The New Youth Criminal Justice Act

February 2001

As promised in Red Book III and stated in the January 2001 Speech from the Throne, the Minister of Justice has re-introduced the Youth Criminal Justice Act -- a pillar in our Youth Justice Renewal Strategy.

The Strategy seeks to address the public’s need for a system that promotes accountability, responsibility, rehabilitation, respect and fairness.

It has built-in flexibility sought by the provinces to accommodate their unique needs and differences in approach as they work to achieve the objectives of the Youth Justice Strategy.

Key Elements of the Bill:

• Prevention to address the root causes of crime and encourage community efforts to reduce crime;
• Meaningful consequences that hold youth who commit crimes accountable, help them understand the impact of their actions on the victim and the community and allow them to make good on the harm done to the victim and the community; and,
• Rehabilitation and reintegration to prevent them from re-offending and insure long term protection of the public.

The Youth Criminal Justice Act supports the Strategy by:

• better distinguishing between violent and non-violent crime and providing punishments that are proportionate to the seriousness of the offence and take into account the needs of the youth;
• strengthening efforts to rehabilitate; and
• encouraging the use of effective and meaningful alternatives to custody where appropriate.

Highlights of the Youth Criminal Justice Act

• Encourages community-based sentences, where appropriate, such as compensation for victims, community service, and supervision in the community;
• Allows courts to impose adult sentences on conviction when certain criteria are met;
• Presumes that adult sentences will be given to young people 14 and older who are found guilty of murder, attempted murder, manslaughter, aggravated sexual assault or who are repeat, serious, violent offenders. (Note: A province may raise the age for this presumption up to 16 by Order in council.);
• Creates a new intensive rehabilitative custody and supervision sentence for the most violent, high-risk youth so that they get the treatment they need;
• Requires, in general, that youth be held separately from adults to reduce the risk that they will be exposed to adult criminals;
• Requires all periods of custody to be followed by a period of supervision and support in the community. This would allow authorities to closely monitor the young person and to ensure that he or she receives the necessary treatment and programs to return safely and successfully to the community; and
• Gives provinces more flexibility in determining the level of security when a youth is placed in custody as well as more flexibility in moving youth who reach adult age while still in custody into adult facilities.

The publication of names is permitted: when a youth receives an adult sentence; in some cases, when a youth receives a youth sentence for murder, attempted murder, manslaughter, aggravated sexual assault, or has a pattern of convictions for serious violent offences; or under court order when a youth is at large and a danger to others and publication is necessary to protect society.

The 1999 Budget set aside $206 million over three years in new money to support provincial and territorial efforts to meet the objectives of the Strategy.