Youth criminal justice (YCJA)

Can VP Avocats help?

Yes. VP Avocats focuses on representing adolescents facing criminal charges under the YCJA. Our role is to understand the situation quickly, explain the available options clearly to the young person and their family, and put in place a defence strategy suited to the circumstances of the file. In Québec, the youth criminal process applies to people aged 12 to 17 at the relevant time; turning 18 does not automatically erase the consequences of an offence allegedly committed as an adolescent.

Situations and charges covered

• Assault, assault with a weapon or causing bodily harm
• Threats and criminal harassment
• Mischief, theft and break and enter
• Possession or trafficking of narcotics
• Possession or use of a weapon and firearms offences
• Sexual offences
• Fraud
• Dangerous driving and other criminal driving offences
• Offences committed in a group or in a school setting
• Offences involving social media or electronic communications

Similar situations not covered

• Youth protection files (Youth Protection Act, DPJ), which concern situations where a child's security or development may be compromised
• Family litigation (custody, support)
• Civil or school-related proceedings arising from the same facts

What can happen next

• Police intervention: a file may begin with an investigation, an arrest or a request to meet the young person. An adolescent has the right to remain silent and the right to counsel without delay, including before and during consideration of an extrajudicial sanction.
• Extrajudicial measures and sanctions: a police intervention may lead to a warning, a referral to a community program, or the extrajudicial sanctions program (mediation, awareness activities, reparation, community work), without necessarily bringing the file before the court.
• First appearance: if charges are laid, the young person will generally have to appear in court. This step determines how the proceedings continue and, depending on the circumstances, addresses release.
• Detention and release: the YCJA sets out specific rules. Conditions must take into account the young person's situation and real ability to comply; a concrete plan (parental supervision, school attendance, place of residence) can be decisive.

Evidence usually examined

• Documents given by the police (undertaking, summons, conditions)
• School information and a recent report card, if applicable
• Information about the young person's family situation and living environment
• Any correspondence received from the extrajudicial sanctions program

Mistakes to avoid, immediate steps

• Encouraging the young person to discuss the facts with authorities before obtaining legal advice
• Accepting an extrajudicial sanction without understanding what it involves
• Assuming the file will automatically disappear at 18
• Posting or commenting about the situation on social media

Case stages

1. Explain the young person's rights and analyse the charges laid
2. Review the available evidence and make representations to the authorities where appropriate
3. Assess the possibility of extrajudicial measures or sanctions
4. Prepare a release application supported by a concrete plan
5. Negotiate a resolution of the file where it is in the young person's interest
6. Prepare the file for trial and present relevant personal, family and school circumstances
7. Make appropriate sentencing submissions if the young person is found guilty

Useful documents and information

• Undertaking, summons or imposed conditions
• Documents provided by the police or the extrajudicial sanctions program
• The young person's identification
• Contact details for the parents or guardian

Possible consequences

• The court applies the YCJA sentencing regime, which aims at holding the young person accountable while promoting rehabilitation and reintegration and, ultimately, the long-term protection of the public.
• Depending on the file, consequences may include various community-based sanctions or, in certain circumstances, a sentence involving custody.
• In some files, a pre-sentence report allows the court to obtain information about the young person's personal, family, school and social situation before sentencing.
• The YCJA provides a specific regime of confidentiality and publication restrictions, along with access periods for records that vary with the outcome of the file and the sentence imposed.