Introduction to Youth Justice (2:I)

From Clicklaw Wikibooks
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.