Understanding the Youth Criminal Justice Act and How to Defend Against Charges

The Youth Criminal Justice Act (YCJA) governs how young people (aged 12–17) are treated when they are charged with a crime in Canada. Designed to address youth offenses in a fair and age-appropriate manner, the YCJA focuses on rehabilitation, accountability, and reducing repeat offenses. If your child or a young person you know is facing charges, understanding their rights under the YCJA and exploring options to have charges dropped is essential.

1. What is the Youth Criminal Justice Act (YCJA)?

The YCJA is a federal law that outlines the legal process for dealing with youth crime. Its key objectives include:

• Encouraging rehabilitation and reintegration into society.

• Reducing the use of incarceration for minor or first-time offenses.

• Holding young offenders accountable in ways that are proportional to their age and maturity.

The YCJA acknowledges that youth have different needs and levels of understanding compared to adults. It emphasizes alternative measures, such as warnings, diversion programs, and community-based resolutions.

2. Common Charges Youth Face

Young people can be charged with a wide range of offenses, including:

• Theft or shoplifting

• Assault or fighting

• Mischief (e.g., property damage or graffiti)

• Drug possession

• Cybercrime (e.g., online harassment or hacking)

Even though these charges may seem minor, they can have lasting consequences on a youth’s education, employment, and travel opportunities.

3. Options for Dropping or Reducing Youth Charges

Under the YCJA, there are various avenues to address youth charges without proceeding to formal court processes or convictions. Some of these include:

Extrajudicial Measures

Before a youth is formally charged, the police or Crown prosecutor may consider extrajudicial measures, such as:

• Warnings or cautions

• Referrals to community programs (e.g., counseling or addiction treatment)

• Restorative justice programs, where the youth makes amends directly with the victim

  
  

Diversion Programs

If charges have been laid, diversion programs offer an opportunity to resolve the matter without a criminal conviction. These programs may involve:

• Community service

• Participation in education programs (e.g., anti-theft workshops or anger management)

• Restitution to victims

  
  

Negotiating with the Crown

A criminal defense lawyer can negotiate with the prosecutor to have charges dropped or reduced, particularly if:

• The youth has no prior record.

• They show remorse and willingness to participate in rehabilitation programs.

• There is insufficient evidence to support the charges.

  
  

Challenging the Charges in Court

If negotiations fail, a strong defense strategy can lead to acquittal or dismissal of charges. Key defense strategies may include:

• Demonstrating lack of intent or understanding (youth often act impulsively).

• Challenging evidence or procedural errors during arrest or investigation.

  
  

4. Protecting the Youth’s Future

One of the YCJA’s main principles is to avoid labeling young offenders as criminals, which can lead to stigma and hinder rehabilitation. Youth records are treated differently under the YCJA:

• They are sealed after a specific period if no further offenses occur.

• Access to the records is limited to specific circumstances, like public safety concerns.

That said, having charges dropped early on is the best way to prevent complications later in life.

5. How a Lawyer Can Help

Navigating the YCJA and criminal charges can be overwhelming, especially for young people and their families. A criminal defense lawyer experienced in youth cases can:

• Advocate for extrajudicial measures or diversion programs.

• Negotiate with the Crown prosecutor to drop charges.

• Represent the youth in court and build a strong defense.

  
  

At J. Kalirai Law Firm, we believe in second chances and the power of rehabilitation. We’re committed to protecting young people’s futures while ensuring they are treated fairly and compassionately under the law.

Final Thoughts

The YCJA prioritizes rehabilitation over punishment, offering young people the chance to learn from their mistakes without a lifetime of consequences. If your child is facing charges, don’t wait—seek legal advice immediately to explore all options for resolving the matter.

Need help? Contact J. Kalirai Law Firm today for expert guidance and defense.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer for advice on your specific legal situation.