Introduction to Youth Justice (2:I): Difference between revisions

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{{REVIEWED LSLAP | date= August 14, 2024}}
{{LSLAP Manual TOC|expanded = youth}}
{{LSLAP Manual TOC|expanded = youth}}


== A. LSLAP and Youth Justice ==
The ''Youth Criminal Justice Act'', SC 2002, c 1 (“''YCJA''”) was enacted on April 1, 2003 after decades of evolution in how the legal system understands young persons. The YCJA recognizes that youths have rights under the ''Canadian Charter of Rights and Freedoms'' (“''Charter''”), the ''Canadian Bill of Rights'' SC 1960, c 44, and the United Nations ''Convention on the Rights of the Child'' (“UN''CRC''”)The ''YCJA'' aims to establish a youth criminal justice system which upholds those rights, while still performing its fundamental purpose of protecting the public.
LSLAP students cannot represent persons less than 18 years of age. If the client is a young person, aged 12 to 17 years, he or she should be referred to the Legal Services Society (LSS). The LSS provides legal services for young persons, regardless of income. See <big>'''Section III.C: Right to Counsel.'''</big> LSLAP students may not be able to represent clients with serious criminal records. However, clients who only have a juvenile record are considered first-time offenders for the purposes of this restriction.  


== B. History of Legislative Changes ==
Section 3 of the ''YCJA'' sets out the following guiding principles for the youth criminal justice system:
Before the 19th century, there was little legal recognition of the special needs of children and youth. Children convicted of offences were punished the same as adults. The 19th century saw a growing understanding of childhood. In 1857, the first Canadian act to separate young persons from adult offenders was enacted. In 1908, the ''Juvenile Delinquents Act'', SC 1908, c 40 [“JDA”] was enacted. The ''JDA'' created a  juvenile justice and corrections system with a ''parens  patriae'' philosophy. Juvenile offenders were believed to be similar to those who were abandoned or neglected. Under the ''JDA'', children were subject to “delinquency proceedings” for violating federal, provincial, or municipal law. These courts operated informally to avoid technicalities from interfering with treatments considered to be in the child's best interests. The ''JDA'' was an improvement over the harsh treatment inflicted on youths; however, it was applied arbitrarily or discriminatorily depending on the juvenile's race, class and gender.
*Protecting the public by holding youth accountable, promoting young persons’ rehabilitation, and utilizing community crime prevention programs (s 3(1)(a));
*Separating the youth criminal justice system from the adult system, to recognize youths’ “diminished moral blameworthiness or culpability” for their actions (s. 3(1)(b));
*Promoting “fair and proportionate accountability” by taking measures against young persons which respect societal values, repair harm, account for young persons’ individual circumstances, and respect their social and cultural statuses (s 3(1)(c)); and
*Recognizing the unique rights of all parties involved in the youth criminal justice system, including young persons, victims, and parents (s 3(1)(d)).


By the 1960s, the ''JDA'' was undergoing public criticism, particularly for its highly discretionary regime, which gave judges, police, and correctional officials broad powers to deal with youths according to their own perceptions of a child’s “best interests”. Thus, Parliament enacted the ''Young Offenders Act'', RSC 1985, c Y-1 [“YOA”], which governed juvenile criminal law from 1984 to 2003. The Act applied to youths charged with specific offences under the ''Criminal Code'', RSC 1984, c C-46 [“CC”] and other federal  law.  While  the ''YOA''  considered  the  individual  circumstances  of  young personsit also purported to better protect society against violent youths. The Act also gave more recognition of juvenile  legal  rights,  established  a  uniform  national  age  jurisdiction,  safeguarded  against the infringement of the basic rights guaranteed under the ''Canadian Charter of Rights and Freedoms'' (Part I of the ''Constitution Act'', 1982, being Schedule B to the ''Canada Act'' 1982 (U.K.), 1982 c. 11 [“Charter”]), and increased protection for young persons by creating the requirement of parental notification upon arrest, rights to legal representation, and the availability of the insanity defence to youth charged with offences.
The ''YCJA'' encourages judges to impose non-custodial sentences on young persons where it is consistent with the general principlesCustodial sentences are not prohibited under the ''YCJA'' but are meant to be imposed only after a sentencing judge has considered all other alternatives (s 39). Sentences generally include educating the offender about the impact of their crime and focusing on repairing the damage or paying back society in a constructive manner.


