What is the Youth Criminal Justice Act?

For those of you in search of an understanding of what exactly the YCJA is, or what it even stands for, you’ve come to the right place!

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Youth Criminal Justice Act (YCJA) is the governing code in Canada for youth that came into effect in 2003. It covers the prosecution of your case if you are 12-17 years old at the time a criminal offence was committed. If you are charged after you turn 18, the YCJA is no longer applicable and you will be charged under the Criminal Code of Canada.

Youth Justice Court: In Canada, if you are between the ages of 12-17 at the time the crime was committed, your case will be tried at the Youth Justice Court.

Why does Canada have it? The YCJA focuses on:

•  Helping to put young people who have committed crimes back into society,
• Giving fair sentences consistent with the needs of young  people and their lower level of maturity,
• Giving extra protection to young people, treating them fairly and respecting their right to privacy, and
• Enforcing the law quickly to strengthen the link between the behaviour and its consequences. 

What if I am under 12 years old?

If you commit a crime and you are not 12 years old yet, the YCJA will not apply to you and you are not considered to be criminally responsible. Under Canadian law, persons under the age of 12 years cannot be said to form a criminal intent sufficient for criminal responsibility or a criminal record, if found guilty. The Criminal Code of Canada, section 13, states "No person shall be convicted of an offence in respect of an act or omission on his or her part while that person was under the age of twelve years." However, you may still face consequences, although not penal, for this behavior based on other laws, for example the Child and Family Services Act.

If I commit a crime, can I get a lawyer? If you are between the ages of 12-17 and have been charged with a crime, you do have a right to a lawyer.  Section 25 of the Youth Criminal Justice Act reads:

25.(1) A young person has the right to retain and instruct counsel without delay, and to exercise that right personally, at any stage of proceedings against the young person and before and during any consideration of whether, instead of starting or continuing judicial proceedings against the young person under this Act, to use an extrajudicial sanction to deal with the young person.

(2) Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer or the officer in charge, as the case may be, of the eight to retain and instruct counsel, and be given an opportunity to obtain counsel.

This means that youths who are arrested or detained for any reason must be told of their right and be given the opportunity to obtain a lawyer before any lawful procedures are conducted.

Will my parents find out if I commit a crime? 

Under section 26(1) of the Youth Criminal Justice Act, the officer in charge of the arrest or detention of a youth must give notice to a parent either orally or in writing as soon as they possibly can.

Will my classmates find out if I commit a crime? 

Section 110 of the Youth Criminal Justice Act outlines privacy in relation to the identity of young offenders, access to their criminal records, and disclosure of their personal or trial information. Trial information can be published in media or print but identifying information (ie your name) about young offenders cannot be. 

To take a look at the Youth Criminal Justice Act, click here

For more information on YCJA and your rights as a youth, check out our legal information pamphlets: 

Know Your Rights: http://www.jfcy.org/ycj.html 

Youth Guide to Court: http://jfcy.org/PDFs/Charged_March2012.pdf 

If you are a youth charged with a crime, you can call JFCY at 416.920.1633 or 1.866.999.5329 to speak with a lawyer.

This blog post was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer.

I have a youth record. What happens to it when I turn 18?

It depends.

 

Your youth record does NOT automatically disappear when you turn 18. Instead, the law sets out a period in which the record is open and can be accessed by people that are authorized by the law, like the Crown Attorney, before it is sealed. The relevant law is called the Youth Criminal Justice Act. 

How long your record will lasts will depend on:

• 1.      The seriousness of the crime you committed
• 2.      The sentence you were given, AND
• 3.      Whether you commit another crime while you still have an open youth record for a previous crime.

If you get an Absolute Discharge, then your record for this offence will be open for one year after being found guilty of the offence.  If you receive a conditional discharge, then your record for this offence will be open for three years after being found guilty.  If you get EJS (extrajudicial sanctions) then this will be on your record for two years from the date you agree to do EJS.

