The YCJA is a federal Canadian statute that covers the prosecution of youths who commit criminal offences. It was created in order to ensure that the consequences for young people who break the law are balanced, taking into account the maturity and/or the situation of the young offender. Some people believe that the criminal justice system should punish youths equally to adults, but there are many things to be considered when sentencing a young person for a crime.
The Preamble of the YCJA
The preamble of the YCJA states everything taken into consideration when dealing with a youth offence, such as how “members of society share a responsibility to address the developmental challenges and the needs of young persons and to guide them into adulthood.” (2095 of 2021 Martin’s Annual Criminal Code). This essentially states that it is society’s responsibility to help steer youths in the right direction and to help them navigate the challenging changes of growing up. And when it comes to crime, “communities, families, parents and others concerned with the development of young persons should, through multi-disciplinary approaches, […] provide guidance and support to those at risk of committing crimes.”
Focus on Rehabilitation Over Punishment
When addressing punishment, the YCJA focuses more on rehabilitation for youths who commit crimes, as opposed to the regular Criminal Code, which mainly relies on the principle of punishment for adults. The YCJA “ensures accountability through meaningful consequences and effective rehabilitation and reintegration, and that reserves its most serious intervention for its most serious crimes.” Courts usually like to avoid youth incarceration, because of the negative effects it can have on the youth’s future.
The Negative Effects of Youth Incarceration
According to The Sentencing Project, there is overwhelming evidence to suggest that incarceration can harm the youth’s physical and mental health and impede their educational and/or career success. (www.sentencingproject.org) This type of thing isn’t usually considered in an adult case, because they are (or at least should be) mature enough to understand what they’re doing is wrong, with some exceptions to certain factors like mental health and wellbeing.
Calls for Harsher Sentences
Despite all this research, many people still believe that the YCJA isn’t punishing young offenders nearly enough. In 2006, when the Conservative Harper government came into power, it supported giving harsher sentences to youths that could be used as a deterrent from committing a crime. But the Supreme Court of Canada ruled that “since no basis can be found in the Youth Criminal Justice Act for imposing a harsher sanction than would otherwise be called for to deter others from committing crimes, general deterrence is not a principle of youth sentence under the new regime.”
Concerns About Detention and Bail Conditions
Many others believe that The YCJA is too harsh on young offenders. The John Howard Society believes that there are too many cases where though a youth has not been found guilty of a crime, they are still detained for long periods of time, and have to attend multiple court dates just to find out if they’re suitable for bail. They note that many of these young offenders are later granted bail or even have their charges withdrawn, which makes one wonder why they were detained for so long, or even detained in the first place.
Restrictive Bail Conditions
The John Howard Society (now renamed EnCompass) also has issues with the conditions that can form part of the youth’s release order. They say that “these conditions are frequently restrictive, unrelated to the legislative purposes, and can often lead to new criminal charges even when the original charges that created the conditions are dropped. The result is that some young people end up cycling back through the system repeatedly due to the violation of previous bail conditions rather than because of committing a new crime” (www.myencompass.ca). They believe that having too many restrictive conditions placed on a youth’s bail could lead the youth to accidentally violating these conditions, resulting in them being put back in court.
The YCJA: A Well-Structured System
Despite all these grievances, the YCJA is in all reality a well-structured system that helps youths all over Canada. It gives care to youths with issues that may have led them to committing a crime and works in the young offender’s best interests, protecting their future.
Why Legal Representation Is Essential
All young persons facing criminal charges should obtain assistance from a family lawyer. At BW Law, Danielle Boisvert and Anny Wang are intimately familiar with the YCJA and how Youth Court functions. They can work to obtain the best result for a young person, thereby reducing any long-term effects of criminal offences committed while still a teenager.
BW Law, based in Alberta, specializes in defending charges from sexual assault to traffic violations. Our all-female lawyer team brings over 50 years of combined courtroom experience, maintaining a stellar reputation across courts. We ensure meticulous case management and client relations, offering a free 30-minute consultation to start your defense strategy. Celebrated for never losing a jury trial, we’re your best defense in challenging times. Our practice areas include fraud, workplace investigations, and domestic violence. Contact us at 780-244-5800 to protect your rights and regain peace of mind.