“Nothing will happen to me, I'm a minor". Is that true? Juvenile crime and immigration to Canada
The myth that teenagers “will get away with everything” has been around for a long time.
And yes, Canada does have a separate justice system for youth — the Youth Criminal Justice Act (YCJA).
The philosophy of the justice system is simple: until the age of 18, the brain is not yet fully formed, and teenagers are not always able to foresee the consequences of their actions, their critical thinking and impulse control are less developed.
Therefore, juvenile court is often more lenient, with an emphasis on rehabilitation rather than punishment.
However, there is an important “BUT”. If a 16–17-year-old teenager acts consciously, demonstrates the maturity of an adult and commits a crime with a full understanding of the consequences, they can be judged as an adult.
To do this in Canada, the court must meet two independent conditions:
Prove beyond a reasonable doubt that the juvenile does not have what is called “diminished moral culpability”, so to say they have the maturity, moral understanding and judgment of an adult.
- Ensure that youth punishment is not enough to hold them accountable.
These criteria are considered separately.
What else is taken into account: a psychological report, an assessment of emotional development, the presence of traumatic experiences and a social context are of great importance here.
But recidivism is a red flag for the court. The first offence can be attributed to youth and stupidity, but if the violations are repeated, especially serious ones, the chances of staying in the juvenile system are increasingly slim.
Immigration perspective
There is an exception in the IRPA: crimes considered as youth offences are not considered as “clean as a whistle” crimes.
Therefore,
If you were sentenced in the juvenile system at 17, you are fine.
If you were given a sentence as considered as an adult, you are required to indicate this in any criminal questionnaires, and the officer will consider this as an adult criminal past.
And yes, my signature sarcasm:
Stole a chocolate bar at 16 and got a youth sentence? Sleep well, IRPA “will forgive you”.
Got involved “in a shady business” and got a sentence as an adult? Welcome to the category of “convicted adult”, even if your passport says you were 17.
Be careful and vigilant, take care of teenagers and tell them about this, it will be very useful.
Oleksandra Melnykova, Canadian Immigration and Refugee Consultant.
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