Type of document: Prosecution Directive
Effective date: November 14, 2017

Resolution discussions and sentencing

The sentencing regime for young persons in the Youth Criminal Justice Act, including specific sentencing principles, is distinct from that of adults. The YCJA places a general emphasis on community-based dispositions for young persons and adult sentencing provisions such as mandatory minimum sentences do not apply.

The YCJA further directs that a youth justice court shall not commit a young person to custody unless:

  1. the young person has committed a violent offence
  2. the young person has failed to comply with non-custodial sentences
  3. the young person has committed an indictable offence for which an adult would be liable to imprisonment for a term of more than two years and has a history that indicates a pattern of either extrajudicial sanctions or of findings of guilt or both under this Act or
  4. in exceptional cases where the young person has committed an indictable offence, the aggravating circumstances of the offence are such that the imposition of a non-custodial sentence would inconsistent with the purpose and principles of sentencing under the YCJA.

Where lawfully available, Prosecutors may seek a custodial sentence for a young person where a non-custodial sentence would be inadequate to hold the young person accountable for their actions. Prosecutors must consider the background of the young person and the circumstances and nature of the offence.

Other factors to be considered include the availability of appropriate programming options, both in the community and in custodial centres and the location of open and secure custody facilities and their proximity to the young person’s family and support network.

Reference should be made to the Victims Directive.

Adult sentences

Young persons’ found guilty of an offence committed when they were at least 14 years of age are eligible to be sentenced as an adult for offences punishable by a sentence of at least two years’ incarceration.

The Prosecutor must seek an adult sentence for those serious violent offences defined in the YCJA as murder, attempted murder, manslaughter and aggravated sexual assault. If, in the opinion of the Prosecutor, a youth sentence would be appropriate, the Prosecutor must obtain the approval of the Crown Attorney and Director prior to agreeing to the youth sentence.

The Prosecutor may seek an adult sentence, with the prior approval of the Crown Attorney, for all other cases where the Prosecutor determines the maximum youth sentence would be insufficient to hold the young person accountable for their actions.

DNA orders

DNA orders are applicable to young persons’ found guilty of criminal offences. For the purpose of DNA collections, the Criminal Code designates eligible offences as either compulsory primary offences, other primary offences or secondary offences.

Prosecutors must remind the youth justice court of its obligation to make a DNA order for each primary designated offence.

Prosecutors should request a DNA order for each secondary designated offence. In determining whether to seek a DNADNA order for these offences, the Prosecutor must consider the principles of the YCJA.

Weapons prohibition orders

A weapons prohibition order for a period not exceeding two years is mandatory for young persons’ found guilty of certain offences in the Criminal Code. The Prosecutor must request such an order when the young person is found guilty of any of these offences.

A weapons prohibition order for a period not to exceed two years may be imposed if the young person is found guilty of some offences in the Criminal Code. The Prosecutor may request such an order when the young person is found guilty of any of these offences.

Lifting the ban on publication of a young person’s identity

The YCJA prohibits the publication of information that would identify a young person dealt with under the act. However, the ban may be lifted in certain circumstances.

First, if the young person receives an adult sentence, the ban on publication is lifted automatically pursuant to the legislation.

Secondly, in exceptional circumstances, when a young person is found guilty of a violent offence, and is sentenced as a youth, Prosecutors may request the lifting of the ban on publication. The exception to lifting the ban on publication is available only where the young person is deemed a high risk to re-offend violently and lifting the ban is necessary to protect the public.

If, in the opinion of the Prosecutor, such exceptional circumstances exist, the Prosecutor must obtain the prior approval of the Crown Attorney or designate to request the lifting of the publication ban.

Reference should be made to the Victims Directive.

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