Criminal law

Other Infosheets

What law applies to an adolescent accused of a crime?

When it comes to criminal justice, adolescents (from 12 to 17 years of age) across Canada are covered by a law designed with this age group in mind: the Youth Criminal Justice Act.

This means that Valerie’s case will be handled differently than that of an adult accused of exactly the same crime.

Other laws may also apply to her case:

• The Criminal Code spells out what sort of acts are offences under Canadian law.
  
• The Canadian Charter of Rights and Freedoms sets out fundamental rights, some of which have an impact on the evidence that can be used during a trial.
  
• The Controlled Drugs and Substances Act lists substances that are illegal in Canada.
  
• The Canada Evidence Act contains various rules, including rules on the testimony of witnesses in court.

When is an adolescent covered by this law?

This law defines an “adolescent” as a person who is at least 12 but not yet 18. One cannot, for example, charge an 11-year-old child under this law, no matter how serious her actions.

Also, the adolescent will only fall under the Youth Criminal Justice Act if she is accused of a federal offence, for example, an offence under the Criminal Code.

If the young person meets these criteria and is charged with a federal offence, legal proceedings will be taken in the youth justice court. In Quebec, the Youth Division of the Court of Quebec acts as the youth justice court.

What are the main goals of the Youth Criminal Justice Act?

This law has three main goals:

• preventing crime
  
• rehabilitation and reintegration into society
  
• holding young people accountable for breaking the law (This means helping them realize they are responsible for the consequences of their actions.)

Does this law have other objectives?

Yes, the law sets out other priorities. Here are a few:

• The criminal justice system must emphasize penalties that are both fair and in proportion to the seriousness of the offence. Also, penalties must correspond to a young person's greater dependency and level of maturity.
  
  
• The law must be applied promptly. This means it would be unacceptable for an adolescent who committed an offence at the age of 14 to be tried when she is 17.
  
  
• The judge’s decision should encourage the participation of the adolescent’s family and community agencies in her reintegration into society.
  
  
• The law must be applied in a way that respects the privacy of adolescents. Steps must be taken to control access to records concerning them.
  
  
• The law gives adolescents the right to be heard during and participate in all legal proceedings taken against them.
  
  
• Victims should be treated with courtesy, compassion and respect for their dignity.
  
  
• The law emphasizes the right of the adolescent’s parents and the victim(s) to be informed of the proceedings and to be heard by the court.