INTRODUCTION

The Youth Criminal Justice Act became law on April 1, 2003. The Canadian government created the Act to respond to young people who get into trouble with the law. The Act outlines how police, alternative programs, the court system and the corrections system will respond to a youth who is accused or found guilty of breaking the law.

The Youth Criminal Justice Act is also called the YCJA. In this handbook, the YCJA is also referred to as the Act.

Words that are in BOLD TYPE are explained in the glossary

To Whom Does the Act Apply?

The YCJA applies to all young persons in Canada who are 12 to 17 years of age. This means that the law applies to youth the day they turn 12 and continues to apply until the day they turn 18. The Act will also apply to young people over the age of 18 IF the offence was committed while they were still under 18.

To Whom Does the Act Not Apply?

The YCJA does not apply to youth under the age of 12. A child who is not yet 12 and commits a crime will not go through the youth justice system. However, there may still be consequences for the child as a result of what they have done. The police, people in the community, the school and/or the parents or guardians may be involved in making sure that the child understands what he or she has done, how it has affected other people and what the child is expected to do about it. If the crime is serious enough, a social worker may get involved. In some cases, for the child’s safety or for the safety of the community, the child may be removed from their home to reside and be cared for in a court determined location.

What Kinds of Offences Does the YCJA Cover?

The Youth Criminal Justice Act applies to federal offences. Federal offences are created or defined by federal laws and regulations. These are the laws made by the Government of Canada. Two examples of federal laws are the CRIMINAL CODE OF CANADA and the CONTROLLED DRUGS AND SUBSTANCES ACT.

Other offences, such as not wearing a bike helmet or cleaning up after your pet, are defined by provincial laws and municipal by-laws. Both of these levels of government have their own laws that apply to youth if they commit provincial or municipal offences.

This Handbook is solely about the federal law that deals with youth crime – the Youth Criminal Justice Act.