Youth Criminal Justice Act (YCJA) Section 38

Giving youth an opportunity to heal and grow while taking responsibility for their actions is important. This publication looks at the diverse options available to youth under Section 38(2)(d) of the YCJA. It explains that all options other than custody that are reasonable must be considered for all youth, but particularly for Aboriginal youth. As this section reflects a similar intention to Section 718.2(e) of the Criminal Code, it recognizes the need to take into account the underlying circumstances of a youth’s offending behaviour. This publication also looks at some of the unique concerns for youth with FASD. It is a great resource to help youth, their families, and the community understand the creative options available to help youth steer clear of the criminal justice system. Additionally, a helpful insert is included that details supports, services, and resources available for youth, particularly Aboriginal youth and youth with FASD.


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