What law governs young offenders in Canada?
The Youth Criminal Justice Act (YCJA) applies to youths aged 12 to 17 at the time of the offence. It emphasizes rehabilitation and reintegration, holding youth accountable through proportionate measures, and using the least restrictive response. Children under 12 cannot be charged criminally.
What are extrajudicial measures?
Extrajudicial measures are ways of dealing with less serious youth offences outside formal court: police warnings, cautions, referrals to community programs, and extrajudicial sanctions. The YCJA presumes these measures are adequate for first-time, non-violent offences, avoiding a charge and record.
Can a youth be sentenced as an adult?
Yes, but only in limited cases. For serious violent offences committed at age 14 or older, the Crown may seek an adult sentence. Since 2012 the onus is on the Crown to justify it, and the court must be satisfied a youth sentence would not hold the young person accountable. Most youth are sentenced under youth provisions.
Do youth criminal records disappear?
Youth records are subject to strict access rules and protected privacy. Depending on the offence and disposition, the record becomes inaccessible after a set crime-free period (for example, a few years after completing the sentence), effectively sealing it, provided no further offences are committed within that window.