As a criminal defence lawyer who has represented numerous young clients in Canada’s youth criminal justice system, I understand the concerns and questions parents may have when their child becomes involved in the criminal justice system. The youth criminal system in Canada is unique and has its own set of rules and procedures. It’s essential for parents to understand how the system works to navigate the process effectively and support their child. In this article, we will discuss the key aspects of the youth criminal system in Canada and provide parents with the information they need to know.
Age of Criminal Responsibility
In Canada, the age of criminal responsibility is 12 years old. This means that a child who is 12 years old or older can be charged with a criminal offense and brought before the youth criminal justice system. However, there are exceptions for certain serious crimes, such as murder or attempted murder, where the age of criminal responsibility is lower, and a child as young as 10 years old can be charged. It’s important for parents to understand that children under the age of 12 cannot be charged with a criminal offense in Canada.
Principles of the Youth Criminal Justice System
The youth criminal justice system in Canada is guided by the principles set out in the Youth Criminal Justice Act (YCJA), which is a federal law that governs how young persons who are charged with criminal offenses are treated. The principles of the YCJA are based on the recognition that young persons have unique needs and vulnerabilities, and that their best interests must be taken into consideration. The principles include:
- Rehabilitation and Reintegration: The primary goal of the youth criminal justice system is to rehabilitate and reintegrate young persons back into society. This means that the system focuses on addressing the underlying causes of the offending behavior and providing young persons with opportunities for treatment, education, and skill development.
- Fairness and Equity: The youth criminal justice system is designed to be fair and equitable, taking into consideration the age, maturity, and individual circumstances of young persons. It recognizes that young persons may not have the same level of understanding and judgment as adults and that they should not be held to the same level of accountability.
- Proportionality and Restraint: The youth criminal justice system aims to use the least restrictive measures possible to hold young persons accountable for their actions. This includes using diversion programs, community-based sanctions, and custodial sentences only as a last resort.
- Timeliness and Speediness: The youth criminal justice system is designed to be timely and speedy, recognizing that delays can have a detrimental impact on young persons. It emphasizes the need for prompt resolution of cases and limits the use of pretrial detention.
- Enhanced Protection of Rights: The youth criminal justice system provides enhanced protections for the rights of young persons, including the right to legal representation, the right to remain silent, and the right to be treated with dignity and respect.
Process of the Youth Criminal Justice System
When a young person is charged with a criminal offense, the process of the youth criminal justice system begins. It’s important for parents to understand the different stages of the process and their rights and responsibilities during each stage.
Arrest and Detention
If a young person is arrested by the police, they have the right to be informed of the reasons for their arrest and the right to legal representation. The police also have the authority to release the young person with a warning or to detain them. If the young person is detained, they have the right to be brought before a youth court judge within 24 hours, excluding weekends and holidays. When being questioned by police, youth have the right to have a lawyer, parent, guardian or responsible adult present.
Bail Hearing
If the young person is detained, a bail hearing will be held to determine whether they should be released or detained pending the outcome of their case. At the bail hearing, the young person has the right to legal representation and the right to present evidence and make submissions on their behalf. The court will consider various factors, such as the seriousness of the offense, the young person’s criminal history, and the risk of reoffending, in determining whether to release the young person on bail or to detain them.
Pretrial Conference
After the young person has been released on bail or detained, a pretrial conference may be held to discuss the case and explore options for resolution without going to trial. This may involve discussions about diversion programs, community-based sanctions, or other alternatives to formal court proceedings.
Trial
If the case proceeds to trial, the young person has the right to a fair and impartial hearing. They have the right to be represented by legal counsel, to call and cross-examine witnesses, and to present evidence in their defense. Trials in the youth criminal justice system are held in youth court and publications bans are ordered to protect the privacy of the young person.
Sentencing
If the young person is found guilty or pleads guilty, a sentencing hearing will be held to determine the appropriate sentence. The court will consider various factors, such as the young person’s age, background, and level of culpability, in determining an appropriate sentence. The principles of rehabilitation, reintegration, proportionality, and restraint, as outlined in the YCJA, will also guide the court’s decision.
Record of Youth Offender
If the young person is found guilty, they may receive a youth record. However, the YCJA emphasizes the importance of rehabilitation and reintegration, and the record may not have the same consequences as an adult criminal record. In some cases, the young person may be eligible to have their youth record sealed or destroyed after a certain period of time, depending on the nature of the offense and their subsequent conduct.
Role of Parents in the Youth Criminal Justice System
As a parent, it’s crucial to understand that your role in the youth criminal justice system is essential in supporting your child and ensuring they receive fair and appropriate treatment. Here are some key things that parents need to know:
- Support and Advocate for Your Child: It’s important to support your child emotionally throughout the process and to advocate for their rights. This may involve helping them understand their legal rights, assisting them in finding legal representation, and ensuring that their voice is heard in court proceedings.
- Participate in Case Planning: Parents are often involved in the case planning process, which includes discussions about diversion programs, community-based sanctions, and other alternatives to formal court proceedings. It’s important to actively participate in these discussions and to provide input on what you believe is in the best interest of your child.
- Collaborate with the Legal Counsel: If your child has legal representation, it’s crucial to collaborate with their lawyer and provide them with relevant information about your child’s background and circumstances. This can help the lawyer build a strong defense and advocate for an appropriate resolution.
- Attend Court Proceedings: It’s important to attend court proceedings and be present to support your child. Court can be overwhelming for young persons, and your presence can provide them with emotional support during this challenging process.
- Encourage Rehabilitation and Reintegration: The youth criminal justice system in Canada emphasizes the importance of rehabilitation and reintegration. As a parent, you can play a crucial role in supporting your child’s rehabilitation by encouraging them to take responsibility for their actions, to participate in treatment programs, and to make positive changes in their life.
Conclusion
As a criminal defence lawyer, I understand the concerns and questions parents may have when their child becomes involved in the youth criminal justice system in Canada. It’s important for parents to be informed about the legal process, their child’s rights, and their role in supporting their child throughout the process. The youth criminal justice system in Canada is focused on the rehabilitation and reintegration of young persons, with an emphasis on diversion, community-based sanctions, and alternatives to formal court proceedings. Parents can play a critical role in ensuring their child’s rights are protected and advocating for their best interests.
It’s important to remember that every case is unique, and seeking legal advice from an experienced criminal defence lawyer who specializes in youth criminal law is essential. A skilled lawyer can provide guidance and representation throughout the entire process, from bail hearings to trials and sentencing, and can work to achieve the best possible outcome for the young person. If your child has been charged with a criminal offence, please do not hesitate to contact me for a free consultation.