Age of criminal responsibility: The Youth Criminal Justice Act (YCJA) is the guiding legislation in Canada. Section 2 sets out the age jurisdiction for criminal responsibility: between 12 years or older but less than 18 years old, at the time of the alleged offence. Adolescents who were between the ages 14 to 17, at the
time of offence, may be sentenced as adults under certain conditions.
Child incarceration rate: As of the fiscal year ending March 31, 2023, Canada reported an average of 499 youths (individuals aged 12 to 17) in custody per day. This translates to an incarceration rate of approximately 2.52 per 10,000 youths, continuing a downward trend observed over the past two decades.
Recidivism Rates: There is no national consensus on the operational definition of recidivism; thus, recidivism rates are not available at a national level. Attached is a 2020 Report from the Department of Justice Canada examining “re-contact” with police and justice system in the provinces of Nova Scotia, Saskatchewan, Ontario, and Quebec.
Diversion Pathways: The YCJA authorizes the use of extrajudicial measures (EJM) to deal with young offenders outside the formal justice system. Section 6 requires the police to consider (1) taking no action, (2) warning the young person and/or (3) police caution; often involves the parents and may be in the form of a letter; and/or (4) referring the young person to a community-based program. Extrajudicial sanctions (EJS) are the more formal type of extrajudicial measures and are established by section 10. Section 10 states an EJS may be used only if a warning, caution, or referral is insufficient to hold a young person accountable.
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