Youth and Criminal Offences in BC: What Parents Should Know

David DanskyCase Updates

Hooded teen symbolising youth and Criminal Offences in BC

For most young offenders, especially first-timers, the system offers alternatives like community programs, counselling, or warnings instead of court, aiming to address underlying issues and protect your child’s future. This article will outline key aspects of the system, legal principles, procedural protections, youth sentencing options, and practical considerations for young offenders in BC. 

For further information, please reach out to Michael Shapray; an experienced criminal lawyer with offices in Vancouver and Surrey, British Columbia. 

Overview of the Youth Criminal Justice System in British Columbia

The Youth Criminal Justice Act (YCJA), a federal statute enacted on April 1, 2003, governs the prosecution of youth aged 12 to 17 (at the time of the offence) for criminal offences in Canada. In British Columbia, the YCJA is applied through the Provincial Court, designated as the Youth Justice Court, with concurrent jurisdiction in the BC Supreme Court for cases where the Crown seeks an adult sentence. The YCJA replaced the Young Offenders Act (YOA) to address over-incarceration, inconsistent sentencing, and inadequate focus on rehabilitation and victim rights. It emphasizes a separate justice system for youth, recognizing their reduced moral blameworthiness, greater dependency, and potential for reform.

The YCJA’s primary goals, as outlined in its preamble and section 3, are to:

  • Hold youth accountable through proportionate measures that reflect the seriousness of the offence and their level of responsibility.
  • Promote rehabilitation and reintegration to help youth become law-abiding members of society.
  • Prevent crime by addressing the underlying causes of offending behaviour through community-based programs.
  • Reduce over-reliance on incarceration, reserving custody for serious, violent, or repeat offenders.

In BC, the system involves police, Crown counsel, youth probation officers, youth custody facilities, and community agencies, all working under the YCJA framework to balance public safety, accountability, and youth rehabilitation.

Key Principles of the YCJA in BC

For clarity, especially in a guardian or parental role, here’s how YCJA’s foundational principles apply in BC:

  1. Diminished Moral Blameworthiness (s. 3(1)(b)):
    • Youth are presumed to have less moral culpability than adults due to their developmental stage and reduced maturity. This principle underpins lenient youth sentencing and prioritizes rehabilitation over punishment.
    • Courts in BC must consider a youth’s age, maturity, and circumstances (e.g., socioeconomic background, mental health, or Indigenous status) when determining sanctions.
  2. Proportionality and Fairness (s. 38(2)(c)):
    • Sentences must be proportionate to the offence’s seriousness and the youth’s degree of responsibility. BC judges avoid overly intrusive sanctions for minor offences, aligning with the YCJA’s goal of reducing court involvement.
  3. Rehabilitation and Reintegration (s. 3(1)(b)(ii)):
    • The system prioritizes measures that address underlying causes of criminal behaviour, such as poverty, substance abuse, or family issues, to reintegrate youth into society.
    • BC employs extrajudicial measures, community programs, and therapeutic interventions to support this goal.
  4. Least Restrictive Measures (s. 38(2)(d)):
    • Sanctions must be the least restrictive option capable of achieving accountability and rehabilitation. Custody is a last resort, particularly for non-violent offences.
  5. Special Considerations for Indigenous Youth (s. 38(2)(d)):
    • BC courts pay particular attention to the circumstances of Indigenous youth, considering systemic factors like intergenerational trauma and overrepresentation in the justice system. Alternatives to custody are prioritized, often involving culturally sensitive programs.
  6. Victim and Community Involvement (s. 3(1)(c)(iii)):
    • The YCJA encourages repairing harm to victims and communities. In BC, restorative justice programs, victim impact statements, and community conferences are common.
  7. Privacy Protections (s. 110):
    • Youth identities are protected from publication to prevent stigmatization, which could hinder rehabilitation. Exceptions apply if a youth receives an adult sentence or self-identifies after turning 18.

Application of the YCJA in BC: Rehabilitation vs. Sentencing

The YCJA strikes a balance between rehabilitation and sentencing, with a clear preference for rehabilitation, especially for first-time or non-violent offenders. Below are details of how this balance plays out in BC, focusing on procedural pathways, youth sentencing options, and rehabilitation mechanisms.

