At Roulston Urquhart, we’ve represented many young people and noticed a common misunderstanding: that youth criminal records in Canada automatically disappear when a person turns 18. This is not true.
What Is the YCJA?
The Youth Criminal Justice Act (YCJA) governs how young people (12 to 17 years old) are treated in the criminal justice system. Sections 3(1)(a) and 3(1)(b) lay out the purpose and principles of the YCJA. Section 3(1)(a) states that the purpose of implementing the YCJA is to focus on:
- Holding youth accountable in a fair and age-appropriate way,
- Promoting rehabilitation and reintegration of youth,
- Using community-based programs to address the root causes of crime.
Additionally, section 3(1)(b) the YCJA imposes on criminal justice Courts that they must recognize the principle of “diminished moral blameworthiness” in youth, as a product of them being youth with less maturity and life experience. Therefore, criminal justice system must be separate for youth and adults. Because of this separation, Courts must emphasize the following factors when dealing with youth, focusing on:
- Rehabilitation and reintegration,
- Fair and proportional accountability because of their dependency and reduced level of maturity,
- Enhanced procedural protection, including the right to privacy,
- Timely intervention, reinforcing the link between offending behaviour and consequences, and
- The promptness and speed of holding the young person accountable, based on the “young persons’ perception of time”.
Youth vs. Adult Sentencing
Youth cannot be punished more harshly than adults for the same crime (s. 38(2)(a)), and the law aims for consistency in sentencing (s. 38(2)(b)). This means that if an adult is sentenced to a certain punishment for a crime, the youth person cannot receive a harsher sentence in the same circumstances.
Additionally, because the YCJA recognizes that youth are less morally blameworthy, there is a strong argument that a youth should not even receive the same punishment as an adult for the same offence. This principle is important when discussing youth vs. adult sentencing in Canada.
The Myth of Youth Criminal Records
There is a widespread misconception that youth criminal records disappear at 18 in Canada. While the YCJA does state that youth should have an increased level of privacy protection through destruction of records and barriers to access, it is not the case that they automatically are destroyed or become inaccessible at age 18.
Instead, there are set periods during which the record remains accessible, depending on the type of offence and sentence. The range of time that youth criminal records can be accessed for is between:
- 2 months, and
- Up to 5 years after completion of a sentence for an indictable offence
(See section 119(2) of the YCJA for access periods associated with different sentences).
After this period, section 128 requires that the record be sealed and destroyed. However, from our practical experience, this process can take time. Therefore, there is no certainty as to when a youth criminal record in Alberta is actually destroyed.
Why This Matters
If a youth delays addressing a criminal charge, it could extend the time their record stays accessible, possibly into adulthood.
Depending on the severity of the criminal offence and the sentence of the youth, this could impact:
- Immigration status
- Border crossings
- Job opportunities, and
- Post-secondary education.
At Roulston Urquhart, we understand how important it is to protect a young person’s future. If your child is facing a criminal charge, we’re here to ensure their case is handled with the care and expertise it deserves.
