The YCJA came into force in April 2003 and was amended in October 2012. This Act sets out the framework for extrajudicial and judicial intervention for young persons aged 12 to 17 who commit an offence under the Criminal Code or other federal legislation.
The YCJA aims to protect the community through a variety of means, including:
- requiring youth to bear the consequences of their crimes by means of measures proportionate to the gravity of their offence and their degree of responsibility;
- promoting the rehabilitation and reintegration of youth who have committed offences;
- contributing to crime prevention by directing youth to community-based programs or agencies to address the causes of youth crime.
The youth criminal justice system (YCJA) is different from the adult criminal justice system, primarily in terms of its objectives, judicial and extrajudicial proceedings. It aims to promote reparation for the damage done to the victim and the community;
A victim of an offence committed by a youth has the right :
- Know the identity of the youth responsible for the offence;
- Be informed of and participate in proceedings against the youth, if desired;
- Prosecute the youth;
- Demand that they be treated with courtesy and compassion, respecting their privacy.
The Outaouais Alternative’s mandate is to provide victims with the opportunity to express themselves, to be heard while being informed and also to give them the opportunity to get involved in the judicial process and obtain redress.
Compensation for damage to the victim comes in different forms:
- meet with the victim in the presence of a mediator;
- perform volunteer work for the victim;
- pay a sum of money to the victim;
- apologize to the victim.
Where the victim of the offence does not wish to obtain a so-called direct reparation, the reparation of the youth may be carried out in the community and consists of volunteering or donating to a community organization. The remedial approach may also involve the development of the adolescent’s social skills. For example, the offender may participate in individual or group activities related to their offending behaviour.
« The victim has the right to know the direction the youth’s case will take, whether or not they are involved in the reparation.»