Sentencing Under the Youth Criminal Justice Act: Part 1

PUBLISHED ON December 21, 2024

A youth’s sentence will often be more lenient than that of an adult convicted for the same offence. It can be difficult to see the justification for this, but that justification can be found in the Youth Criminal Justice Act and is informed by various principles. This article reproduces section 3(1) of the Youth Criminal Justice Act, specifically, The Declaration of Principles. These principles guide judges when choosing the appropriate sentence. Further aspects of sentencing under the Youth Criminal Justice Act will be addressed in other articles.

Declaration of Principles

Section 3(1)(a): Protection of Public

Section 3(1)(a) of the Youth Criminal Justice Act holds that the youth criminal justice system is intended to protect the public by:

• (i) holding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person,
• (ii) promoting the rehabilitation and reintegration of young persons who have committed offences, and
• (iii) supporting the prevention of crime by referring young persons to programs or agencies in the community to address the circumstances underlying their offending behaviour

Section 3(1)(b): Separate System From That of Adults

Under section 3(1)(b) of the Youth Criminal Justice Act, the criminal justice system for youths “must be separate from that of adults” and must be based on a recognition of the presumption of diminished moral blameworthiness of young persons and on their heightened vulnerability in dealing with the justice system. The presumption of diminished moral culpability forms the bedrock of the youth criminal justice system, as it is widely acknowledged that age plays a role in the development of judgment and moral sophistication.

In addition, the youth criminal justice system must emphasize:

• Rehabilitation and reintegration
• fair and proportionate accountability that is consistent with the greater dependency of young persons and their reduced level of maturity
• procedural protection to ensure that young persons are treated fairly and that their rights, including their right to privacy, are protected
• timely intervention that reinforces the link between the offending behaviour and its consequences and
• the promptness and speed with which persons responsible for enforcing this Act must act, given young person’s perception of time

Section 3(1)(c): Fair and Proportionate Accountability

In order for a young person to be held accountable, a youth sentence must reflect the moral culpability of the young person, taking into consideration the intentional risk-taking of the young person, the consequential harm caused by the young person, and the normative character of the young person’s conduct. Section 3(1)(c) of the Youth Criminal Justice Act holds that within the limits of fair and proportionate accountability, the measures taken against young persons who commit offences should:

• Reinforce respect for societal values
• Encourage the repair of harm done to victims and the community
• Be meaningful for the individual young person given his or her needs and level of development and, where appropriate, involve the parents, the extended family, the community and social or other agencies in the young person’s rehabilitation and reintegration, and
• Respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements or a “probation order” under paragraph (k)

Maximum and minimum sentences will be discussed elsewhere and depend on many factors, including the nature of the offence and the age of the accused. All youth sentences will be guided, however, by these very important principles. As always, this article is for information purposes only and not legal advice. If you need legal advice in Toronto, contact a criminal defence lawyer like Brian Ross at (416) 658-5855.