Can youth ever be sentenced as adults? How the law works in Canada
It has left some wondering on social media — can young offenders in Canada who are near the age of majority ever be prosecuted or sentenced as adults?
In Canada, those under 18 face charges under the Youth Criminal Justice Act regardless of the crime, which also states that they cannot be named.
'We have a separate youth justice system because the law recognizes that young people have reduced moral blameworthiness,' said Voula Marinos, director of Brock University's forensic psychology and criminal justice program.
She's also a professor of child and youth studies.
'They're still changing in terms of their maturity. Emotionally they're changing, developmentally they're changing and we recognize that they, as a result, ought to be less criminally responsible than adults.'
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The Act says sentencing for a youth must be the 'least restrictive sentence' that will hold them accountable, while also promote his or her rehabilitation into society.
Under section 13 of the Criminal Code, no person shall be convicted of an offence nor can charges be laid on someone under the age of 12.
Can a youth be sentenced as an adult?
While youth cannot face trial as an adult, adult sentencing is possible for convicted youth if the crime was committed after they turned 14.
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Justice for Children and Youth, which provides legal representation in Ontario, says an adult sentence can be laid against a child 14 to 17 if convicted for murder, attempted murder, manslaughter or aggravated assault.
They can also face an adult sentence if convicted of an indictable offence or serious violent offence and the prosecutor applies for such a sentencing, or if found guilty of committing a serious offence for the third time.
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The Youth Criminal Justice Act says the person could be sentenced as an adult if they are or have been found guilty for a crime that would see an adult serve more than two years in prison.
What goes into that decision?
According to the Act, after a youth is found guilty but before sentencing, the Crown may make an application to the youth justice court for the youth to face an adult sentence.
The court will hold a hearing for arguments to be heard and then rule on the issue.
The judge would also look at various factors including the seriousness and circumstances of the offence, the person's age, background and criminal record.
An adult sentence would be imposed if, as laid out by the Act, it's deemed a youth sentence would 'not be of sufficient length' to hold the young person accountable.
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But Marinos said even a murder charge against a youth doesn't automatically mean an adult sentence is sought.
'It may be that by the time the young person has been found guilty and sentencing is to take place, that perhaps the young person has made a lot of changes already and the court recognizes that they're moving in the right direction,' she said.
Youth given an adult sentence can ask their lawyer about a potential appeal.
What could sentencing look like?
Under the Youth Criminal Justice Act, sentences for youth are different than the sentences for adults.
Unlike an adult being sentenced for first-degree murder who could face life in prison, for example, a young person could face no more than 10 years.
If a youth is convicted as an adult for the same charge, they could face life in prison if adult sentencing is allowed in their case.
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Should a convicted youth be sentenced as an adult, they would likely be placed in a youth facility until they become an adult at which point they'd be sent to an adult facility.
Justice for Children and Youth says at the age of 18, a judge must order the remainder of a sentence be served in an adult facility unless it's deemed not in their best interest and 'would not jeopardize the safety of others.'
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