If you are facing criminal charges as a youth, you need a criminal defence lawyer in Calgary to look at your case as soon as possible.
In Canada, when young people between the ages of 12 and 17 break the law, they are subject to the Youth Criminal Justice Act (YCJA). This separate justice system focuses on helping young people, not purely punishing them.
The Criminal Code of Canada says that teens can be charged with the same crimes as adults, such as shoplifting or assault. However, the sentences for young people are less severe.
For less serious crimes, the YCJA stresses using alternatives to formal charges, or extrajudicial measures. These include warnings, police warnings, referrals to community programs, and punishments that don’t involve going to court, like community service or paying the victim back. A young person might get an adult sentence in very rare cases of violent crimes.
Even then, the names of the teens are automatically kept secret to protect their privacy and futures, unlike in the adult system where names are generally made public.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Calgary, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help youth accused of criminal offences beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact a lawyer today by calling (403) 719-6410.
Key Takeaways
- In Canada, the Youth Criminal Justice Act (YCJA) makes a different system for kids and teens aged 12 to 17, separate from the adult courts.
- Even for serious offences, young people are treated differently. The goal is to help them get better and rejoin society, not to punish them.
- Detaining a young person is only done as a last resort, and courts must look at all reasonable options before giving a custody sentence.
- Most of the time, young people get the longest sentences of two years. But for really violent crimes, they can get up to three years. In the youth system, there are no life sentences.
- Usually, the rules for young people who are out on bail are less strict than those for adults. They could include curfews, rules about going to school, and not being around certain people or places.
- Youth records are sealed or destroyed after a certain amount of time, usually three to five years after the sentence is over. Adult records, on the other hand, can last forever.
- Warnings, community service, or counselling programs are some of the things that can help young people avoid or successfully defend themselves against charges.
- Young people have more legally protected rights, such as the right to have a parent or guardian with them when they are being questioned and stronger protections for their right to an attorney
How Our Lawyers Help With a Youth Offence Charge
Our lawyers know a lot about the Youth Criminal Justice Act.
- We know what the youth system cares about, and we can often ask for other options instead of going to court.
- Before charges are filed, our team can give youth important legal advice that could keep the case out of court altogether. Depending on the circumstances, community service or counselling could be a better option for them.
- Our team can make sure that young clients know when don’t have to talk to the police, which can help prevent them from giving unnecessary information. We work with parents or guardians to make sure that everyone involved can work as a team.
- Our lawyers are well versed in the types of evidence that would be helpful in these cases. Evidence of how well they do in school and how much support they get from their family is helpful. In some situations, we might hire child development or education experts to talk about a young person’s skills or special needs that could have led to the behaviour in question.
- The rules and ways of sentencing in youth courts are very different from those in adult courts. Our lawyers know how to deal with these kinds of problems, such as meetings with youth justice committees, programs for alternative measures, and youth court rules.
- During the trial, we make sure that the extra protections for young people are followed. We also come up with a defence plan that looks at how it will affect the young person’s health, job, and education in the long run.
Examples of Youth Criminal Offences
Here are some situations that could lead a youth to criminal charges:
- A 14-year-old girl steals $75 worth of makeup from a store. This is the first time she’s ever done something illegal. According to Section 334(b) of the Criminal Code, this is theft less than $5,000. The police don’t formally charge her because she is young and has never been in trouble with the law before. Instead, they give her a warning outside of court. She has to write a letter of apology to the store and do 15 hours of community service. She doesn’t have to live with a criminal record.
- A sixteen-year-old hits another student in the face at school, making their nose bleed. Section 266 of the Criminal Code says that he is guilty of assault. His youth defence lawyer helps him get into an extrajudicial sanctions program because this is his first crime and the injury wasn’t serious. He has to go to counselling to learn how to control his anger, write an apology to the victim, and do 30 hours of community service. If he does these requirements, the charge will be dropped.
- A 15-year-old and two friends break into their school at night and damage several classrooms, costing $3,000. They are caught on security cameras and charged with breaking and entering. He has to go through the formal youth court process and the judge gives him six months of supervised probation and 50 hours of community service.
