The Youth Criminal Justice Act: An Overview.

• Author: Davison, Charles

Young persons who commit crimes must be held accountable, but in Canada (as in most other western democracies), because of their age, we approach "youth crime" differently than how we approach crimes committed by adults. In keeping with international standards and scientific understanding, young persons--under the law, those between 12 and 18 years of age--cannot be held to the same standards and expectations as adults. Therefore, we have a separate law, now the Youth Criminal Justice Act (the "YCJA"), to govern how we respond to young persons who commit criminal offences.

Historically, children who committed offences were treated as "delinquents" in need of corrective direction. Under the Juvenile Delinquents Act (the "JDA"), children who came into conflict with the law had few procedural protections. For example, the age when young accused were sent to the adult courts varied across the country, and often, between genders. In some provinces, boys aged 16 or 17 would be prosecuted and sentenced as adults while girls more often continued to be treated as children until they turned 18. Actual "trials" were rare under the JDA. More often, a private informal hearing was held where the child had few rights. Following the hearing, a child might be sent to an "industrial school" (despite the name, essentially a jail or prison for young persons), placed into a foster home, or put on probation.

In 1982, Parliament replaced the JDA with the Young Offenders Act. Since then, although there have been changes in aspects of the youth court system, the same principles and goals have generally continued and are now found in the YCJA. Young persons charged with criminal offences have enforceable rights similar to those of adult accused persons, including the right to have lawyers assist and represent them. They have input into the proceedings separate and apart from what their parents or other caregivers might offer. Children who are alleged to have committed offences are not treated differently based upon gender or where they live in Canada.

Rehabilitation of young persons who have gotten into trouble is the main goal of the law. The range of punishments and penalties is somewhat broader than what might be considered for adults who have committed crimes, in recognition of the special needs and challenges of youth. At the same time, the legislation also confirms that victims and society at large require protection from criminal conduct, and the damage and...