1. Procedural Pathways

  • Extrajudicial Measures (s. 6–12):
    • For minor, non-violent offences (e.g., shoplifting, minor assault), police in BC are encouraged to use extrajudicial measures instead of charging youth. These include:
      • Warnings: Informal cautions by police.
      • Referrals to Community Programs: Programs addressing underlying issues, such as substance abuse or anger management.
      • Extrajudicial Sanctions: Formal agreements (e.g., community service, apologies, or restitution) that avoid court if completed successfully.
    • In BC, these measures are often community-driven, involving victims, families, and agencies like the Justice Education Society or Indigenous organizations. They’re effective for first-time offenders, reducing recidivism and court burden.
  • Court Proceedings:
    • If extrajudicial measures are inadequate (e.g., for serious or repeat offences), cases proceed to the Youth Justice Court. BC’s Provincial Court handles most cases, with trials following the same evidentiary rules as adult courts but with enhanced procedural protections (e.g., right to counsel, parental involvement).
    • The Crown may seek an adult sentence for youth aged 14 or older charged with serious offences (e.g., murder, aggravated assault) where an adult could face two or more years’ imprisonment. The Crown bears the onus to prove that a youth sentence is insufficient (s. 72). BC courts rarely impose adult sentences, prioritizing youth-specific sanctions.
  • Parental Involvement (s. 27):
    • Parents are informed of proceedings and encouraged to support their child’s rehabilitation. In BC, parents can attend court, speak at sentencing hearings, and access legal documents (subject to the youth’s right to independent counsel). However, under the Parental Liability Act, parents may be liable for up to $10,000 in property damage caused by their child’s criminal actions unless they demonstrate reasonable supervision.

2. Sentencing Options (s. 42)

BC judges have a wide range of sentencing options under the YCJA, designed to promote accountability while prioritizing rehabilitation. Custody is restricted by s. 39, which limits its use to specific circumstances. Below are key options, with a focus on their rehabilitative or punitive nature:

  • Non-Custodial Sentences (Rehabilitative Focus):
    • Discharge (s. 42(2)(c)):
      • Absolute or conditional discharge avoids a criminal record. Conditions may include probation or community service. Used for minor offences to prevent long-term consequences.
    • Judicial Reprimand (s. 42(2)(b)):
      • A formal warning from the judge is suitable for low-level offences where accountability is achieved without further sanctions.
    • Fines or Compensation (s. 42(2)(d)–(e)):
      • Youth may pay fines (up to $1,000) or compensate victims for losses, fostering responsibility and victim reparation.
    • Community Service (s. 42(2)(f)):
      • Up to 240 hours of community work tailored to the youth’s abilities and circumstances. Common in BC for non-violent offences.
    • Probation (s. 42(2)(k)):
      • Up to two years, with conditions like curfews, counselling, or school attendance. Probation officers in BC supervise compliance and support rehabilitation.
    • Deferred Custody and Supervision Order (s. 42(2)(p)):
      • It allows youth to serve a custodial sentence in the community under strict conditions (e.g., house arrest). Not available for offences involving serious bodily harm. Breaches may result in custody.
  • Custodial Sentences (Punitive Focus, with Rehabilitation):
    • Custody is reserved for:
      • Violent offences (e.g., aggravated assault, robbery).
      • Repeat offenders with a history of non-compliance with non-custodial sentences.
      • Exceptional cases where non-custodial options are inadequate (s. 39(1)(d)).
    • Types of custodial sentences in BC:
      • Custody and Supervision Order (s. 42(2)(n)):
        • Combines custody (in a youth detention centre) with community supervision. Maximum duration varies (e.g., three years for serious indictable offences, ten years for first-degree murder).
      • Intensive Rehabilitative Custody and Supervision Order (s. 42(2)(r)):
        • For serious violent offenders with mental health or emotional issues. Involves treatment programs during custody (up to two years or three for certain offences) and conditional supervision afterward.
    • BC’s youth custody facilities (e.g., Burnaby Youth Custody Services) emphasize rehabilitation through education, counselling, and reintegration planning. Youth workers develop individualized reintegration plans, and reintegration leaves (s. 91) allow temporary community access to education or treatment.
    • Before imposing custody, judges must consider all reasonable alternatives and order a pre-sentence report (s. 40) unless waived. As a defence lawyer, you’d cross-examine report authors to highlight mitigating factors (e.g., family support, remorse).
  • Adult Sentences (s. 72):
    • Rare in BC, applied only when the Crown proves a youth sentence is insufficient for accountability. Maximum penalties align with the Criminal Code (e.g., life imprisonment for murder). Youth receiving adult sentences lose YCJA protections, including privacy.
  • Sentencing Principles (s. 38):
    • Sentences must:
      • Be proportionate and meaningful to the youth.
      • Promote responsibility and acknowledgment of harm.
      • Be the least restrictive option likely to rehabilitate and reintegrate.
      • Consider denunciation and deterrence (added in 2012 amendments), but only within proportionality limits.
    • BC judges often prioritize community-based sanctions, especially for Indigenous youth or those with special needs, to avoid disrupting education or family ties.

