Youth Criminal Justice Act
| Youth Criminal Justice Act | |
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| An Act in respect of criminal justice for young persons and to amend and repeal other Acts | |
| Citation | S.C. 2002, c. 1 |
| Enacted by | Parliament of Canada |
| Date assented to | February 19, 2002 |
The Youth Criminal Justice Act (YCJA, in French Loi sur le système de justice pénale pour les adolescents) is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offences. The YCJA replaced the Young Offenders Act, which was a replacement for the Juvenile Delinquents Act.
The YCJA governs the application of criminal and correctional law to those 12 years old or older, but younger than 18 at the time of committing the offence (Section 2 of the YCJA). Youth aged 12 to 17 may be sentenced as adults under certain conditions, as described later on in the act. The Criminal Code, section 13, states "No person shall be convicted of an offence in respect of an act or omission on his or her part while that person was under the age of twelve years."
The preamble of the YCJA recognizes that youth have rights protected by the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the United Nation's Convention on the Rights of the Child.
The YCJA includes four general principles found in section 3(1).
Subsection (a) addresses the basic principles of the YCJA and the YCJA's intentions on dealing with young offenders and youth crime. More specifically, subsection (a) sets the basic principle that the YCJA attempts to address underlying behaviour, such as pre-existing conditions or circumstances that would lead to an offending behaviour. It also seeks to, above all, reintegrate young persons who commit offences into society through means of rehabilitation.
Subsection (b) incorporates a recognition that young people need to be held accountable for their crimes, and have a greater opportunity to be rehabilitated and reintegrated into society.The criminal justice system for young persons must be separate from that of adults and emphasize the following:
Subsection (c) is meant to reflect social values while taking into account each individual's unique situation. It outlines the parameters within which the measures taken against a youth offender are set:
Subsection (d) describes the special considerations for criminal proceedings against young persons. It highlights four in particular.
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