The Youth Criminal Justice Act (YCJA) came into force on April 1, 2003. It governs the justice system for Canadian youth aged 12 to 17 inclusively.

The objective of the YCJA is to ensure that young people are held accountable for their actions, while taking into consideration the principle of fair and proportionate accountability. The sanctions imposed must lead the young person to respect the values of society and repair the harm done, while taking into account their individual circumstances.

Application of the YCJA

To be held criminally responsible for their actions, a young person must be at least 12 years old. If the child is under 12 years of age, police officers can still intervene and document the events in a police report, but they cannot lay charges with the Youth Division Court Office.

As of the age of 18, an individual who commits an offence is subject to the adult criminal justice system. Although a judge may allow a young person to be tried as an adult, these are very rare, if not exceptional cases.

Powers of the police

The YCJA allows police to use extrajudicial measures for crimes deemed to be less serious, which must be fair and proportionate to the offence. Police officers are mandated to analyse the problems of a young person involved in the offence, in order to choose the appropriate measure and encourage the young person not to reoffend.

Based on his or her assessment of the situation, the Service de police de la Ville de Gatineau (SPVG) police officer may decide to:

• take no action;
• issue a warning;
• apply a referral to an alternative justice program or community agency, to which the young person must consent;
• lay charges.

The objectives of such measures include:

• sanctioning the adolescent's offending behaviour quickly and effectively without resorting to the courts;
• encouraging the adolescent to admit that he or she is at fault and repairing the damage caused to the victim and the community;
• giving the victim the opportunity to participate in the handling of the adolescent's case and obtaining redress;
• respecting the rights and freedoms of the adolescent, taking into account the seriousness of the offence.

In making a decision, the police officer will consider the following:

• whether the adolescent recognizes the inappropriateness of the action;
• the adolescent's commitment not to reoffend;
• the adolescent's attitude, age and living environment;
• the victim's views;
• the adolescent's history;
• with whom the adolescent associates;
• the circumstances of the offence.

Crimes that leave traces

In all cases, when a young person commits a criminal offence, a police report must be completed and remain accessible in police databases for the retention period provided for by law, depending on the crime. This report can then be taken into consideration in the police officer's assessment, should another criminal offence be committed.

As soon as a police officer intervenes with a young person in a matter related to the YCJA, he or she is obliged to contact the adolescent's parents or legal guardian to inform them of the nature of the intervention and the measures taken.

If the police officer decides not to apply extrajudicial measures and to proceed by way of indictment, the file is submitted to the Directeur des poursuites criminelles et pénales in the Youth Division Court Office. The Directeur des poursuites criminelles et pénales will decide whether the case goes to court or whether an extrajudicial sanction is applicable.

Relevant sources of information

• Commission des droits de la personne et des droits de la jeunesse 
• Éducaloi
• Government of Canada
• Projet IDJE (Impacts, Dossier, Juvénile, École)
• L'Alternative Outaouais