employee for statistical purposes,
any person with a valid interest in the record if a judge is satisfied that access is desirable in the public interest for research or statistical purposes,
the Attorney General or a peace officer for the purpose of investigating an offence,
the Attorney General or a peace officer to establish the existence of an order in any offence involving a breach of an order, and
any person for the purposes of the Firearms Act.

Sections 125 to 127 of the Act deals with disclosure of the information in a record. These rules may disclose information which is in their possession, to whom they may disclose the information, and when such disclosure will be permitted. Before any information is disclosed, the young person must have an opportunity to be heard unless reasonable efforts locate the young person have been unsuccessful.

5. Mental Health Provisions

Young persons who come into contact with the criminal justice system may suffer from mental health issues. The Criminal Code provisions regarding mental disorders apply to the YCJA except to the extent they are inconsistent with the YJCA (s 141). Section 34 of the YCJA allows the Court to take into account the mental health of a young person and order a report in certain circumstances.

Pursuant to section 34, at any stage of the proceedings, the Court may order an assessment of a young person by a qualified person who is required to report the results of the assessment in writing: i) with the consent of the young person and the Crown, or ii) on its own motion or on application of the young person or the Crown if the court believes a report is necessary and:

the Court has reasonable grounds to believe that the young person is suffering from a physical or mental illness or disorder, a psychological disorder, an emotional disturbance, a learning disability, or a mental disability,
the young person has a history of indicating a pattern of offences, or
the young person is alleged to have committed a serious violent offence.

In practice, the threshold for meeting 34(a) is broader than it appears. In R v DP (6 July 2017), Vancouver 23695-2-C, 23664-1 (BC Youth Div) the Youth Division of the BC Provincial Court clarified that to order a report under section 34 (1) the court does not need to conclude or even suspect that the evaluation would indicate that a person has a “diagnosed condition”. Instead, section 34(1) is satisfied if there is some indication that there is information relating to the young person’s medical condition that would assist the court in carrying out its purpose.

An assessment report can be ordered under section 34(2) of the YCJA for a limited number of designated purposes, i.e., if the Youth Justice Court is:

considering an application under s. 33 (release from or detention in custody),
deciding whether to impose an adult sentence under s. 71,
making or reviewing a youth sentence,
considering an application for continuation of custody (s. 104(1)),
setting conditions for conditional supervision (s. 105(1)),
making an order after a review of a breach of conditional supervision (s. 109(2)), or
authorizing disclosure of information about a young person (s. 127(1)).

Section 34(2)(a) seems to significantly narrow the purposes for which an assessment can be ordered and restricts it to instances where the court is reviewing a previous decision via a section 33 application. In practice, however, the courts suggest that section 34(2)(a) should be read to include bail hearings in the first instance. In R v CL (27 February 2014), Vancouver 22805-2-C (BC Youth Div) the Youth Division of the BC Provincial Court noted that restricting section 34 applications to a youth applying to release from detention “leads to an absurd result” because the same considerations apply before there has been a detention. Similarly, in R v CB (13 May 2014), Vancouver 23236-1; 23236-2-A (BC Youth Div) the court recognized that section 34(2), if read narrowly, is inconsistent with other parts of the act. In CB, the court notes that section 34(2) should be read “expansively” so that it applies to “a release from or detention in custody of a young person who is before the court, whether it is by s.33 or by the more general process of arrest”. Both cases indicate that section 34(2)(a) is not limited to applications under section 33.

Only the people described in section 119 of the YCJA can have access to the medical and psychological reports outlined in section 34.

For more information on mental illness and the law, see Chapter 14: Mental Health Law.

6. Victims

Amendments have been made to the Criminal Code to enhance the role of the victim in the criminal trial process. The YCJA also aims to enhance the victim’s role. This is demonstrated by the references to victims’ rights in the general principles of section 3 and the fact that consideration of the harm done to victims and reparations are relevant in youth sentencing (s 38(3)).

BC is at the forefront when it comes to victim rights’ legislation, particularly in relation to the enactment of the Victims of Crime Act, which helps to ensure victims’ views and concerns will not go unnoticed. In 2015, Parliament enacted the Canadian Victims’ Bill of Rights, which guarantees victims’ rights throughout the criminal justice system across Canada. Refer to Chapter 4: Victims for more information.

7. Sex Offenders Information Registration Act

In April 2004, Parliament enacted the Sex Offenders Information Registration Act, SC 2004, c 10 [“SOIRA”], to help police investigate sexual crimes by providing them with up-to-date information from convicted sex offenders. The Act imposes an ongoing reporting process for sex offenders to provide information regarding residence, telephone numbers, employment, education, and physical description.

Section 490.011(2) of the Criminal Code provides that the SOIRA applies to young persons only if they are given adult sentences. Section 7 of the SOIRA allows a sex offender who is under 18 years to choose an adult to be in attendance when they report to a registration centre where information is collected.

8. Forfeiture

Forfeiture amounts may have been set out in an Undertaking or release order. Applications to follow through on the forfeiture are made to the Youth Justice Court (s 134 YCJA). A judge will arrange a hearing to decide if the forfeiture should be allowed or not.