Under the Youth Criminal Justice Act (YCJA), a youth aged 14 to 17 can only be sentenced as an adult if they are convicted of a serious violent offence-such as murder or manslaughter-and the Crown prosecutor successfully proves to the court that a standard youth sentence is not long enough to hold them accountable.
The Bounds of the Youth Criminal Justice Act
The Canadian justice system fundamentally believes that teenagers have a higher capacity for rehabilitation than adults. 👤 Because their brains are still developing, youths who commit crimes are governed by the Youth Criminal Justice Act (YCJA), which focuses heavily on reintegration rather than strict punishment. However, when a youth commits a horrific, violent indictable offence, public safety and the demand for justice must be balanced against the youth’s age.
If a youth is charged with a severe crime like first-degree murder, attempted murder, manslaughter, or aggravated sexual assault in a city like Toronto, Calgary, or Vancouver, the stakes become unimaginably high. The law allows the Crown prosecutor to apply to the court to have the youth sentenced as an adult. This means that instead of facing a maximum youth sentence, the teenager could face life in prison, just as if they were 25 years old at the time of the crime.
Facing an adult sentence application is the most serious jeopardy a minor can face in Canada. 💼 It is absolutely vital to retain an elite criminal defence law firm. The legal battles surrounding these applications are complex, requiring psychiatric assessments, expert testimony, and a fierce defence to protect the youth from decades behind bars.
Step-by-Step Process: Adult Sentencing for a Youth
The process of attempting to sentence a minor as an adult is strictly regulated by federal law and requires the Crown to jump through several legal hoops.
Step 1: Determining Age and Offence Eligibility
First, the youth must be at least 14 years old at the time the offence was committed. (Note: Provinces have the authority to raise this minimum age to 15 or 16, but most stick to 14). Secondly, the crime must be a “serious violent offence.” The system no longer automatically presumes adult sentences for certain crimes; the Crown must always make a deliberate choice to seek one.
Step 2: The Crown Files a Notice of Intention
The Crown prosecutor cannot surprise the defence at the last minute. 📝 They must formally advise the youth and the court of their intention to seek an adult sentence before the youth enters a plea, or before the trial begins. This gives the defence lawyer adequate time to prepare psychological evidence for the sentencing phase.
Step 3: The Trial and Conviction
The trial proceeds in Youth Justice Court (often part of the provincial court system or Superior Court of Justice, depending on the province and election). The trial rules remain the same as any youth trial. The issue of an adult sentence is entirely irrelevant during this phase; the only question is whether the youth is guilty beyond a reasonable doubt.
Step 4: The Sentencing Hearing
If the youth is found guilty, a separate, highly contentious sentencing hearing occurs. 🗂 The presumption is always that the youth will receive a youth sentence. The burden of proof is entirely on the Crown. They must prove to the judge that the youth’s moral blameworthiness is extremely high, and that the maximum youth sentence would simply not be long enough to hold the youth accountable for the violence.
How Much Does a Major Youth Defence Cost in Canada?
Defending a youth against an adult sentence in a homicide or severe violence case is financially draining. Families should expect massive legal expenses:
- Criminal Defence Lawyer Fees: A senior trial lawyer handling a murder case over 12 to 24 months will typically charge between $50,000 and $150,000+ CAD depending on the length of the trial and sentencing hearing.
- Expert Witnesses: The defence will need to hire forensic psychologists or psychiatrists to testify about the youth’s brain development, trauma, and potential for rehabilitation. These reports often cost $5,000 to $15,000 CAD.
- Legal Aid: If the family cannot afford a lawyer, they can apply for provincial Legal Aid. Because of the severity of the charge, a Legal Aid certificate is almost always granted to cover a private lawyer’s basic tariff fees.
Comparing Youth vs. Adult Sentences for Murder
The difference between the two outcomes is life-altering. 📍 Here is a look at what happens for First-Degree Murder.
| Factor | Maximum Youth Sentence (YCJA) | Adult Sentence (Criminal Code) |
|---|---|---|
| Length of Sentence | Maximum 10 years. | Life imprisonment. |
| Custody Breakdown | Max 6 years in custody, 4 years supervised in the community. | No automatic release; must apply for parole. |
| Parole Eligibility | N/A (Fixed sentence length). | Eligible to apply for parole after 10 years (if under 16 at the time of offence). |
How Long Does the Process Take?
Major violent crime trials are marathons, not sprints. 📅 From the date of the arrest to the final decision at the adult sentencing hearing, the process regularly takes 2 to 3 years. During this time, the youth is typically held in a secure pre-trial youth detention facility, as bail is exceptionally difficult to secure for a youth charged with murder.
Frequently Asked Questions (FAQ)
Where does a youth serve an adult sentence?
Even if given an adult sentence, the youth will initially serve their time in a youth detention facility. Once they turn 18 (or up to 20 in some cases), they are transferred to an adult federal penitentiary to serve the remainder of their sentence.
Does the youth get a permanent criminal record?
Yes. If a youth is sentenced as an adult, the privacy protections of the YCJA vanish. Their name is published, and they receive a permanent adult criminal record just like any adult offender.
Can a 13-year-old be sentenced as an adult?
No. Under Canadian law, you must be at least 14 years old at the time the offence was committed for the Crown to even apply for an adult sentence. A 12 or 13-year-old will always face a youth sentence, no matter how severe the crime.
Can the public attend the trial?
Yes, youth trials are generally open to the public. However, strict publication bans prevent the media from publishing the youth’s name or identifying details unless and until the judge actually imposes an adult sentence.
Can an adult sentence be appealed?
Yes. If the trial judge imposes an adult sentence, the defence lawyer can appeal the decision to the provincial Court of Appeal, arguing that the judge made an error in assessing the youth’s capacity for rehabilitation.
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