3. Rehabilitation Mechanisms

Rehabilitation is the cornerstone of the YCJA, and BC has robust programs to support it:

  • Community-Based Programs:
    • BC offers diversion programs like restorative justice circles, substance abuse treatment, and mentorship initiatives. These are often accessed through extrajudicial measures or probation conditions.
    • Indigenous-specific programs, such as those run by the Native Courtworker and Counselling Association of BC, address cultural and systemic factors.
  • Youth Probation Services:
    • Probation officers supervise youth, monitor compliance, and connect them to resources (e.g., counselling, job training). They play a key role in reintegration post-custody.
  • Reintegration Plans:
    • For youth in custody, YCJA s. 90 mandates reintegration planning involving education, vocational training, and family engagement. BC’s youth custody facilities implement these plans to reduce recidivism.
  • Conferences (s. 19):
    • BC uses conferences to develop extrajudicial measures, sentences, or reintegration plans. These involve youth, parents, victims, and community members, fostering accountability and support.

4. Rehabilitation vs. Sentencing Balance

  • Rehabilitation Priority:
    • The YCJA and BC courts favour rehabilitation for most youth, recognizing their potential for change. Extrajudicial measures and non-custodial sentences dominate for non-violent offences, which constitute the majority of youth crimes in Canada (e.g., shoplifting, mischief, minor assaults). Data from 2020 shows a 43% drop in youth custody rates post-YCJA, reflecting this shift.
    • Programs addressing root causes (e.g., mental health, poverty) are prioritized over punitive measures, aligning with the “child saving movement” philosophy that youth are more malleable than adults.
  • Sentencing for Accountability:
    • For serious or repeat offences, sentencing ensures accountability through custodial or structured community sanctions. However, even custodial sentences incorporate rehabilitation (e.g., treatment programs, reintegration leaves).
    • The 2012 amendments introduced denunciation and deterrence as sentencing objectives, but BC courts apply these sparingly, ensuring proportionality and rehabilitation remain paramount.
  • Judicial Discretion:
    • BC judges have significant discretion to tailor sentences, considering pre-sentence reports, victim impact statements, and defence submissions.

Practical Considerations for Parents

As a parent, here are practical points to navigate the system:

  1. Early Intervention
    • If your child is arrested, ensure they exercise their right to counsel (s. 25) immediately. BC provides legal aid for youth, independent of parental means, ensuring access to a lawyer who takes instructions from the youth, not you.
    • Engage with police to explore extrajudicial measures before charges are laid. The advocacy of a lawyer can secure diversion for minor offences.
  2. Parental Role
    • Attend court proceedings and sentencing hearings to provide support and input. Your involvement can influence sentencing toward rehabilitative options.
    • Be proactive in connecting your child to community programs (e.g., counselling, cultural services) to demonstrate commitment to rehabilitation.
  3. Mitigating Factors
    • Keep evidence of mitigating factors (e.g., school records, character references, mental health assessments). Pre-sentence reports are critical.
    • For Indigenous youth, cultural or systemic factors may apply under s. 38(2)(d) to secure culturally appropriate sanctions.
  4. Privacy and Records
    • Youth records are protected under s. 119, with access limited to specific purposes (e.g., sentencing, reintegration). Records are sealed after a set period (e.g., three years for summary offences, five for indictable offences) unless new offences are committed.
    • Advise your child against self-identifying publicly until age 18 to avoid stigmatization.
  5. Appeals and Reviews
    • Youth have the right to appeal sentences (s. 37) or apply for reviews of custodial (s. 94) or non-custodial (s. 59) sentences. 
  6. Long-Term Impact
    • A youth record can affect future employment or travel. Non-custodial sentences and successful completion of extrajudicial measures minimize long-term consequences.

Conclusion

As a parent, the YCJA’s focus on rehabilitation offers hope that your child can overcome a criminal offence with the right support. Stay vigilant about procedural rights, challenge custodial recommendations, and collaborate with probation officers to ensure compliance and rehabilitation. For further details, consult the YCJA text on CanLII or BC’s Justice Education Society resources. BC’s system provides ample opportunities for diversion, community-based sanctions, and reintegration, minimizing long-term consequences. 

As a defence lawyer in BC, our firm leverages expertise and experience to secure the best outcome for our clients. Discuss your legal needs with us today.