The Youth Criminal Justice Act (YCJA), enacted in 2003, is the primary legislation governing the
prosecution of young persons, between the ages of 12 to 17, who commit criminal offences in Canada.
Replacing the earlier Young Offenders Act (YOA), the Youth Criminal Justice Act establishes a distinct
criminal justice framework for youth, emphasizing rehabilitation, reintegration, and proportionality while
balancing public safety and accountability.
The Youth Criminal Justice Act Section 3 Guiding Principles
- Proportionality: Consequences must reflect the seriousness of the offence and the youth’s degree of responsibility.
- Rehabilitation and Reintegration: The system prioritizes helping youth reintegrate into society through support and interventions.
- Reduced Culpability: Youths have diminished maturity and moral judgment, requiring a different approach than adults.
- Timely Intervention: Proceedings should be immediate to maximize impact on youth behaviour.
- Fairness and Rights: Youths have the same Charter rights as adults with additional protections due to their vulnerability.
- Alternatives to Custody: Extrajudicial measures are available for minor offences to avoid formal prosecution. In certain cases, the youth may need to admit guilt to participate in extrajudicial measures.
- Public Protection: Serious offences may require custodial sentences to ensure community safety.