The Youth Criminal Justice Act (YCJA) plays a critical role in Canada’s justice system. Enacted in 2003, it governs how young people aged 12 to 17 are dealt with when accused of committing a crime. Unlike the adult criminal justice system, the YCJA emphasizes rehabilitation, reintegration, and accountability tailored to the developmental stage of youth. For families and young people facing charges, understanding the available defences and considerations under this Act is essential. It not only impacts the immediate outcome of the case but also the long-term future of the youth involved.
In this article, we’ll explore the top five defences and considerations under Canada’s Youth Criminal Justice Act, breaking down how they can influence proceedings and decisions in youth court.
1. Presumption of Innocence and the Right to a Fair Trial
Just like adults, youth charged under the YCJA are presumed innocent until proven guilty. This fundamental principle means that the prosecution must prove beyond a reasonable doubt that the young person committed the offence.
However, youth-specific considerations play a role in how trials unfold:
- Simplified proceedings: Youth courts must ensure that the young person understands the process. Judges and lawyers are encouraged to use plain language rather than complex legal jargon.
- Parental involvement: Parents or guardians are usually required to be notified and included in hearings, ensuring additional support.
- Special protections: The YCJA recognizes that young people may not fully comprehend the legal system, so courts must take steps to safeguard their right to a fair trial.
Defence lawyers often challenge whether the Crown has presented sufficient evidence, and whether the accused youth had the necessary intent (or “mens rea”) to commit the crime. Given that adolescents’ decision-making abilities differ from adults, establishing intent is often a key point of defence.
2. Diversion Programs and Extrajudicial Measures
One of the most important considerations under the YCJA is the use of extrajudicial measures—responses to youth crime that occur outside the formal court process. The Act encourages police officers and prosecutors to consider alternatives before laying charges, especially for first-time or non-violent offences.
These alternatives can include:
- Warnings and cautions issued by police.
- Referrals to community programs, such as counseling, mentorship, or substance abuse treatment.
- Extrajudicial sanctions, where youth may have to make amends through community service, apologies to victims, or restitution.
From a defence perspective, lawyers often argue that their young client is a suitable candidate for diversion instead of formal sentencing. This is particularly effective when the youth demonstrates remorse, takes responsibility, and shows willingness to engage in rehabilitation.
Diversion allows young people to avoid a permanent criminal record, giving them a better chance to move forward without the long-term stigma of a conviction.
3. Mental Health and Capacity Defences
Mental health plays a significant role in youth criminal cases. Under the YCJA, courts must consider whether the accused youth had the capacity to understand the nature and consequences of their actions. In some cases, this may involve formal assessments by psychologists or psychiatrists.
There are two major considerations here:
- Not Criminally Responsible (NCR) due to Mental Disorder – If it can be shown that the youth suffered from a mental disorder that made them incapable of understanding their actions or knowing they were wrong, they may be found not criminally responsible.
- Fitness to stand trial – Youth must be able to understand the charges and assist in their defence. If they lack this capacity due to mental illness or developmental issues, the trial may be delayed or altered to accommodate them.
Defence lawyers may rely on expert testimony to highlight these issues, arguing that treatment, rather than punishment, is the appropriate response. The YCJA emphasizes rehabilitation and recognizes that addressing underlying mental health issues benefits both the youth and society.
4. Charter Rights and Police Conduct
The Canadian Charter of Rights and Freedoms protects all individuals, including youth, from unlawful police conduct. However, the YCJA provides additional safeguards recognizing that young people may not fully understand their rights during encounters with law enforcement.
Some key protections include:
- Right to counsel: Youth must be informed not only of their right to a lawyer but also their right to consult with a parent or responsible adult before making a statement.
- Voluntariness of confessions: Courts carefully scrutinize whether a young person’s statement to police was made voluntarily, without coercion, intimidation, or misunderstanding.
- Improper questioning: Police are prohibited from using manipulative or overly aggressive interrogation tactics on youth.
If defence lawyers can demonstrate that police violated these rights, evidence (such as confessions or seized items) may be excluded from trial. This is one of the strongest defence strategies, as it directly challenges the fairness and integrity of the investigation.
5. Sentencing Considerations: Rehabilitation Over Punishment
Even when youth are found guilty, the YCJA requires courts to prioritize rehabilitation and reintegration over punitive measures. The Act emphasizes that young people should be held accountable in ways that are meaningful and proportionate to their age and development.
Some sentencing considerations include:
- Least restrictive option: Courts must impose the least restrictive sentence possible, consistent with the seriousness of the offence.
- Focus on education and community support: Sentences often include probation, counseling, or school attendance conditions.
- Custody as a last resort: Incarceration is rarely used and typically reserved for violent or repeat offenders. Even then, youth are placed in specialized facilities, not adult prisons.
- Reintegration planning: If custody is imposed, there must be a plan to reintegrate the youth into society afterward.
Defence strategies often emphasize the youth’s potential for change, highlighting family support, educational goals, or participation in positive activities as reasons for lighter, rehabilitative sentences.
Additional Considerations for Youth and Families
Beyond these five primary defences, families navigating the YCJA process should be aware of:
- Sealing of records: Youth records are not permanent and may be sealed after specific time periods, provided the youth does not re-offend. This gives them a chance to rebuild their lives without a lifelong criminal record.
- Restorative justice: Many youth cases involve victim-offender mediation, allowing young people to take responsibility in constructive ways.
- Cultural and community context: For Indigenous youth, courts must consider the unique circumstances of colonization, systemic discrimination, and the importance of culturally appropriate supports.
The Role of Criminal Lawyers in Youth Cases
Navigating the YCJA can be overwhelming for young people and their families. Each case requires a careful balance of legal knowledge, understanding of youth psychology, and advocacy for rehabilitation-focused outcomes. Experienced criminal lawyers play a vital role in ensuring that a young person’s rights are protected, and that they receive fair treatment in court.
A skilled lawyer will not only raise legal defences but also advocate for diversion, appropriate mental health supports, and meaningful rehabilitation options. Their work helps ensure that the justice system’s approach aligns with the YCJA’s goal: protecting society while giving young people a second chance.
Conclusion
The Youth Criminal Justice Act stands as a unique and vital framework in Canada’s legal system, ensuring that young people are treated fairly while holding them accountable in developmentally appropriate ways. The top five defences and considerations—presumption of innocence, diversion programs, mental health defences, Charter rights, and rehabilitative sentencing—form the backbone of youth criminal law.
For families facing the challenges of youth charges, understanding these protections can make a profound difference. With the guidance of experienced legal counsel, young people can navigate the system more effectively, minimize long-term consequences, and move forward with opportunities for growth and rehabilitation.