For more serious sentences (like probation and custody), the length of time your record is open depends on the seriousness of the crime. For instance, if you were found guilty of a summary conviction offence, which is a lower level offence, then your record will be open for three years after you complete your sentence.  But if you are found guilty of a more serious offence, known as an indictable offence, your record will be open five years after your sentence is completed.  

And if you committed a really serious offence, like murder, manslaugher, attempted murder or aggravated sexual assault, your record may be open indefinitely.  

If you have an open youth record and then are found guilty of a new crime while charged as a youth, then the time period starts fresh: this means that the original offences will be open until the retention period for the new offences is complete.

Finally, if you have a youth record that is still open when you turn 18, and you commit another offence before it is sealed, your youth record will become part of your permanent adult record.

For more on youth records, go to http://www.jfcy.org/ycj-records.html

To talk to a lawyer about your own record and questions you have about when it will be destroyed, please call JFCY at 1.866.999.5329 if you are in Ontario.

This post was written by JFCY volunteer Krista Nerland, a law student at UofT.  Reviewed by JFCY.

Teenage Drunk Driving

Scenario:

Johnny,17, was at a party at the start of the summer and he wanted to celebrate. At this party they were serving alcoholic drinks. Johnny had 6 beers to drink. After some dancing, he decided to go home because he had a 2 AM curfew.

Johnny: I need to get home before 2am or my parents are going to be so mad!

Sam: You can’t drive home you had a lot to drink.

Johnny: It’s okay dude, I can handle it. My place is only a 15 minute drive away.

Sam: I really don’t think you should drive, you can’t even walk in a straight line.

Johnny: Dude, seriously relax, I will be fine

Sam: Alright, if you say so. Call me when you get home.

Johnny: Peace!

Did Sam handle the situation well? Since Johnny was intoxicated, Sam could have taken matters into his own hands and taken Johnny’s car keys away.

As Johnny was driving home, he saw sirens in his rear view mirror, it was the police. Johnny pulled over and waited for the police officer to approach his vehicle. Johnny was very afraid at this moment because he was worried about being charged with some form of drunk driving offence.

Officer: Can I see your license and registration please?

Johnny: Yes, you can.

Officer: You smell like alcohol. Have you been drinking tonight?

Johnny: I had a little bit to drink Officer.

The police asked him to submit to a breathalyzer sample. Not wanting to get in any more trouble, Johnny complied and blew into the breathalyzer. His blood alcohol content revealed that he had more than 80 mg of alcohol per 100 millilitres of blood. The officer arrested Johnny on the spot and he is now concerned about the legal ramifications of what he has done.

The Law: Impaired Driving and Driving with Blood Alcohol Over 0.08

There are a number of legal issues at work here. This blog post post focuses on drunk driving. Please read other JFCY posts on underage drinking; see also Concerts and Underage Drinking, and on what happens if you drive with alcohol in your system on a G2 license.

Across Canada, it is a criminal offence to operate a vehicle while impaired by alcohol or drugs and/or while having a blood alcohol content of 80 milligrams of alcohol in 100 millilitres of blood or more  (called “0.08”).

With high blood alcohol levels, adults and youths may be charged with impaired driving. Impaired driving, which means driving while your ability is affected by alcohol or drugs, is a crime under the Criminal Code of Canada under Section 253(1)(a). Driving with a blood alcohol content of 0.08 or more is also a crime under Section 253(1)(b). Your vehicle does not even have to be moving; you can be charged if you are impaired behind the wheel, even if you have not started to drive. If convicted or found guilty, you will be sentenced by a court.  

It is also a criminal offence to refuse to provide a breathalyzer sample without a reasonable excuse. Not knowing you have to provide a sample, or saying that a lawyer told you not to blow for a breathalyzer are NOT reasonable excuses. This is covered by Section 254 of the Criminal Code which also explains how the breathalyzer process works.

