Sentencing Young Offenders
| This page was last substantively updated or reviewed January 2020. (Rev. # 99234) |
General Principles
The YCJA creates a separate legal system for youths. The reason for this is that young people are particularly vulnerable, less mature, and have a reduced capacity for moral judgment. Accordingly, they are presumed to have a diminished moral blameworthiness and culpability.[1] Part IV of the YCJA (s. 41 to 82) addresses the sentencing of young offenders.
- Legislative Interpretation
The YCJA should be interpreted "purposively" and through a "lens of the applicable youth criminal justice legislation."[2]
- ↑
R v B(D), 2008 SCC 25 (CanLII), [2008] SCC 25, per Abella J, at para 45 ("...the approach to the sentencing of young persons is animated by the principle that there is a presumption of diminished moral culpability to which they are entitled.")
- ↑
R v FN (Re), 2000 SCC 35 (CanLII), [2000] 1 SCR 880, per Binnie J, at paras 23 to 27
R v RC, 2005 SCC 61 (CanLII), [2005] 3 SCR 99, per Fish J, at para 45
Principles of Interpretation
Jurisdiction
See Jurisdiction of the Courts
History
From 1908 to 1984 youth sentencing was governed by the Juvenile Delinquents Act. This Act was replaced by Young Offenders Act in 1984 and remained in force until 2003. Finally, in 2003 the Youth Criminal Justice Act was brought into force.
Relationship with the Criminal Code
The relationship of the YCJA and the Criminal Code is addressed in ss. 140 to 142. The Criminal Code applies equally "except to the extent that it is inconsistent with or excluded by this Act" (s. 140).
Part XXVII of the Code regarding the procedure for summary conviction offences applies to prosecutions under the YCJA except where inconsistent with the YCJA.[1] Indictable offences are to be prosecuted under the procedure of indictable offences.[2]
The consequence of this is that the sentencing options are significantly different from the adult options of sentence as the YCJA explicitly outlines the available sentences for all young offenders.[3]
- Part XXII re Sentencing Does Not Apply
- Application of Part XXIII of Criminal Code [Pt. XXIII – Sentencing (ss. 716 to 751.1)]
50 (1) Subject to section 74 (application of Criminal Code to adult sentences), Part XXIII (sentencing) of the Criminal Code does not apply in respect of proceedings under this Act except for paragraph 718.2(e) (sentencing principle for aboriginal offenders), sections 722 (victim impact statements), 722.1 (copy of statement) and 722.2 (inquiry by court), subsection 730(2) (court process continues in force) and sections 748 (pardons and remissions), 748.1 (remission by the Governor in Council) and 749 (royal prerogative) of that Act, which provisions apply with any modifications that the circumstances require.
- Section 787 of Criminal Code does not apply
(2) Section 787 (general penalty) of the Criminal Code does not apply in respect of proceedings under this Act.
[annotation(s) added]
Topics
- Extrajudicial Measures for Young Offenders
- Principles and Purposes of Youth Sentencing
- Factors of Youth Sentencing
- Dispositions for Young Offenders
- Adult Sentences for Young Offenders
- Homicide Sentencing for Young Offenders
- Procedure for Sentencing Young Offenders
- Young Offenders (Sentencing Cases)
- Publication Bans Relating to Youth Prosecutions
Review of Sentences
A non-custody sentence can be reviewed after 6 months or earlier is granted leave by the court. (s. 59(1))
A custody sentence can be reviewed after 1 year.(s. 94)
Misc YCJA Sentencing Provisions
- Interprovincial arrangements
58 (1) When a youth sentence has been imposed under any of paragraphs 42(2)(k) to (r) in respect of a young person, the youth sentence in one province may be dealt with in any other province in accordance with any agreement that may have been made between those provinces. Youth justice court retains jurisdiction (2) Subject to subsection (3), when a youth sentence imposed in respect of a young person is dealt with under this section in a province other than that in which the youth sentence was imposed, the youth justice court of the province in which the youth sentence was imposed retains, for all purposes of this Act, exclusive jurisdiction over the young person as if the youth sentence were dealt with within that province, and any warrant or process issued in respect of the young person may be executed or served in any place in Canada outside the province where the youth sentence was imposed as if it were executed or served in that province.
- Waiver of jurisdiction
(3) When a youth sentence imposed in respect of a young person is dealt with under this section in a province other than the one in which the youth sentence was imposed, the youth justice court of the province in which the youth sentence was imposed may, with the consent in writing of the Attorney General of that province and the young person, waive its jurisdiction, for the purpose of any proceeding under this Act, to the youth justice court of the province in which the youth sentence is dealt with, in which case the youth justice court in the province in which the youth sentence is dealt with shall have full jurisdiction in respect of the youth sentence as if that court had imposed the youth sentence.