Provincial Offences: Youth Justice Act (2:IV)

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

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

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/Guardians

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 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)).

C. Sentencing

1. General

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 sentences available to the court are:

• Absolute or conditional discharge (YJA s 8(2)(a));
• Fine of up to $1,000 (YJA s 8(2)(b));
• 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 up to 6 months (YJA s 8(2)(d));
• 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);
• 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);
• 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 convicted of the same offence (YJA s 8(5)).

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

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)).

D. Special Concerns

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 (YJA s 4(1)). See Section III.K.2: Publication of a Young Person’s Identity above.

2. Records

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.

© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.