- A 17-year-old has MDMA pills at a party. Possession of MDMA is illegal, but this is his first offence and he only had a small amount for personal use. He is sent to a drug diversion program for teens. He must attend drug education and counselling classes regularly for 6 months. If he finishes the program and stays out of trouble, the charge will be dropped and there will be no permanent record.
Consequences of a Youth Criminal Charge
In Canada, the punishment for a criminal offence is different for a person between the ages of 12 and 17 than it is for an adult.
The Youth Criminal Justice Act (YCJA) sets up a separate system that focuses more on helping teens change their behaviour than punishing them.
- In the adult system, crimes can be summary, indictable, or hybrid (can be either). The YCJA doesn’t use these categories. It looks at the young person’s life, the offence, and what will help them the most instead.
- Unlike adults, teens don’t have to serve any minimum sentences. This only happens when a young person is found guilty of murder and is given an adult sentence. This gives judges a new way to look at each case involving a young person.
- Most of the time, sentences for youth custody are less than two years long. However, they could go to jail for up to three years for very serious violent crimes like murder or aggravated sexual assault.
- If a young person is tried as an adult and found guilty of murder, they could spend up to ten years in prison, some of which would be in the community.
- There are two parts to youth custody: time spent in a youth facility and time spent under community supervision. A 6-month custody sentence often means a split, such as 4 months in a youth facility and 2 months of being monitored in the community.
- The justice system often tries to keep teens and young adults out of court, especially if it’s their first time or a crime that doesn’t involve violence.
- They do this with warnings, police cautions, or community programs instead of going to court. Judges must think about all reasonable options before giving custody or fines, even when the case goes to court.
- Adult criminal records can last forever, but records for minors are usually sealed or destroyed three to five years after they have served their time. This fits with the YCJA’s goal of letting youth learn from their mistakes without having to deal with the consequences for the rest of their lives.
Youth Offence Defences
In Canada, a young person who is charged with a crime can use certain defences that take into account their age, development, and the fact that the youth justice system is different from the adult system.
Here are some defences that might apply in different situations:
- Age and stage of development can be a strong defence for teens and young adults who are being charged with an offence. The laws in Canada know that teens’ brains are still developing and that they might not fully understand how their actions affect other people like adults do. This defence depends on whether the young person was mentally capable of having the criminal intent (mens rea) needed for the crime.
- When it comes to procedures, the YCJA gives young people more rights than the Charter. If these special rules are not followed, charges might be dropped or evidence might not be used.
- The YCJA says in Section 3(1)(b)(ii) that “fair and proportionate accountability” is needed. This means that it is against the purpose of the act to bring formal charges if the charge is not proportionate to the offence.
Youth Criminal Charge Investigation
There are special rules in Canada for investigating offences committed by youth between the ages of 12 and 17. These rules are meant to protect their rights and recognize their vulnerability.
- When someone calls the police about a possible crime involving a young person, the police will decide if they can settle the case informally without filing formal charges.
- When the police question a young person, they have to tell them that they have the right to stay silent and have a parent or guardian with them. The police also need to make sure that the young person understands these rights and they are communicated in an age appropriate way.
- Instead of pressing charges, the police can issue warnings, send the young person to community programs, or require that they write letters of apology.
- The police write a report for the Crown prosecutor if they think they have enough evidence to file formal charges. The prosecutor also needs to think about whether it would be better to redirect this case out of the court system.
- The police have stricter rules about what they can use as proof from a young person than from an adult. If the police violate the youth’s enhanced procedural rights, the evidence may not be allowed in court.
Bail Conditions for Youth Criminal Charges
The Youth Criminal Justice Act says that keeping a young person in custody should only happen in very serious cases where there is no other reasonable way to keep the public safe or make sure the young person shows up in court.
The police usually release a young person to their parents or guardians when they are charged with a crime, especially if it is their first time or nonviolent offence. This is known as “release to a responsible person.”
The crime and the young person’s situation will affect the bail conditions.
- Every young person who is out on bail must go to all of their court dates.
- They will have to live with an adult that the court has approved, like a parent or guardian.
- They need to see their assigned youth worker on a regular basis.
- They also can’t talk to any of the people who are victims or witnesses in their case.
For more information, visit our page on The Bail Hearing Process in Calgary.
