Criminal law

Other Infosheets

What law applies to an adolescent who is accused of a crime?

When it comes to criminal justice, adolescents (from 12 to 17 years of age) across Canada are subject to a law designed especially for them: the Youth Criminal Justice Act (YCJA).

This means that Valerie’s case will be handled differently than that of an adult accused of exactly the same crime.

Other laws may also apply to her case, along with the YCJA:

• The Criminal Code spells out what sort of acts are considered to be offences under Canadian law;
  
• The Canadian Charter of Rights and Freedoms sets out fundamental rights, some of which have an impact on the evidence the Crown will be allowed to present during trial;
  
• The Controlled Drugs and Substances Act lists substances that are illegal in Canada;
  
• The Canada Evidence Act contains various rules, including those covering testimony.

When is an adolescent subjected to this law?

It is important to note that the YCJA defines an “adolescent” as a person who is at least 12 but not yet 18. In other words, the law only applies to adolescents. One cannot, for example, charge an 11-year-old child under this Act, no matter how serious her actions.

Also, the adolescent will only fall under the YCJA if she is accused of a federal offence (for example, an offence found in the Criminal Code). If the young person meets these criteria and is charged, the proceedings will be initiated before the youth justice court - in Quebec, this is the Youth Division of the Court of Quebec. The YCJA does not apply when the offence has to do with a provincial law or municipal by-law (for example, the Highway Safety Code). This means an adolescent who commits such an offence cannot automatically benefit from the rights set out in the YCJA. However, if the accused is an adolescent, it is possible to request that the proceedings take place before the youth justice court.

What are the main principles of the Youth Criminal Justice Act?

The YCJA has three main goals:

• the prevention of crime;
  
  
• the rehabilitation and reintegration of youth;
  
  
• the accountability of adolescents - this means helping them realize they are responsible for the consequences of their actions.

The YCJA aims to provide long-term protection for society by investing in the positive potential of youth.

Does the YCJA have other objectives?

Yes, the Act sets out a number of other priorities. Here are a few of them:

• The criminal justice system must emphasize sanctions that are both fair and proportional to the seriousness of the offence committed by the youth. Also, sanctions must correspond to the youth’s greater dependency and her level of maturity.
  
  
• The law must be applied promptly, given the rapid development of youth. This means it would be unacceptable for an adolescent who committed an offence at the age of 14 to be tried on this matter when he is 17 years old.
  
  
• The judge’s decision should, as much as possible, encourage the participation of the adolescent’s family in her reintegration into society, as well as the participation of agencies that are specifically created for this purpose.
  
  
• The Act must be applied in a manner that respects the privacy of adolescents. Therefore, steps must be taken to control access to all records concerning them.
  
  
• The Act affords adolescents the right to be heard and participate in all proceedings initiated against them. This means that community workers and actors in the judicial system should never make a decision without the input of the youth involved.
  
  
• During proceedings held under the YCJA, victims should be treated with courtesy, compassion and respect for their dignity. It is never a pleasant experience for a victim to have to recount their story in court. The law says that in as much as it is possible, victims should not be needlessly inconvenienced.
  
  
• Finally, the Act emphasizes the rights of the adolescent’s parents and the victim(s) to be informed of the proceedings and to be heard by the court.