If you or someone you know is a young person who has been accused or found guilty of breaking the law in Alberta, you may be wondering what kind of sentences a young person can receive. The Correctional Services division oversees young persons who are serving a sentence in a youth custody facility or sentenced to community sentences.

The Youth Criminal Justice Act (YCJA) creates a separate legal system for youths. The reason for this is that young people are particularly vulnerable, less mature, and have a reduced capacity for moral judgment.

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“Sentences for young persons can vary depending on the severity of the crime committed. Many youth sentences are the same as adult sentences, including discharges (both absolute and conditional), fines, probation, and imprisonment.”

However, there are also several sentences that are specific to young people under the YCJA. They include a reprimand, where the judge can give a reprimand to the young person, and a referral to a community program.

The latter is where the young person is referred to a community program that is designed to address the underlying causes of their criminal behavior, such as addiction or mental health issues.

It is important to note that the YCJA emphasizes rehabilitation and reintegration into society, rather than punishment. The goal is to prevent future criminal behavior by addressing the root causes of the behavior and providing young persons with the skills and support they need to make positive changes in their lives. If you or someone you know is facing criminal charges as a young person in Alberta, it is important to seek legal advice and understand the options available for sentencing.

Overview of the Youth Criminal Justice System

If you are a young person who has been accused of an offence in Alberta, you will be dealt with under the Youth Criminal Justice Act (YCJA). The YCJA is a federal law that sets out the rules and principles for dealing with young people who are accused of criminal offences. The purpose of the YCJA is to protect the public by holding young people accountable for their actions while promoting their rehabilitation and reintegration into society.

The Youth Criminal Justice Act

The YCJA applies to young people who are between the ages of 12 and 17 at the time of the offence. If you are under 12, you cannot be charged with a criminal offence in Canada. If you are 18 or older, you will be dealt with under the Criminal Code of Canada.

The YCJA sets out the principles that guide the youth justice system, including the principle of diminished moral blameworthiness, which recognizes that young people may not fully understand the consequences of their actions. The YCJA also emphasizes the importance of rehabilitation, reintegration, and community support for young people who are in conflict with the law.

The Youth Justice Court

If you are accused of an offence, you will appear in the youth justice court. The youth justice court is a specialized court that deals with young people who are accused of criminal offences. The court is designed to be less formal and intimidating than adult court, and it takes into account the unique needs and circumstances of young people.

At the youth justice court, you will have the right to a lawyer, and you will be presumed innocent until proven guilty. You will also have the right to a trial, where the crown must prove beyond a reasonable doubt that you committed the offence. If you are found guilty, you may receive a youth sentence, which can include custody and supervision orders, community service, fines, or other conditions.

In conclusion, the youth criminal justice system in Alberta is designed to hold young people accountable for their actions while promoting their rehabilitation and reintegration into society. If you are a young person who has been accused of an offence, you will be dealt with under the Youth Criminal Justice Act and will appear in the youth justice court. It is important to understand your rights and the consequences of your actions, and to seek support and advice from a lawyer, your parents, or a youth worker.

Types of Sentences for Young Persons in Alberta

When a young person is found guilty or pleads guilty to a criminal offense, the youth court must determine the appropriate sentence. There are different types of sentences that a young person can receive in Alberta, depending on the circumstances of the offense and the young person’s age.

Youth Sentence

A youth sentence is a sentence that is specific to young people under the Youth Criminal Justice Act (YCJA). The YCJA creates a separate legal system for youths because young people are particularly vulnerable, less mature, and have a reduced capacity for moral judgment. Youth sentences are designed to protect the public, hold young people accountable for their actions, and rehabilitate them.

Youth sentences can include:

  • Community service
  • Intensive support and supervision
  • Probation
  • Custody and supervision order
  • Intensive rehabilitative custody and supervision order
  • Fine
  • Restitution
  • Conditional discharge
  • Absolute discharge
  • Reprimand

Adult Sentence

In some cases, a young person may receive an adult sentence. This can happen if the young person is 14 years of age or older and is convicted of a serious violent offense, such as manslaughter or aggravated sexual assault. Adult sentences are the same as adult sentences under the Criminal Code of Canada.

Adult sentences can include:

  • Imprisonment
  • Fine
  • Probation
  • Conditional sentence
  • Restitution

If a young person receives an adult sentence, they will have a criminal record and may face more severe consequences in the future.

Before sentencing, the court may require a pre-sentence report to be prepared by a probation officer. The report provides information about the young person’s background, circumstances, and needs, as well as recommendations for sentencing options.

It is important to note that the purpose of sentencing under the YCJA is not to punish the young person, but to protect society and rehabilitate the young person. The principles of the YCJA include proportionality, diminished moral blameworthiness, and reintegration.

