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Youth Justice

Note

The information found below is general in nature and is not intended as professional legal advice. Please talk with your caseworker, legal representative (e.g. lawyer), or a legal advocate for professional legal advice. 

Youth Crime and the Youth Criminal Justice Act 

Any young person in Canada, between 12 to 17 years of age that pleads or is found guilty of committing a criminal offence is subject to law under the Youth Criminal Justice Act (YCJA). The purpose of the YCJA is for young people to be held accountable for the crimes they commit and for youth sentences to have meaningful consequences that promote a healthy return to the community and society. The YCJA provides the judges in youth courts with many different sentencing options for young people. The sentence must address the seriousness of the offence, the responsibility and maturity of the young person, any previous offences, and the conditions under which the crime was committed.

Sentencing Options 

There are many different sentencing options under the YCJA. These include what are known as community-based sentences and custody and supervision sentences. The maximum length of youth sentences can range from 2 to 10 years, depending on the offence committed. 

Community-based sentences allow a young person to serve her, his, or their sentence in the community. This sentence may include one or more of the following: community service (unpaid work), house arrest (home detention/restricted travel/ curfew), an apology or payment (restitution) to the victim(s), regular reporting to someone (probation officer), and other mandatory treatments or programs (drug or alcohol/mental health). These are just some of the ways that a community-based sentence can be served. The nature and seriousness of the offence determines the degree of punishment. 

Custody and supervision sentences are served in a youth custody facility, followed by a period of time in the community under supervision/probation. There are two levels of custody facilities in the province of Saskatchewan: Open Custody and Secure Custody. In an open custody facility, you are still able to participate in the community, with a significant level of supervision, by attending community schools, obtaining employment, and taking part in treatment or recreational activities. In a secure custody facility there are limited options to take part in activities in the community. As a young person you may earn the privilege of going on outings, which are closely supervised. Again, the nature and seriousness of the offence will determine the degree of sentencing and which facility you may end up in. Custody sentences are primarily intended for violent and serious repeat offenders.

Reintegration (Period of Supervision in the Community) 

Any period spent in custody is followed by a period of supervision and support in the community. This is to ensure that you are able to transition successfully from a custody setting back into the community. At your sentencing the judge will state the period of time to be served in custody and/or in the community under supervision. A youth worker will help you plan for re-entering the community and is there to provide support and supervision so that the transition back into the community is successful. 

Adult Sentences 

The YCJA does allow a judge to impose an adult sentence on a youth who is found guilty of a serious offence and was 14 years of age or older when the crime was committed. In fact, prosecutors (lawyers, legal persons or parties responsible for presenting the case against the individual accused of the criminal offence) are required to consider seeking an adult sentence when a youth is found guilty of murder, attempted murder, manslaughter or aggravated sexual assault. If an adult sentence is being imposed, then the young person is subject to the Criminal Code of Canada. However, no portion of either an adult or youth sentence can be served in an adult prison while the youth is still under the age of 18. 

Youth Record 

A record will contain any of your information that is created or kept for the purposes of the YCJA or for investigating an offence that could be prosecuted under the YCJA. The following information may be part of your record: name and/or birth date; details about your arrest, charge, and/or sentence; and any other information provided by family members, neighbours, school authorities or victims. A youth record is protected and personal information is kept confidential. This means that only certain people can access your record. These people can include: the young person; the young person’s lawyers, parents, or guardians, and anyone else authorized by the court; crown prosecutors; judges, courts, and review boards; directors of correctional facilities where a young person serves a sentence; people involved in a youth justice conference; the victim; and someone carrying out a criminal record check. 

How Long Does a Youth Record Last? 

There are various lengths of time in which a youth record will remain open. These are called “access periods.” Access periods (lengths of time) are connected to the type of offence committed. It is best to ask your caseworker or lawyer about the various access periods, as there are many. Once the access period ends, a youth record is sealed and/or destroyed. Youth records can be closed before the age of 18. However, if someone over the age of 18 with an open youth record commits another crime, the youth record will then become part of that person’s permanent adult record. 

TIP: A youth record can affect your ability to travel outside of the country and your ability to find employment. There have also been certain cases in which a youth record (thought to be closed) has affected an adult’s ability to travel or find employment. If you have concerns about your youth record, you should consult with a lawyer. It is also wise to check with your local police service to verify if your youth record has been sealed or destroyed.

Legal Rights 

All people who live in Canada have the Charter of Rights and Freedoms available to them. As a young person you also have special legal rights under the YCJA. 

Rights when arrested: 

  • To understand the reason for the arrest 
  • The right to remain silent 
  • The fact that everything you say may and will be held against you in any subsequent proceedings (any legal process as a result of arrest — including court, mediation, etc.) 
  • The right to retain and instruct counsel (counsel is another word for a lawyer) 
  • The right to contact parents, guardians or other appropriate adults 
  • The possibility of contacting counsel when you arrive at the police station 
  • The possibility of obtaining the assistance of counsel (lawyer or legal representative) free of charge 
  • The right to contact any of these persons in private 
  • The right to have the persons contacted present during any questioning by the police 

TIP: For your protection, it is wise to make sure that you have support (such as your lawyer) present when you are questioned by the police.

The Right to Counsel 

You have the right to counsel (a lawyer) at any time during the youth justice process. The right to speak to a lawyer must be explained to you in plain language and you must get that opportunity as soon as possible during an arrest and again at any time during the justice process. The lawyer’s goal is to protect your rights. 

Rights and Responsibilities in Custody 

As a young person in custody (young offender) some of your rights are affected because you committed a crime. However, there are still some basic rights that you are entitled to and responsibilities to uphold while you are in custody. Please talk with your social worker or caseworker to discuss your rights and responsibilities further. You may also contact the Saskatchewan Advocate for Children and Youth toll free at 1-800-322-7221, if you believe no one is listening to your concerns or if you feel your rights are not being upheld. 

As a young offender you have the right to: 

  • Have your legal rights explained 
  • Have your voice heard 
  • Be included in decision making that affects you 
  • Be able to speak to and get in contact with your lawyer 
  • Live in a safe environment 
  • Be able to access physical and mental health care services (e.g. doctor, dentist, counsellor) 
  • Be able to go to school and receive an education 
  • Be able to practice your religion 
  • Have access to exercise and recreational activities
  • Be involved in the court process 
  • Know and understand the rules that must be followed during your time in custody 
  • Have an adult that can help you with any questions or clarification you may need in any of your time spent in custody 
  • Be able to have contact with family and friends (unless there is a specific order against certain persons) 
  • Know how to make a complaint 

As a young offender you have the responsibility to: 

  • Follow the conditions set out by the judge 
  • Follow the rules of the facility you are in 
  • Respect other individuals who reside in the same facility 
  • Respect the rights of the staff in the facility 
  • Take responsibility for your actions