As of April 1, 2003, the Youth Criminal Justice Act, SC 2002, c 1 [“YCJA”] came into effect and replaced the previous YOA. The YCJA recognizes that youths have rights under the Charter, the Canadian Bill of Rights S.C. 1960, c 44, and the United Nations Convention on the Rights of the Child [“UNCRC”], which Canada signed and ratified in the early 1990s. The YCJA preserves many of the elements of the YOA; however, it focuses on three key objectives to better protect the public: (1) preventing youth crime by addressing underlying causes; (2) meaningful consequences  for  offences;  and  (3) increased  focus  on  rehabilitation  and  reintegration  for youth returning to the community (YCJA, s 3). The YCJA also encourages judges to impose non-custodial sentences  on young  persons  who are found guilty  under  the Act where  it is consistent  under  the general  principles. This does  not  mean  that  it  seeks  to  prohibit custodial  sentences, but  rather  to ensure that such measures are the last option.
Victims play a significant role in the youth criminal justice system.  While victims have no formal rights per se, as they are not a party to criminal proceedings, the ''YCJA'' mandates that victims be “treated with courtesy, compassion, and respect for their dignity and privacy” (s (3)(1)(d)(ii)). Victims must also be kept informed on the process, have the opportunity to participate and be heard in the process, and be minimally inconvenienced by their participation in the process (s (3)(1)(d)(ii)-(iii)).
 
In some respects, BC legislation dealing with victims of crime has already incorporated a number of these principles, particularly in the [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96478_01#:~:text=2%20All%20justice%20system%20personnel,orientation%2C%20political%20belief%20or%20age. ''Victims of Crime Act'', RSBC 1996, c 478]. Federally, the [https://laws-lois.justice.gc.ca/eng/acts/c-23.7/page-1.html. ''Canadian Victims Bill of Rights'', SC 2015, c 13, s 2 (“''CVBR''”)] guarantees various rights for victims of crime, including the right to information about the criminal justice system and their right to have their security and privacy considered by the appropriate authorities in the criminal justice systemFor more information on victims’ rights, and resources for victims of crime see '''Chapter 4: Victims'''.
 
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Latest revision as of 18:32, 21 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 14, 2024.



The Youth Criminal Justice Act, SC 2002, c 1 (“YCJA”) was enacted on April 1, 2003 after decades of evolution in how the legal system understands young persons. The YCJA recognizes that youths have rights under the Canadian Charter of Rights and Freedoms (“Charter”), the Canadian Bill of Rights SC 1960, c 44, and the United Nations Convention on the Rights of the Child (“UNCRC”). The YCJA aims to establish a youth criminal justice system which upholds those rights, while still performing its fundamental purpose of protecting the public.

Section 3 of the YCJA sets out the following guiding principles for the youth criminal justice system:

  • Protecting the public by holding youth accountable, promoting young persons’ rehabilitation, and utilizing community crime prevention programs (s 3(1)(a));
  • Separating the youth criminal justice system from the adult system, to recognize youths’ “diminished moral blameworthiness or culpability” for their actions (s. 3(1)(b));
  • Promoting “fair and proportionate accountability” by taking measures against young persons which respect societal values, repair harm, account for young persons’ individual circumstances, and respect their social and cultural statuses (s 3(1)(c)); and
  • Recognizing the unique rights of all parties involved in the youth criminal justice system, including young persons, victims, and parents (s 3(1)(d)).

The YCJA encourages judges to impose non-custodial sentences on young persons where it is consistent with the general principles. Custodial sentences are not prohibited under the YCJA but are meant to be imposed only after a sentencing judge has considered all other alternatives (s 39). Sentences generally include educating the offender about the impact of their crime and focusing on repairing the damage or paying back society in a constructive manner.

Victims play a significant role in the youth criminal justice system. While victims have no formal rights per se, as they are not a party to criminal proceedings, the YCJA mandates that victims be “treated with courtesy, compassion, and respect for their dignity and privacy” (s (3)(1)(d)(ii)). Victims must also be kept informed on the process, have the opportunity to participate and be heard in the process, and be minimally inconvenienced by their participation in the process (s (3)(1)(d)(ii)-(iii)).

In some respects, BC legislation dealing with victims of crime has already incorporated a number of these principles, particularly in the Victims of Crime Act, RSBC 1996, c 478. Federally, the Canadian Victims Bill of Rights, SC 2015, c 13, s 2 (“CVBR”) guarantees various rights for victims of crime, including the right to information about the criminal justice system and their right to have their security and privacy considered by the appropriate authorities in the criminal justice system. For more information on victims’ rights, and resources for victims of crime see Chapter 4: Victims.

© Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society.