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Sentencing Young Persons

From Criminal Law Notebook
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This page was last substantively updated or reviewed January 2020. (Rev. # 99477)

General Principles

See also: Youth Criminal Justice

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]

  1. ↑ 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.")
  2. ↑ 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]

– YCJA (CanLII), (DOJ)

Note up: 50(1) and (2)

  1. ↑ see s. 142
  2. ↑ s. 142(2)
  3. ↑ see s. 42(2)

Topics

See Also

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