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Legal Rights of Young People

+Recap

When a young person is questioned, the person’s rights cannot be violated because of our Charter.

Youth have the right to hire a lawyer

Youth have the right to contact their parent

+Searches

Under s. 495(1) of the Criminal Code, the police are permitted to search youths without a warrant if they have reasonable grounds to believe the search will uncover evidence.

Read the two examples on page 315. Thoughts? Thoughts about the side note on page 315.

+Evidence

It is highly advantageous for youth to retain their rights when being questioned.

In 1990, the Supreme Court of Canada ruled that evidence could not be used in court against a young accused if the young persons rights had be violated during the gathering of evidence.

However, under the Youth Criminal Justice Act, if the officer questioning the youth does not fully comply with the questioning conditions, the evidence may be admitted if the judges finds that only a technical irregularity occurred.

Read page 317-318 about youth statements.

+Public Identities

The media can report on youth cases but in most cases cannot publish the name or other identifying information.

It is important to protect the privacy of youth because many people believe that knowing a young defendant’s identity could prejudice teachers, classmates, or community member against a youth and his/her family.

Under section 110 of the Youth Criminal Justice Act, the identity of a youth who receives an adult sentence can be published after conviction.

+Youth Criminal Justice System.

Chart on page 319

Note at the top that officers have a choice of how to deal with young offenders.

Other thoughts on the chart?

+Community Based Measures If this is a first offence of a non-violent crime, an officer can

offer community based measures.

Extra-judicial sanctions are usually community-based programs aimed at having youth take responsibility for his/her actions.

List of requirements on page 321.

Record of community based measures must be destroyed if the youth does not commit any further offences for 2 years.

The youth may need to complete all or some of the following: Must apologize to the victim Replace or repair the damaged property/stolen goods Meet with the victim to find out how the crime affected him/her Perform some kind of community service for a certain period.

+Youth Justice Court

For young people between 12-18 years old.

Youth have the right to a bail hearing if detained. The judge will take into account the seriousness of the crime and the likelihood that the youth will appear in court if released.

If a young offender is released, there are normally conditions, such as a curfew or supervisions by parent/other adult.

+Detention

If the judge has reason to believe they will not appear or will reoffend, the youth will be detained.

Detention is very disruptive for youth and may prevent them from going to school or being with family.

Not all detention facilities are appropriate – example at top of page 322.

If a person committed a crime before turning 18, they may be tried in youth justice court; however, they may have to serve their sentence in an adult facility.