Canada’s Youth Criminal Justice Act

  1. Legal Framework for Youth Offenders in Scarborough
  2. Youth Criminal Justice Principles
  3. Special Considerations in the YCJA Legal Process
  4. Sentencing Considerations in YCJA Convictions
  5. The Importance of Securing Legal Counsel

According to the latest Statistics Canada data, the country’s annual number of youth offender arrests experienced an uptick in 2022, breaking more than 15 years of consecutive declines. Canadian police charged 29,790 youth with criminal offences in 2022, a 5,000-plus increase over 2021 youth crime case numbers. Despite the rise, the figure still represents a 31% decline from the 93,000-plus youth arrested in 2003, when legislators enacted a new young offenders act in Canada.

In Ontario, police charged over 9,000 youth offenders in 2022, almost 2,000 more than in 2021 but still 26% less than the nearly 34,000 youths charged in 2003. Of the 2022 provincial youth offenders, police arrested 2,813 in the Greater Toronto Area.

Statistics Canada’s level of detail does not provide information on how many young offenders Scarborough police arrest every year. However, with practice as youth criminal defence lawyers, we know that youth offenders contribute to Scarborough’s crime rate. Let’s examine how Canada’s Youth Criminal Justice Act (YCJA) addresses young offenders and youth crime and sets parameters for youth sentencing.

Legal Framework for Youth Offenders in Scarborough

Under Canada’s youth law, young offenders in Scarborough and throughout the country face a different criminal justice system than adults when they commit a criminal offence. Youth offenders are subject to prosecution for the same offences as adults. Still in addressing youth crimes, the YCJA modifies the criminal justice system from the initial police interaction to youth court and sentencing guidelines.

The Act applies to any offender between the ages of 12 and 18 and provides them with legal rights and special protections beyond that offered to adults charged with a criminal offence. These expanded rights and special protections include:

  • Right to legal representation at every step of the criminal justice process.
  • Immediate parental notification and parental right to attend all proceedings, including bail hearings.
  • Restrictions on the admissibility of youth statements or confessions.
  • Right to participate in and be informed about all elements of the official proceedings.
  • Higher thresholds for court-ordered pre-trial detention.
  • Greater flexibility in sentencing if convicted (with incarceration deemed a last resort).
  • Safeguards for the offender’s privacy.

Children under 12 cannot be charged or prosecuted under Canadian law because they are legally below the age of criminal responsibility. However, those under 12 who commit serious offences usually face some government intervention designed to rehabilitate them and encourage future lawful behaviour.

Youth Criminal Justice Principles

The YCJA is framed by a Declaration of Principles that guides how the law should be interpreted, with an emphasis on balancing public protection with the needs of the youthful offender. These principles are based on the premise that youth are presumed to be less morally blameworthy than adults. While offending youth should be held accountable, it needs to be done in a way that accounts for their reduced maturity and greater dependency.

Noting that the Act should “be liberally construed,” the principles stress that youth offenders should be held accountable through measures that balance the seriousness of the offence with the offender’s level of maturity. Fair and proportionate accountability should promote the “rehabilitation and reintegration” of young offenders. It should also support crime prevention by referring youth offenders to community programs or agencies capable of addressing the underlying causes of the offending behaviour. Other principles include:

  • Encouraging the offender’s respect for societal values and the “repair of harm done to victims and the community.”
  • Timely action by the criminal justice system to “reinforce the link between the offending behaviour and its consequences.”
  • Meaningful criminal justice system action tailored to the offender’s distinct needs and development level.
  • Involving family, community, social organizations or other organizations in the rehabilitation and reintegration as appropriate.

Special Considerations in the YCJA Legal Process

Based on the YCJA principles, youth who commit first-time, non-violent offences are often eligible for extrajudicial measures that can negate the need for formal youth court procedures. In fact, the YCJA deems such extrajudicial measures as “often the most appropriate and effective way to address youth crime” based on their timeliness and ability to hold the offender accountable. Extrajudicial measures include, but are not limited to:

  • A simple verbal warning from the police.
  • A written caution by police.
  • A written caution from the Crown prosecutor.
  • Referrals to counselling, community programs, or other resources.

Youth offenders arrested for an indictable offence, such as manslaughter, aggravated assault, or burglary, are usually not eligible for extrajudicial measures. However, in some cases, a skilled youth lawyer may be able to convince the Crown to offer a court-approved extrajudicial sanction. This option suspends court action based on compliance with specific terms and conditions. Under this scenario, the youth offender takes responsibility for the offence by successfully performing volunteer work, compensating the victim, and/or participating in specialized programs. Failure to comply with extrajudicial sanction terms results in the resumption of court proceedings against the offender.