If you are a young person facing a criminal charge, it is important to seek advice from a lawyer or legal aid office. Your parents or guardians can also support you through the youth justice process, and you may be eligible for education, mental health, or addictions treatment while in custody or under community supervision.

Factors Considered in Sentencing Young Persons

When a young person is sentenced in Alberta, the court considers several factors to determine the appropriate sentence. These factors include:

Age

The age of the young person is an important consideration in sentencing. The court must take into account the young person’s level of maturity and ability to understand the consequences of their actions.

Culpability

The court will also consider the young person’s level of culpability, or responsibility, for the offence. For example, a young person who was coerced or pressured into committing an offence may have a lower level of culpability than one who acted on their own.

The Nature and Severity of the Offence

The nature and severity of the offence are important factors in determining the appropriate sentence. More serious offences will generally result in more severe sentences.

The Young Person’s Criminal Record

The young person’s criminal record is also considered in sentencing. A young person with a history of criminal behaviour may receive a more severe sentence than one who has no prior record.

The Young Person’s Character and Circumstances

The court will consider the young person’s character and circumstances when determining the appropriate sentence. Factors such as the young person’s family background, education, and employment history may be taken into account.

The Principle of Restorative Justice

Finally, the court will consider the principle of restorative justice in sentencing. This principle emphasizes repairing the harm caused by the offence and rehabilitating the young person, rather than simply punishing them.

Overall, the court will consider these factors in determining the appropriate sentence for a young person in Alberta.

Frequently Asked Questions

What are the maximum sentences for youth in Alberta?

The maximum sentences for youth in Alberta are determined by the Youth Criminal Justice Act (YCJA). The YCJA recognizes that young people are still developing and have a greater capacity for rehabilitation than adults. As such, the maximum sentences for youth are generally shorter than those for adults. For example, the maximum sentence for a first-degree murder conviction for a youth is 10 years, compared to life imprisonment for an adult.

What are the options for sentencing under the Youth Criminal Justice Act?

The YCJA provides a range of options for sentencing youth who have been found guilty of a crime. These options include custodial sentences, community-based sentences, and extrajudicial sanctions programs. The goal of the YCJA is to promote rehabilitation and reintegration into society, rather than punishment.

What is the role of extrajudicial sanctions programs in youth sentencing?

Extrajudicial sanctions programs are an alternative to traditional court proceedings for youth who have committed minor offenses. These programs involve a meeting between the young offender, their parents or guardians, and a trained facilitator. The group works together to identify the harm caused by the offense and develop a plan to repair that harm. The goal of extrajudicial sanctions programs is to promote accountability and responsibility, while avoiding the negative consequences of a criminal record.

What are the legal rights of young offenders in Alberta?

Young offenders in Alberta have the same legal rights as adult offenders, including the right to legal counsel, the right to a fair trial, and the right to appeal a conviction. However, the YCJA also recognizes that young people have unique needs and vulnerabilities, and provides additional protections for young offenders. For example, young offenders have the right to have their case heard in private, and to have their identity protected.

What groups work with young offenders to reintegrate them into society?

There are a number of groups in Alberta that work with young offenders to help them reintegrate into society. These groups include probation officers, social workers, and community-based organizations. The focus is on providing support and resources to help young offenders address the underlying issues that led to their criminal behavior, such as mental health, addiction, or lack of education or employment opportunities.

Do mandatory minimum sentences apply to youth in Canada?

Yes, mandatory minimum sentences do apply to youth in Canada. However, the YCJA provides some flexibility in sentencing, and judges are required to take into account the unique circumstances of each case and the individual needs of the young offender. The goal is to ensure that the sentence is proportionate to the offense and to promote rehabilitation and reintegration into society.

Driving under the influence (DUI) and driving while intoxicated (DWI) are terms that are often used interchangeably to refer to the crime of operating a vehicle while under the influence of alcohol or drugs. In some jurisdictions, the terms have slightly different meanings.

In Alberta, the term DUI is used to refer to the offense of operating a vehicle while impaired by alcohol or drugs. This can include driving with a blood alcohol concentration (BAC) above the legal limit, as well as driving while under the influence of drugs.

DWI, on the other hand, is a term that is used in some other jurisdictions to refer to the offense of operating a vehicle while intoxicated. In these jurisdictions, the term DWI may be used to refer to both alcohol- and drug-related impairment.

DUI and DWI are not consistently used across all jurisdictions, with some using DUI to refer to both alcohol and drug-related impairment and others using DWI for this purpose.

Operating a Vehicle While Impaired by Alcohol or Drugs is a Criminal Offense in Alberta

You may not be aware that it is a criminal offense to operate a vehicle while impaired by drugs or alcohol in any degree in Alberta.

This means that the police do not need to prove that you had a specific concentration of drugs or alcohol in your system. Instead, they must provide evidence that you were operating a vehicle, had consumed drugs or alcohol, and that these substances impaired your ability to drive.

