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.
“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.