Sentencing Considerations in YCJA Convictions

To promote rehabilitation and reintegration into society, if a youth offender is tried and convicted in youth court, the Act requires the sentence to be:

  • Less severe than an adult would receive for the same offence.
  • Similar to sentences handed down to other youth for the same crime.
  • Proportionate to the degree of responsibility by the offender and the seriousness of the offence.
  • The least restrictive alternative.
  • Most likely to promote rehabilitation.
  • Likely to encourage the offender’s acknowledgement and responsibility for the offence’s harm done to society and/or victims.

Based on YCJA principles, youth court judges tend to reserve custodial sentences for violent offenders and serious repeat offenders. Those sentenced to confinement in a youth facility typically face a maximum two-year sentence, except those convicted of murder or other serious offences, who face up to 10 years’ incarceration.

Even for convictions that warrant incarceration, judges will often sentence offenders to deferred or open custody. Offenders serve deferred custody in the community under house arrest or curfew terms. Open custody places offenders in group homes, where they are closely monitored and must follow strict living conditions and rules. Other sentencing options include:

  • Formal reprimand from the judge.
  • Absolute or conditional discharge (used if the judge believes the offender has “learned their lesson” and represents limited risk of reoffending).
  • Counselling and/or participation in youth support programs.
  • Fine (maximum of $1,000).
  • Restitution/compensation to the victim.
  • Personal service to the victim.
  • Community service.
  • Probation

The Importance of Securing Legal Counsel

Youth law is a complex and nuanced component of the criminal justice system that is best navigated with the skills and experience of a criminal law lawyer who has defended youth offenders. A competent youth criminal lawyer can determine whether they can successfully defend the charges in youth court or, barring that option, know how to work with provisions within the YCJA to mitigate the severity of the charges to deliver the most favourable outcome. If the police have arrested you as a young offender in Scarborough, criminal lawyers at Vilkhov Law stand ready to help you successfully navigate the intricacies of Canada’s youth law.

By |2024-03-04T18:25:22+00:00March 4th, 2024|Uncategorized|

5/5 - (3 votes)

Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Criminal Lawyers Association
Toronnto Lawyers Association
Law Society of Ontario
Excellent5.0 Based on 149 reviews fromforrzen Sherzadforrzen Sherzad ★★★★★ Dear Igor, I just wanted to take a moment to express my heartfelt gratitude for everything you’ve done for us. Your hard work and dedication in getting my husband released from jail mean the world to me. I’m so incredibly happy right now, and I truly believe you are the best lawyer ever!Your expertise and support throughout this process have been invaluable, and I can’t thank you enough. I will definitely be referring you to all my friends and family, and I’ll be leaving a 5-star review to share how amazing you are. Thank you again for everything! 🙏🏽🙏🏽🙏🏽🙏🏽❤️❤️❤️❤️❤️❤️ we are so grateful for you thank you so much Igor you saved Jerome life your are truly the greatest!!!Michie FedericoMichie Federico ★★★★★ Igor and his team were absolutely amazing in helping my daughter out with everything. There were easy to get a hold off and there work is absolutely amazing I highly recommend him and his team.Tony OhTony Oh ★★★★★ Absolutely exceptional! My lawyer provided unwavering support, professionalism, and expertise throughout my case. Igor guided me every step of the way, ensuring I felt heard and protected. I couldn’t have asked for a better advocate. Highly recommended!nnn nnnnnn nnn ★★★★★ I'm very glad that Igor Vilkhov was my lawyer in solving my difficult problems. He is a real high-class professional. Thanks to Igor and his team ( special thanks to Daniel Slobodsky). My case was successfully completed. Excellent professional work with positive results. Highest recommendations! Roman M.Richard HyltonRichard Hylton ★★★★★ I cannot thank Igor enough for his amazing service. I was facing a serious charge that felt overwhelming. But Igor’s calm demeanour and level headed approach to my case gave me reassurance.Thanks to his amazing work everything was completely withdrawn, which allowed me to reclaim my life. I feel free to move forward without the weight of this hanging on my head. Thank God for Igor’s services! If you need a criminal lawyer, hire him!Ryan WiltonRyan Wilton ★★★★★ Igor Vilkhov and his associate Joel Prajs has been an absolutely amazing lawyers to work with, they've saved me copious amounts of grief on my legal matters.Their diligence to my matter and their ability to work with me and my schedule were greatly appreciated.I'd give them higher than 5 star rating if I could, my new number 1 lawyer!!Dennis ParkDennis Park ★★★★★ Igor is an absolute fantastic lawyer and I would highly recommend. I was facing some serious charges and Igor not only got all my charges withdrawn, he was very caring and informative through out the whole process. I owe him very dearly for getting me a second chance at life.Jodi HixonJodi Hixon ★★★★★ My name is Gary Hixon I've had Igor as my lawyer, and he did nothing but worked on my case and he got me worried at first , but because of COVID the first time I actually met him was when he hit my case out of the ball park. He's a great man I recommend him too all. Thank you Igor.Big DOWNEYYYBig DOWNEYYY ★★★★★ Greatness!!!! Mr.Igor Vilkhov and his team did a tremendous job on my stabbing case! He saved my life today I was facing years in the penitentiary for assault and he literally got it reduced to 2 years house arrest. He was an absolute pleasure to work with has a great attitude & I highly recommend him to everyone looking for a defense lawyer. He is definitely one of the TOP LAWYERS in Toronto! Thank you so muchTristan SmithTristan Smith ★★★★★ Igor has been a tremendous help and has saved my life, not just metaphorically. I can't think of a better and more competent person (and team) to have behind you! I just walked out of the courthouse acquitted after trial. I was facing five years in jail. Thank you so much.Zabi AkbariZabi Akbari ★★★★★ Mr. Vilkhov represented me in a trial today and I was found not guilty. I am a professional and this caused a lot of emotional turmoil for me. Igor was amazing during the trial, he absolutely nailed it. Thank you for getting my life back.MARK SINGHMARK SINGH ★★★★★ Igor Vilkov, was the calm in a storm that I thought would never pass. Mr Vilkov always made sure to answer all my questions a concerns . When incarcerated Mr Vilkov always kept in touch with my family . Without his expertise I would have never received such a favourable sentence . He was able to get me a non costodaial sentence for 3 serious charges that could have had me locked up for 2 years or more . Mr Vilkov truly cares about his client's a there family and not just about fees . I would recommend Mr Vilkov to anyone who has been charged he is a true professional.Thompson RanjitsinghThompson Ranjitsingh ★★★★★ Very great SA lawyer very reliable .he will do a very good job in getting you acquitted. Thanks a million igorJoshua RJoshua R ★★★★★ Best lawyer out there thank you for fighting my caseLydia RanjitsinghLydia Ranjitsingh ★★★★★ He's a very good lawyers, he got my son charges drop.Thank youthompson “Aaliyah R.” ranjitsinghthompson “Aaliyah R.” ranjitsingh ★★★★★ KK ★★★★★ So thankful that he got the job done and with reasonable pricing, he was so helpful and respectful throughout the whole process. 5 stars well earned.Sami Life Style (SamSam)Sami Life Style (SamSam) ★★★★★ I was facing very serious charges and was represented by Mr. Prajs. Mr. Prajs and the whole team at Vilkhov law vigorously defended me at trial and my charges were withdrawn. I can recommend Mr. Prajs and the whole Vilkhov team to anyone facing serious allegations.Ysabel AtienzaYsabel Atienza ★★★★★ Igor displays a level of professionalism, knowledge and dedication that puts his clients at ease during a very stressful time. His expertise in criminal law is unparalleled. What sets him apart is his unwavering commitment to his clients. He genuinely cares about his clients’ well-being and will go above and beyond for you!Kevin DKevin D ★★★★★ Igor is a great lawyer and has provided valuable guidance throughout my experience with him. He has always been honest and straightforward which I appreciate very much. I would recommend him to anyone looking for a successful outcome.Narmatha SNarmatha S ★★★★★ Igor is a dedicated and intelligent lawyer, known for his commitment to his clients.I've witnessed firsthand his incredible work ethic and professionalism, which sets a high standard in the legal field. His ability to meticulously research cases and articulate arguments convincingly is truly impressive!Fred BalmerFred Balmer ★★★★★ Experience with Vilkhov Law was great, Igor made all my charges get dropped without any issues. I would highly recommend this firm to everyoneDavinder GillDavinder Gill ★★★★★ js_loader

CONTACT US

“Caring, honest, and highly knowledgeable.”

Contact Igor for a Free Consultation!

Please contact us online for a free consultation.
Go to Top