Youth Criminal Lawyer in Toronto

What is the Youth Criminal Justice Act?

The Youth Criminal Justice Act is the legislation that governs how youth offenders are dealt with in the Canadian criminal justice system. Section 3 of the YCJA sets out the guiding principles of the legislation. Like the Criminal Code, its main purpose is to protect society. To accomplish this goal the YCJA aims to hold youth offenders accountable for their actions through measures appropriate to the severity of each criminal offence and the degree to which the offender is responsible for their actions.

The measures the YCJA has available to it are much broader than those available to adult offenders, often not even requiring formal judicial involvement. This is because the YCJA prioritizes the rehabilitation of youth offenders and the prevention of further crime through referring young persons to community programs designed to address the underlying reasons contributing to criminal behaviour.

What is the Maximum Sentence a Youth Offender can Receive?

The maximum sentence varies depending on the type of offence committed and the circumstances of the youth offender. In some cases, the maximum sentence is two years. For more serious offences such as some assaults, sexual assaults, or attempted murder, the maximum increases. The absolute maximum custodial sentence a youth offender can receive is 10 years in connection with a first-degree murder charge. It is worth noting that a youth offender will not serve the entirety of their sentence in custody. Section 42(2) of the YCJA mandates that around half of a sentence must be served within the community under supervision.

If a youth offender is aged 14 or older and commits a serious violent offence such as murder, manslaughter, or aggravated sexual assault, they may be sentenced as an adult. Crown attorneys have an obligation to consider requesting an adult sentence in those circumstances. If a judge agrees, the youth offender will be sentenced under the Code. However, the offender will begin serving their sentence in a youth jail until such times as they turn 18 and are transferred to an adult prison.

Would a Youth Offender in Toronto be Charged Under the Criminal Code? 

Youth offenders are charged under the Code because it is that legislation that contains every criminal offence under Canadian law. The Code contains offences split into many different categories including offences against persons, property, or public morals. Each offence is dealt with differently, as theft cases are fundamentally different from sexual assault cases. Although, the severity of an offence depends on the facts of each individual case. Once a youth offender has been charged, the case is placed under the jurisdiction of the YCJA. This means that while young people are be charged with offences under the Criminal Code, the processes and procedures related to prosecuting and sentencing young people come from the YCJA.

The YCJA creates the Youth Justice Court and its procedures to handle youth offender cases. The youth criminal justice system is designed to be separate from its adult counterpart because of the unique circumstances created by youth offenders. The legislation specifically highlights that young offenders are less morally blameworthy for their actions, have a greater need for dependency because of a lack of maturity, and require stronger protections for their rights which includes their right to privacy.

The youth criminal justice system emphasizes the need for timely intervention in criminal matters because of a young person’s altered perception of time. Its measures are meant to rehabilitate offenders by enforcing consequences that are constructive and meaningful to each offender, support societal values, and encourage repairing the harm done. The system is also sensitive to the diversity of each offender and must protect their rights while giving them an opportunity to meaningfully participate in the process.

Are Youth Offenders Sentenced the Same as Adults?

Youth offenders are not sentenced the same as adult offenders. However, there are several shared elements in sentencing both youth and adult offenders. Sections 38 of the YCJA and 718 of the Code outline the main principles of sentencing. The primary similarity between the two is the goal of rehabilitating the offender. Both types of offenders are also entitled to the least restrictive sentence that is appropriate to the severity of the committed offence. To a certain extent, both sentencing processes also act to denounce criminal behaviour and attempt to deter the offender from reoffending.

The main difference in sentencing is that youth court has a greater variety of sentencing options available that reflect the system’s dedication toward rehabilitation. Youth offenders will often be given access to community services, a number of which would be available to offenders from Toronto. Terms of imprisonment are rare in youth cases and are typically reserved for violent or repeat offenders. This reflects the idea that youth offenders cannot be held to the same standard of responsibility as adult offenders because of their lack of maturity. When sentencing adult offenders, most times it is understood that offenders fully appreciate the consequences of their behaviour. This means the criminal justice system must protect society where necessary by prioritizing the denunciation of serious criminal conduct and more commonly imposing prison sentences to separate offenders from the community.