Charges against young offenders are treated differently and based on the belief that youth don’t hold the same reasoning as adults. However, young offenders can still be tried as an adult depending on the alleged crime and their age. At Roulston Urquhart Criminal Defence Firm, we advocate for the youth, working on the family’s behalf to ease the stress and minimize long-term repercussions.
Young people aged 12-17 charged with criminal offences are subject to different procedures and principles governed by the Youth Criminal Justice Act. Young offenders are entitled to specific treatments during arrest, investigation, and sentencing. The court’s ruling for young offenders is typically made with the goal to rehabilitate and reintegrate the youth into society. As your defence lawyer, it’s our responsibility to ensure your rights are protected and that your future is safeguarded.
Young people aged 12-17 charged with criminal offences are usually subject to different procedures and principles governed by the Youth Criminal Justice Act.
Youth, like adults, are charged under the same provisions of the Canadian Criminal Code or the Controlled Drugs and Substances Act however they are sentenced according to different principles that are outlined under the Youth Criminal Justice Act (YCJA). Constitutional rights given to adults under the Charter also apply to young persons but those rights are supplemented by the YCJA. When Courts deal with young persons, the emphasis tends to be on rehabilitation and reintegration.
Your case might be resolved by way of a trial, a guilty plea, or it may be withdrawn.
For example if you are charged with a less serious offence, you may be eligible for Extra Judicial Measures and upon completion of conditions imposed, your charges will be withdrawn.
Similarly, if you have a mental disorder that caused or effected your charges, you may be eligible for Mental Health Diversion (MHD). Once you complete your MHD conditions, your charges will be withdrawn.
Extra Judicial Measures and MHD require the Crown Prosecutor’s consent.
There is a wide spectrum of possible resolutions for youth offences ranging from a reprimand to adult sentencing. A young person will usually be ordered to participate in the generation of reports that assess personal circumstances and contextualize the offence. The type and length of a sentence will rely, in part, on the content of these reports.
If you are charged with a serious offence and sentenced as a youth, you may serve time in a young offenders center but will not spend time in adult jails or prisons until you reach the age of 18.
If a young person is over the age of 14, and convicted of a serious offence, the Crown Prosecutor’s office can apply to have the young person sentenced as an adult. In those particular cases, imprisonment is an available sentencing option.
Parents and Guardians have the right and are usually informed of your proceedings, including your arrest, sentencing, and up-coming court dates. In some cases, they also have access to reports that arise out of youth offences.
As a general rule of thumb, if you are convicted of an offence that has resulted in a youth criminal record, your record will be sealed either 3 or 5 years after you have completed serving your sentence. Your record is sealed only if you do not reoffend as an adult during this period of time.
Sexual Assault – Result: Charges Withdrawn & No Criminal Record
The client, who was under the age of 18, was charged with sexual assault. The allegations included that the youth client had fondled the complainant while at a house party. Tonii Roulston met with the Crown Prosecutor to resolve the file. The client entered into a Peace Bond and the charge was withdrawn. The client has no conviction and no criminal record.
The young person was charged with arson in relation to the Chief Chiniki restaurant that burned to the ground as a result of a deliberately set fire.
Result: After adjourning the first trial, Crown counsel directed a stay of proceedings with respect to the arson charge.
The client was a youth charged with 8 counts of breach of recognizance contrary to s 145(3) of the Criminal Code. Written argument was made prior to trial that the Police breached the accused’s Charter rights by unlawfully entering and searching his home, resulting in the alleged breaches.
Successful result: Charges were withdrawn at trial.
The client was a youth charged with assault with a weapon contrary to section 267(A) and 3 breaches of recognizance contrary to s 145(3) of the Criminal Code.
Successful result: Charges were withdrawn at trial.
The client was a youth charged with assault contrary to s 266 of the Criminal Code. It was alleged he hit a man during a road rage incident. Initially the Crown took the position that they would be seeking jail time. Defence successfully negotiated a resolution with the crown prosecutor that the client would complete counselling and the charges would be withdrawn.
Successful result: The charges were withdrawn. The client did not receive a criminal record.
