Summary of Youth Criminal Justice Act
Preamble: Because Canada is a party to the Convention on the Rights of the Child, young people have special rights and freedoms in addition to those guaranteed by the Charter. For example, the youth justice system must recognize young people are less mature and more impulsive than adults, young people cannot be expected to exercise the same degree of judgment as adults, and they have not developed the same ability as adults to learn from experience and consistently understand cause and effect.
s. 3: Enhanced procedural protections, conception of time etc., rehabilitation and reintegration, greater dependency of youth and reduced level of maturity.
s. 25: Counsel: right to counsel at any stage of the proceedings and this is paid for by the federal government even if the young person of a parent has money so there is no means test for Legal Aid. The young person also has the right to be assisted by an adult who is not a lawyer.
s. 25(8): Assisted by counsel independent of his or her parent.
s. 27: Parent: Court can require a parent to attend if the Court deems it is necessary or in the best interest of the young person.
ss. 28-31: Bail provisions: reverse onus provisions in the adult system do not exist in the youth system, therefore the onus is always on the crown to show why a young person should be detained, grounds for denying bail are more restricted for youth than adults; s. 31: release to a responsible adult, young person cannot be detained for social reasons (homeless, requires treatment etc). Youth justice system is not a substitute for child welfare, education or health systems.
s. 33: Speak to bail again: Young person has right to speak to bail again if denied by a Justice of the Peace.
s. 34: Assessments: compels young person to participate in the assessment, however significant limitations on who may see the assessment (see s. 119); presumption this is done out of custody;
s. 34(8): right to cross examine author of the assessment.
(BUT: court can withhold assessment from young person).
s. 35: Referral: court may refer young person to a child welfare agency.
s. 37: Appeals: young person has right to appeal conviction, sentence, etc.
ss. 38-42: Sentencing: Court must consider least restrictive sanction; s. 39 gateways to custody (cannot get jail unless offence meets these tests); s. 40 must order pre-sentencing report if considering custody (unless waived); Cross examine author.
s. 48: Sentencing reasons: Court must give reasons for sentence if custody.
s. 52: Weapons prohibition review: young person has right to apply to review weapons prohibition.
s. 57: Youth sentence transfer: young person has a right to apply to transfer youth sentence to different province.
s. 59: Reviews of non-custodial sentences: young person has the right to apply to court to change conditions of non-custodial sentence or to terminate it early.
s. 67: Election: if Crown seeks an adult sentence young person has the right to a trial by jury; Crown bears onus to convince court to impose an adult sentence; notice of intent to seek adult sentence must be made before plea.
s. 76: Placement hearing: right to hearing on placement if convicted as adult.
s. 82: No record on termination: Effect of termination of sentence: no record.
s. 82(3): Employment applications
s. 85: Custody: Two levels of custody; s. 86: procedural safeguards when director determines level of custody; s. 87: young person may apply to review level of custody set by director; s. 90: young person gets a designated youth worker while in custody.
s. 94: Reviews of custodial sentence: right to have court review a custodial sentence every year; right to apply to have custodial sentence reviewed at any other time (review can change level of custody or convert the custody into community supervision).
ss. 102-109: Breach of supervision: right to contest breach, has right to a hearing and has a right to seek change of conditions even if breach established.
s. 110: Right to privacy: Identity not to be published (with some exceptions); young person has the right to publicly identify himself or herself once turn 18 years of age.
s. 119 Access to records: strictly limited to the people set out in this section.