If a youth who is 14 or 15 years of age receives an adult sentence for either first or second degree murder, he or she will receive a life sentence and be eligible for parole after 5 to 7 years.
If a 16 or 17 year old youth receives an adult sentence for first degree murder, he or she will receive a life sentence and be eligible for parole after 10 years.
If a youth who is 16 or 17 years old receives an adult sentence for second degree murder, he or she will receive a life sentence and be eligible for parole after 7 years.
The Youth Criminal Justice Act does not allow a youth’s name or any information that would identify the youth to be given to the public. This means that a youth’s identity cannot be published or broadcast by the news media. However, there are a number of exceptions to this. The following chart explains when a young person’s name may or may not be made public.
| Offence and Circumstance | Case Outcome/Result | Result regarding Publication |
|---|---|---|
| The youth is charged with a presumptive offence | An adult sentence is given by the judge | Publication is allowed (section 110(2)(a)) |
| The youth is charged with 1st or 2nd degree murder, manslaughter, attempted murder or aggravated sexual assault | Crown gives notice that they will not seek an adult sentence so a youth sentence is automatic | Publication is not allowed (section 65) |
| The youth is charged with a presumptive offence | Crown seeks an adult sentence but the judge gives a youth sentence | Judge may order that publication is not allowed (section 75) |
| The youth is at large and the police have applied for publication | Judge is satisfied that the youth is dangerous to others and the publication is necessary in order to arrest the youth | Publication is ordered, but it is only allowed for a maximum of five days (section 110(4)) |
Original source: Department of Justice Canada. 2002. YCJA Explained: Youth Criminal Justice Act Explanatory Materials
The name of a youth could also become known through the publication of information made in the course of the administration of justice, if it is not the purpose of the publication to make the information known in the community (section 110 (2)(c)).
It is an offence if someone publishes any information that may identify a youth who is involved in the youth justice system. A person who breaks this law can get a punishment of up to two years in prison (section 138).