YOUTH
CRIMINAL
COURT
Canadian law recognizes that young people lack the maturity and
judgment normally expected of adults. The law provides that
while youth should be held accountable for their actions, the
focus should be on educating them as to their responsibilities
toward their fellow citizens, and impressing upon them the
importance of maintaining a civil society in which all people,
including youth, can go about their lives in peace and safety.
There is less emphasis on punishment and retribution than is the
case for adults who break the law, and more on identifying and
correcting the cause of the offending behavior.
The
Youth Criminal Justice Act is the special law that applies
to young people from the age of 12 to 18 who break any Federal
law, such as the
Criminal Code
of Canada, or the
Controlled
Drugs and Substances Act. The
Young Persons Offences Act is the
special law that applies to youth who break Provincial laws such
as the
Highway Traffic Act or
Liquor Control Act. The Provincial
Court of Newfoundland and Labrador is designated as the Youth
Court for the Province, and Provincial Court Judges are Youth
Court judges.
The Youth Criminal Justice Act contains special provisions that
apply when police, the courts and correctional officials are
dealing with a youth suspected of, charged with or convicted of
a criminal or other Federal offence. Those special provisions
include
- Special rights for youth, over and above those described in the
Canadian Charter of Rights and Freedoms, including a right to be
represented by a lawyer, free of charge, even before and during
a police interview; and, the right to be fully informed of their
rights, and how to exercise them at any stage of proceedings;
- Special provisions ensuring that statements made by youth to
people in authority can’t be used against them in court unless
they have first been properly advised of their rights and
understand that they do not have to say anything, and anything
they do say may be used against them in court;
- special provisions requiring parents to be promptly notified of
matters involving their children, and where there is no parent
involved with a child, provisions allowing another responsible
adult to become involved at the request of the youth;
- special provisions protecting the privacy of youth, and
prohibiting the publication of their names.
-
special provisions concerning the records kept by police, courts
and corrections concerning a youth, aimed at minimizing the
number of people who have access to these records, and the
length of time the records are kept;
- special procedures to protect the rights of youth at every stage
of proceedings, including after they have been sentenced;
- special sentencing provisions and options for youth, aimed at
ensuring that every attempt is made to rehabilitate youth
without placing them in custody, except for the most serious
offences, or where a youth has demonstrated an unwillingness to
abide by community dispositions. These provisions also limit the
length of sentences for youth;
- procedural provisions concerning the sentencing process that
allow the involvement of the victim of the offence, and
teachers, social workers and health care professionals who work
with the youth and his or her family;
- special provisions that ensure that youthful offenders who are
in custody are kept separate from adult offenders.
In St. John’s there is a court room dedicated to youth matters,
and a Judge, Crown Prosecutor and defense lawyer or
Legal Aid
duty counsel always present when the court is sitting. In
smaller centres, youth matters are not scheduled at the same
time as adult matters. The court is open to the public, but the
identity of youth dealt with by the court cannot be published or
broadcast. |