Since Johnny is a youth, between the ages of 12 and 17, the Youth Criminal Justice Act applies to him. As a result it is not possible to predict as clearly what sentence he could get if found guilty. However, this also changes the way the police officer must interact with Johnny. For example, s. 146 of the YCJA imposes a different standard for obtaining evidence, not binding youth to certain written and/or oral statements that were obtained when the youth didn’t have the opportunity to speak with a parent and/or alawyer.  Also, police must speak to youth using words that the youth is able to understand.  

Please note that there are additional penalties related to the Highway Traffic Act in Ontario that will apply. Please see the JFCY blog post on G2 license offences for more information.

Now although this scenario didn’t turn out fatal, it is very possible it may have. Johnny might have killed someone on his way home. This is one fatally which happened in Toronto recently. This was the end result...

The scenario and conclusion were written by PLE Team volunteer Diana Rozo (a York U student).  Legal info was written by JFCY summer law student Jeremy Ozier and reviewed by JFCY. 

Talking to the police

It’s around midnight. You are walking home from your friend’s house and you see some police officers coming down the street towards you.  They walk up to you and start talking to you. You feel pretty nervous and fear that you are going to get in trouble.

This post will discuss the rights you have in similar police scenarios. It is important to remember that the police have to act within the law when they are doing their jobs. This means that there are limits on when they can search you and when you are required to answer questions.

Police powers are outlined in the Criminal Code of Canada, Youth Criminal Justice Act and the Police Services Act.

Can the police ask me my name, address and age or for a piece of identification when I am walking down the street?

A police officer can ask you these things, but you have the right to refuse to answer. Unless they have reason to believe you are involved in a particular crime, the police have no right to forcibly stop you.

BUT: If a police officer does ask you questions, it is sometimes smart to answer them politely.  Then ask the police officer why he or she wants to talk with you. If the police believe you have committed an offence, they will sometimes let you off with a warning, but if you do not give your name, address, and age, they might feel that they must detain or arrest you to get this information. You should ask the police officer if you are under arrest!

Can the police ask me other questions?

Yes, but you do not have to answer them. Youth under the age of 18 have the right to a parent or trusted adult to be present during interrogation.

When can I be searched?

If the police have reason to believe you are involved in a particular crime, the police can detain you for a search.  BUT unless they say you are under arrest, all they can do is a protective, pat-down search.

The police can search you if you are arrested.

When can the police use force against me?

The police can use as much force as is required to enforce the law, to stop someone who is being arrested from escaping (if there is no less violent way to stop them), and to prevent a serious crime.  They CANNOT use force to make you answer questions or give a statement.

What do I do if I think the police have treated me badly?

There are a few things you can do if this happens to you.

You can:

·                     Talk to a lawyer immediately;

·                     Go to your doctor if you have any cuts and bruises and get copies of related medical records;

·                     Take pictures of any visible injuries;

·                     Notice whether there are any witnesses and try to obtain their name and telephone number so they can be called, if needed;

·                     Obtain and document the police officer's name and badge number. If you cannot get this information, take note of the police car number/ license plate, and the time of day;

·                     Once you are arrested,  get someone you know and trust to be with you as soon as possible;

·                     As soon as you are released by the police, write out a description of what happened, and then sign and date your report;


Then talk to a lawyer about what options you have to make a complaint.

For more information check out JFYC' s pamphlets on your rights:

A Legal Guide to Your Rights and Responsibilities For People Under 18

Guide to Youth Criminal Court in Toronto 

If you are a youth in Ontario and have legal questions about this issue, please contact a lawyer at JFCY at 416-920-1633, or toll-free at 1-866-999-5329.  

Thanks to Krista Nerland, a PLE Team Member for writing this post. Krista is a law student at U of T. The post was edited by JFCY Volunteer, Sarah Mehta Alexander LLM Candidate. Legal information was reviewed by JFCY.