Drug offences involving minors are a significant concern in Canada, as they impact not only the health and well-being of young individuals but communities in general. Minors refer to young persons (youth) who are 12 years of age or more, but under 18 years of age.

If you have been charged with a drug related crime, it is important to hire an experienced criminal defence lawyer as soon as possible.

What laws govern drug offences and minors?

Two key pieces of legislation govern drug offences involving minors in Canada: the Controlled Drugs and Substances Act (CDSA) and the Youth Criminal Justice Act (YCJA).

1. Controlled Drugs and Substances Act (CDSA)

The CDSA is the primary federal legislation that outlines the offences and penalties related to the possession, trafficking, and production of controlled drugs and substances in Canada. The CDSA applies to individuals of all ages, including minors.

2. Youth Criminal Justice Act (YCJA)

The YCJA is the primary federal legislation that governs the treatment of young persons who are accused of committing criminal offences, including drug offences. The YCJA sets out the principles, procedures, and sentencing options for youth who are charged with criminal offences, emphasizing rehabilitation and reintegration while holding them accountable for their actions.

What types of drug offences involve minors?

Common drug offences involving minors include:

1. Possession

Possession of a controlled substance without a valid prescription or authorization is illegal. The severity of the offence and penalties vary depending on the type and quantity of the substance.

2. Trafficking

Trafficking involves the sale, transport, or distribution of controlled substances. This offence can carry severe penalties, particularly if it involves trafficking drugs to other minors.

3. Production

Production involves the illegal cultivation, manufacture, or synthesis of controlled substances. Penalties for production vary based on the type of drug and the scale of the operation.

What factors are considered when sentencing minors?

When sentencing a minor for a drug offence, the court considers various factors, including the nature and seriousness of the offence, the offender’s level of involvement, and any prior criminal record. The court also considers the youth’s age, maturity, and individual circumstances, as well as the potential for rehabilitation and reintegration into society.

What sentencing options are available?

Under the YCJA, sentencing options for minors convicted of drug offences may include:

• Warnings or reprimands
• Referral to a diversion program or alternative measures
• Completion of community service hours
• Probation with specific conditions
• Participation in treatment, counseling, or educational programs
• Payment of restitution or compensation to victims
• Deferred custody and supervision
• Custody and supervision in a youth detention facility

The YCJA emphasizes the importance of rehabilitation and reintegration and aims to impose sentences that are proportionate to the seriousness of the offence while prioritizing the minor’s individual needs and potential for rehabilitation.

What are diversion programs and alternative measures?

Diversion programs and alternative measures are designed to provide minors who have committed drug offences with an opportunity to avoid the formal court process and a criminal record. These programs focus on rehabilitation, education, and addressing the underlying issues that may have contributed to the youth’s involvement in drug-related activities.

Diversion programs and alternative measures can take various forms, including:

1. Drug education and awareness programs: These programs aim to educate minors about the risks and consequences associated with drug use and addiction, promoting informed decision-making and healthy lifestyle choices.
2. Substance abuse treatment and counseling: Minors may be referred to substance abuse treatment programs or counseling services to address the root causes of their drug use and to support their recovery and rehabilitation.
3. Restorative justice programs: Restorative justice programs focus on repairing the harm caused by the offence and fostering accountability and empathy in the youth. These programs often involve facilitated meetings between the offender, the victim, and community members, allowing for open dialogue and the development of a plan to repair the harm.
4. Community service: Youth may be required to complete community service hours to give back to their community and to promote a sense of responsibility and accountability for their actions.
5. Mentorship programs: Mentorship programs pair youth with positive role models who can provide guidance, support, and encouragement, helping them to make better choices and develop healthy coping strategies.

Diversion programs and alternative measures are typically offered to first-time offenders or those who have committed less severe drug offences. Participation in these programs is usually voluntary, and successful completion often results in the dismissal of the charges or the avoidance of a formal criminal record.

Consequences of a youth drug conviction

A youth drug conviction can have lasting and far-reaching consequences for minors, affecting various aspects of their lives. Some of the potential consequences include:

1. Criminal record: Although the YCJA treats youth records differently from adult records, a youth drug conviction may still be accessible to certain organizations or individuals under specific circumstances, such as future employers, educational institutions, or law enforcement agencies.
2. Travel restrictions: A youth drug conviction may limit the individual’s ability to travel internationally, as some countries may deny entry to individuals with a criminal record, even if it is a youth record.
3. Employment opportunities: Employers may be hesitant to hire individuals with a youth drug conviction, particularly in industries that require security clearance, bonding, or a clean criminal record.
4. Educational prospects: Some educational institutions or programs may require background checks, and a youth drug conviction could potentially limit the individual’s access to certain courses, scholarships, or opportunities.
5. Social consequences: A youth drug conviction may also result in social stigmatization and strained relationships with family, friends, and the community.
6. Psychological impact: The experience of being involved in the criminal justice system and facing a drug conviction can have significant psychological effects on minors, potentially leading to feelings of shame, guilt, or depression.

Addressing drug offences involving minors through a comprehensive approach that emphasizes rehabilitation, education, and support is essential to minimize the potential long-term consequences of a youth drug conviction and to promote successful reintegration into society.

Get help

For more information on specific drug offences, including penalties, view other Answers in Criminal Law.

To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a crime, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 416-938-5858 .

								
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