Conclusion

If the goals of the criminal justice system include rehabilitation and prevention of further offending, then the research literature is clear: a distinct approach to young adult offenders that focusses on age-appropriate interventions and supports is warranted.

Distinct approaches to young adults in the justice system may be applied at various stages in the criminal justice system from pre-charge diversion, through specialized court procedures, to age-appropriate correctional programming.

Many of the suggested approaches above may be implemented through policy decisions by Provinces/Territories; some will require Federal-Provincial-Territorial agreement (e.g., modifications to youth justice cost-sharing agreements). Some would require legislative change; others may be possible on a policy basis but could further benefit from a legislative framework for support/implementation (e.g., presumptive use of alternative measures). Similarly, legislated mitigation of sentences for young adult offenders may be more effective than sentencing guidelines.

Options for moving forward must consider the Canadian context, including respective responsibilities of federal and provincial/territorial governments for criminal justice. The importance of addressing the significant over-representation of Indigenous peoples in the justice system cannot be understated – 42% of females and 29% males admitted to custody in Canada in 2018/2019 identified as Indigenous.Footnote 55 Options should also ensure the distinct needs of other racialized populations, women, and non-binary individuals are addressed.

The writer is grateful for the opportunity to participate in this important work, and encourages Justice Canada to continue to collaborate with Provincial-Territorial justice officials, non-government justice providers and academia to identify the best options for Canada.