When a young person between the ages of 12 and 17 is accused of a crime in Alberta, their case falls under the Youth Criminal Justice Act (YCJA). The YCJA establishes a distinct set of rules and procedures aimed at addressing youth crime. At White & Jeet Law, we know that protecting a youth’s future requires a deep understanding of this legislation.
The YCJA
The foundation of the YCJA differs significantly from the adult system. While accountability is important, the Act prioritizes:
- Rehabilitation and Reintegration: Addressing the underlying causes of the youth’s offending behavior to prevent future crimes.
- Meaningful Consequences: Ensuring that penalties are proportionate to the severity of the offence and the youth’s level of maturity.
- Diminished Moral Blameworthiness: Acknowledging that young people are still developing and lack both the judgment and impulse control of adults.
Privacy and Publication Bans
One of the most critical protections under the YCJA is the strict prohibition on publishing the name or any identifying information of a youth accused or found guilty of a crime. This ban extends to the media, social media, and the public. The purpose is to prevent the stigma of a criminal charge from derailing a young person’s educational and employment prospects. Please note exceptions exist for youth sentenced as adults for extremely serious violent crimes.
Extrajudicial Sanctions (EJS) Program
A key feature of the YCJA is keeping youth out of the formal court system whenever possible, particularly for first-time, non-violent offences. This can range from a simple police warning to a referral to a community program.
A more formal step is an Extrajudicial Sanction (EJS) program, where the Crown agrees to withdraw the charges if the youth completes specific conditions (e.g., community service, an essay, restitution) as a part of the EJS program. This avoids a youth criminal record entirely.
Sentencing Under the YCJA
If a youth is found guilty, judges have a wide array of sentencing options that prioritize community-based rehabilitation over custody (i.e. jail).
| Sentencing Options | Description |
| Absolute Discharge, Conditional Discharge or Probation | Supervision in the community with specific conditions (curfews, attending school) that the accused must follow. |
| Deferred Custody and Supervision Order | Similar to an adult conditional sentence (house arrest). If breached, the youth serves time in custody. |
| Custody and Supervision Order | Reserved for violent crimes or repeat offenders. The sentence is split between time in a youth facility and community supervision. |
Access Period for Youth Records
The Crown prosecutor will elect to proceed summarily (i.e. less serious offence) or by indictment (i.e. more serious offence).
If the Crown proceeds summarily, and a youth is convicted of a criminal offence for which he or she does not receive an absolute or conditional discharge, the said offence will form a part of the youths record for a period of 3 years after the sentence is fully completed.
If the Crown proceeds by indictment, and a youth is convicted of a criminal offence for which he or she does not receive an absolute or conditional discharge, the said offence will form a part of the youths record for a period of 5 years after the sentence is fully completed.
If a youth receives an absolute discharge, it will be noted on the youth record for a period of 1 year after the finding of guilt.
If a youth receives a conditional discharge, it will be noted on the youth record for a period of 3 years after the finding of guilt.
After the above applicable access period comes to an end, the youth record is sealed or destroyed under the YCJA.
Please note that a youth record can become permanent if the accused is convicted of a new offence as an adult while the above applicable youth access period is active or if the accused receives an adult sentence for a youth offence.
Protecting Your Child’s Future
A youth record can have severe consequences, including restrictions on crossing the US border and implications for future adult sentencing. If your child is facing criminal charges in Alberta, you need a lawyer who understands the nuances of the YCJA. Contact the dedicated team at White & Jeet Law today.
