Backgrounder: Proposed Amendments to the Youth Criminal Justice Act

In a further step to fulfil the commitment it made to tackle crime, as outlined in the Speech from the Throne, the Government of Canada has introduced legislation to amend the Youth Criminal Justice Act (YCJA) to include deterrence and denunciation as sentencing principles and to make it easier to detain, before trials, a broader range of young persons who pose a risk to public safety.

Background on YCJA

The YCJA replaced the Young Offenders Act as the basis for Canada's youth justice system on April 1, 2003.

The year 2008 marks the 5^th Anniversary of the YCJA as well as the 100^th anniversary of the first legislation creating a separate criminal youth justice system in Canada.

Proposed Amendments

Deterrence and Denunciation:

Deterrence, as a principle of sentencing, involves a sanction with the objective of discouraging the offender and others from engaging in criminal conduct. Denunciation refers to society's condemnation of the offence.

Currently under the YCJA, the purpose of a youth sentence is to hold the young person accountable through meaningful consequences and rehabilitative measures. The sentence must be proportionate to the seriousness of the offence. It must also be the sentence most likely to rehabilitate the young person.

On June 22, 2006, the Supreme Court of Canada ruled (R. v. B.W.P.; R. v. B.V.N) that the YCJA does not allow for deterrence and (by implication) denunciation to be considered by the courts as objectives of youth sentences.

The proposed sentencing amendment would allow courts to consider deterrence and denunciation as objectives of youth sentences. These objectives are included in a manner consistent with the principle of proportionality, which requires that the punishment fits the crime (i.e. the more serious the crime, the more severe the sentence).

Pre-trial detention:

In December 2006, Nova Scotia's Nunn Commission of Enquiry report expressed concern that pre-trial detention provisions under the YCJA are too restrictive, making it difficult to detain young persons who pose a risk to public safety.

The proposed amendment to the YCJA, in the area of pre-trial detention, would make it easier to detain before trials a broader range of young persons who pose a risk to public safety. This would include those who have committed an offence that created a danger of causing serious bodily harm or breached previous conditions of release. This legislation does not preclude further revisions at a later date.

The YCJA Comprehensive Review

The 2008 YCJA Comprehensive Review corresponds with the fifth anniversary of the act and the 100th anniversary of the youth criminal justice system in Canada. The intent of this comprehensive review is to address the multitude of concerns and criticism regarding various provisions and principles of the YCJA. Details of the review, including its scope, will be announced at a later time.

Adult Sentencing Provisions

As part of its platform commitment, the Government had indicated that it would amend the YCJA to provide for automatic adult provisions for youth found guilty of serious and violent crime and repeat offences. The Government is awaiting the Supreme Court decision in R. v. D.B. before proceeding with sentencing reforms.

To learn more about the YCJA, please visit our Web site at: www.canada.justice.gc.ca/youth

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Department of Justice Canada
November 2007