Youth criminal Lawyers in Canada

Section 2 defines a young person as a person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older but less than eighteen years old. It also includes, where the context requires, a person charged under the Act with an offence committed while he or she was a young person.

Section 3 says the youth criminal justice system is intended to protect the public by holding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person, by promoting rehabilitation and reintegration, and by referring young persons to programs or agencies in the community. The system for young persons must be separate from that of adults.

Section 4 says that extrajudicial measures are often the most appropriate and effective way to address youth crime. They are presumed to be adequate where the young person has committed a non-violent offence and has not previously been found guilty of an offence. Under section 6, a police officer must, before starting judicial proceedings, consider whether it would be sufficient to take no further action, warn the young person, administer a caution if a program exists, or refer the young person, with their consent, to a community program or agency.

An extrajudicial sanction is a further step. Under section 10, it may be used only if a warning, caution or referral cannot adequately deal with the young person because of the seriousness of the offence, the nature and number of previous offences or other aggravating circumstances. The young person must fully and freely consent, must have been advised of the right to counsel and must accept responsibility for the act or omission. It cannot be used for a young person who denies participation or involvement. If a charge is laid anyway, section 10(5) says the youth justice court shall dismiss it if satisfied that the young person has totally complied with the terms and conditions of the sanction.

Section 25 gives a young person the right to retain and instruct counsel without delay, at any stage of the proceedings. An arresting officer must advise a young person who is arrested or detained of that right without delay.

Section 146 sets rules for statements. A statement made by a young person under eighteen to a peace officer or other person in authority, on arrest or detention or where the person has reasonable grounds to believe the young person committed an offence, is not admissible against the young person unless it was voluntary and certain steps came first. The person receiving it must have clearly explained, in language appropriate to the young person's age and understanding, that there is no obligation to make a statement, that it may be used as evidence, and that the young person may consult counsel and a parent or other appropriate adult. The young person must also have been given a reasonable opportunity to do so.

Section 146(3) sets an exception for oral statements made spontaneously. Under section 146(4), a waiver of the right to consult must be recorded on video tape or audio tape, or be in writing and signed. Under section 24(2) of the Charter, evidence obtained in a way that infringed Charter rights is excluded if admitting it would bring the administration of justice into disrepute. Whether any of this applies to a given case is for the court.

When a youth justice court finds a young person guilty and is imposing a youth sentence, section 42 says the court shall impose any one of the listed sanctions, or any number of them that are not inconsistent with each other. The list includes a reprimand, an absolute discharge, a discharge on conditions, a fine not exceeding $1,000, compensation, restitution, and probation for a specified period not exceeding two years.

It also includes a custody and supervision order, in which part of the sentence is served in custody and part under supervision in the community subject to conditions. The total of the periods may not exceed two years, or three years where the offence is punishable by imprisonment for life. A deferred custody and supervision order may be for a specified period not exceeding six months.

Under section 2, an adult sentence means any sentence that could be imposed on an adult convicted of the same offence. Section 64(1) lets the Attorney General apply to the youth justice court for an order that a young person is liable to an adult sentence. The young person must have been found guilty of an offence for which an adult is liable to imprisonment for a term of more than two years, committed after the young person attained the age of 14 years. The application is made before evidence is called as to sentence, and section 64(2) requires notice to the young person and the court.

Section 110(1) says that no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under the Act. The ban does not apply where the young person has received an adult sentence, and the section sets other limits.

Section 119 sets periods during which the persons it lists can be given access to a record, and the period depends on the outcome. Where an extrajudicial sanction is used, it ends two years after the young person consents to the sanction. Where the young person is found guilty of an indictable offence, it ends five years after the youth sentence has been completed.

In Ontario, every charge under the Criminal Code, the Controlled Drugs and Substances Act, the Youth Criminal Justice Act and most other federal statutes starts in the Ontario Court of Justice, and about 95% are completed there. The court publishes daily lists of adult criminal cases, and youth cases are not on them.

Section 37 says that appeals follow the Criminal Code: Part XXI for indictable offences and Part XXVII for summary conviction offences. In Ontario, an appeal from a conviction on indictment goes to the court of appeal, as of right on a question of law alone and with leave on a question of fact or of mixed law and fact. An appeal against sentence also needs leave. A summary conviction appeal goes to the Superior Court of Justice sitting in the region, district or county where the case was decided.

Legal Aid Ontario may pay for a lawyer if the person qualifies and is charged with a crime that could mean jail on conviction, or is 12 to 17 and charged under the Youth Criminal Justice Act. Duty counsel is a lawyer at the courthouse for that day. Duty counsel can advise on rights, ask to delay a court date, act at a bail hearing, help with a guilty plea, speak at sentencing, and meet the Crown, for people who qualify and have no lawyer.

A legal aid certificate pays a roster lawyer, one approved to take legal aid clients, for the length of the criminal case. Applications are online or by phone at 1-800-668-8258. The Law Society of Ontario keeps a public Lawyer and Paralegal Directory, where a lawyer's licence can be looked up. Nothing on this page ranks or recommends any lawyer.