Ages of Criminal Responsibility under the YCJA

Question 1

To whom does the Youth Criminal Justice Act (YCJA) apply?

Answer 1

The YCJA applies to young people between the ages of 12-17 who are charged with criminal code offences

Question 2

What is the incapacity of children?

Answer 2

Incapacity of children refers to the principle that children under the age of 12 are considered incapable of understanding the nature and consequences of a criminal act

Question 3

How are offenders under the age of 12 dealt with?

Answer 3

Offenders under the age of 12 are dealt with by their parents, social welfare, and with the application of the mental health laws of the province

They can be placed in foster/group homes or sent for treatment in secure mental health facilities

Question 4

How are offenders aged 18 or older dealt with?

Answer 4

Offenders aged 18 or older go through an adult trial, sentencing, and undergo adult penalties, BUT the charges against them remain the same