It is worth noting that the term “operating” a vehicle is not limited to actually driving the vehicle. If you are in care or control of the vehicle while your ability to drive is impaired by drugs or alcohol, you may be charged with an offense, even if you are not actively driving or intending to drive.

In addition to this offense, it is also a crime to operate a vehicle with a blood alcohol concentration or blood drug concentration above the legal limit within two hours of stopping operation.

What is the Legal Limit for Alcohol and Drug Concentrations While Driving in Alberta?

For alcohol, the legal limit is equal to or more than 80 mg of alcohol in 100 mL of blood. 

For Cannabis, there are two different offences for differing concentration levels:

    • Between 2 nanograms (ng) and 5 ng of THC per mL of blood; or
    • 5 ng of THC or more per mL of blood. 

If you have any detectable amount of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, or 6-mam in your system, it is considered an offense. The legal limit for GHB is 5 mg or more per liter of blood. When alcohol and cannabis are combined, the legal limit is 50 mg or more of alcohol per 100 mL of blood and 2.5 mg or more of THC per mL of blood.

You Can Still Be Charged With a Dui or Dwi Even if You Are Not Actively Driving

It is important to note that even after you stop driving, you can still be charged if your blood concentration shows illegal levels of alcohol or drugs within a two-hour time period. However, there is an exception to this rule if:

  • If you consumed alcohol or drugs after you stopped operating the vehicle.
  • If you had no reasonable expectation that you would be required to provide a blood or breath sample, and (if applicable) if you were drinking alcohol.
  • If your alcohol consumption is consistent with a blood alcohol level that would have been below the legal limit while you were driving.

How the Police Assess Whether You Are Impaired

According to the law, police officers have the authority to stop vehicles and ask drivers if they have consumed alcohol or drugs. While you are not required to answer these questions, it is usually best to cooperate with the police and avoid becoming confrontational. You are required to present your driver’s license, vehicle registration, and proof of insurance to the police upon request.

You do not have the right to consult a lawyer before performing a roadside test. The police will make a judgment about your ability to drive safely based on a number of observations, tests, and samples, including:

In Alberta, police officers use a variety of methods to assess whether a person is impaired by alcohol or drugs while driving. These methods may include:

  1. If they can detect the smell of alcohol or drugs on your breath, your physical movements and behavior along with your answers to their questions.
  2. Standardized field sobriety tests (SFSTs): These are standardized tests that are designed to assess a person’s ability to safely operate a motor vehicle. Examples of SFSTs include the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test.
  3. Drug recognition evaluations (DREs): These evaluations are performed by specially trained officers who are trained to recognize the signs of drug impairment. A DRE typically involves a series of tests, including a preliminary breath test, pulse rate evaluation, and eye examination.
  4. Breathalyzer tests: These tests are used to measure a person’s blood alcohol concentration (BAC) by analyzing a sample of their breath. In Alberta, police officers are required to use approved instruments to conduct breathalyzer tests.
  5. Blood tests: In some cases, police officers may request a blood sample to be taken in order to measure a person’s BAC or to detect the presence of drugs in their system.

If an officer has reasonable grounds to believe that a person is impaired by alcohol or drugs, they may arrest the person and charge them with impaired driving.

Under recent changes to the Criminal Code, police officers in Canada are now able to conduct random mandatory roadside breath tests to screen for alcohol impairment. This means that drivers who are stopped for any other reason, such as a traffic violation or a check stop, may be required to provide a breath test. Refusing to provide a breath sample can result in the same penalties as being charged with impaired driving.

If you are arrested and taken to the police station or medical facility for further testing, you do have the right to have a lawyer present. Further testing may include:

  • evidence from roadside tests
  • evidentiary breath-screening test
  • bodily fluid sample testing
  • Drug Recognition Evaluation (DRE)

What are the Consequences of a DUI or DWI charge?

The penalties for impaired driving in Alberta can be severe. Effective December 1, 2020, Alberta introduced an Immediate Roadside Sanctions program, which provides serious and immediate consequences for all impaired drivers.

The specific penalties that a person may face for impaired driving in Alberta depend on the circumstances of their case and may include: a fine upwards of $1,000, an increased insurance rate (which may skyrocket as high as 300%), a lengthy driving license revocation or license suspension, vehicle seizure, and requirement to pay for and participate in Alberta’s Ignition Interlock program. 

In addition to these provincial penalties, impaired driving is also a criminal offense in Canada, and a person may face federal penalties, including driving prohibitions, fines, and jail time.

If you are facing an impaired driving charge or roadside suspension, it is crucial to seek legal guidance as soon as possible in order to understand your legal options and mount the strongest defense possible.

We Can Help

Kurie Moore Law Group has extensive experience with the law and its application in the courts. If you have been charged with impaired driving (or any other traffic-related offences), our lawyers are prepared to advocate for you.