Youth Offences

WE ARE COMPASSIONATE, UNDERSTANDING, &
DEDICATED YOUTH LAWYERS FOR YOUNG OFFENDERS

• WE HELP YOUNG OFFENDERS AND THEIR FAMILY NAVIGATE THROUGH THE YOUTH COURT SYSTEM TOWARDS A GREAT OUTCOME.
• WE MAKE THE PROCESS LESS STRESSFUL AND OPTIMISTIC FOR THE ENTIRE FAMILY
• LET YOU GET YOUR LIFE BACK AS WE DEAL WITH THE COURTS AND STRESS FOR YOU
• WE GUIDE YOUNG PERSONS TO THE RESOURCES FOR COUNSELLING AND TREATMENT THEY’LL NEED TO GET ON THE RIGHT PATH AND GET BACK ON TRACK
• WE SEEK OUTCOMES WHERE THE YOUTH COMES OUT OF THE EXPERIENCE HAVING LEARNED A VALUABLE LIFE LESSON THAT THEY WON’T FORGET
• WE SEEK TO HELP THE YOUTH TO DEVELOP A TOOLKIT OF LIFE SKILLS TO BE A MORE RESILIENT HUMAN BEING
• TO AVOID REPEAT OFFENCES AND GRADUATING INTO THE ADULT CRIMINAL SYSTEM

IS YOUR CHILD IN TROUBLE WITH THE LAW?

We have experience in youth cases. Youth cases are governed by the Youth Criminal Justice Act (YCJA) and this legislation applies a different set of rules to essentially all the offences created in the Criminal Code that apply to Adult offenders. For example: the YCJA

• Incorporates all the Criminal Code offences with necessary modification for sentencing

• Makes special rules for youth for these offences. YCJA provides lower sentences than in the Criminal Code
• Puts emphasis on rehabilitation, monitoring and reintegration into the community
• Provides special treatment to Youth throughout the Court process
• Sets out special punishments such as Reprimand and Extrajudicial Measures

Trials take place before Youth Court Judges in Youth Courts. Special rules apply for police investigations, arrest, bail hearings, and for cases from beginning to end. The sentencing aims are different than for adults and focus more on rehabilitation and less on jail except for the most extreme crimes.

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GIVING STATEMENTS TO POLICE:

When dealing with Youth the police have constraints as the Youth Criminal Justice Act provides the youth the right to have a parent or guardian or a lawyer present before speaking to the police and the parent/guardian or lawyer must be with the youth when any statement is given, however the youth can waive the parent’s presence with them during the giving of this statement. If statements are made not in accordance with these principles they cannot be used as evidence against the person.

As your lawyer we would never recommend any statement be given until we have gathered all the facts and have the full background and then, only then, in the company of the parents and lawyer.

THE ROLE OF THE LAWYER

The Lawyer’s Role is the same as that in an Adult Criminal Proceeding, only more complex as Young Offenders are less sophisticated and aware of their rights than adults. They often let their guard down and make admissions and spontaneous statements to the Police. They often feel pressure by Police to talk and may be questioned before being given the right to speak to a lawyer or have their parent or guardian present. It is far too common that Police embark upon questioning young offenders without their Parents or without cautioning the Youth as required by law, of their right to remain silent, and their right to call counsel without delay. There are other more complex issues dealing with youth that do not present with adult offenders and having an experienced lawyer can make all the difference especially to:

• Advocate to have no further action taken, an informal warning or a caution issued as opposed to the laying of a charge
• Provide the necessary and relevant background to the Crown and advocate for the best resolution position possible
• Secure the Release of the Youth from Custody through a bail hearing if required by developing a winning Bail Plan or fighting a contested Bail in a vigorous and thorough manner
• In more serious cases make the necessary referrals to Court recognized expert Psychiatrists, Psychologists and Psychotherapists, for Mental Health Services, Addiction and Substance Abuse treatment, and any other necessary referrals
• Defend with Skill and Determination to Win in any contested hearing
• Raise all available defences and comb through the evidence in detail covering every angle to ensure that the Crown is required to establish all essential elements beyond a reasonable doubt.
• Remain Human, compassionate and reliable throughout the case beginning to end.

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THE ROLE OF PARENTS & GUARDIANS

The Youth Criminal Justice Act requires that:

• Parents or guardians will be notified if an “extrajudicial sanction” is used to hold the young person accountable;
• During police questioning, a youth has the right to be accompanied by his or her parents or guardians, in addition to the right to a lawyer;
• When a youth is arrested, detained or required to appear in court, their parents or guardians will be notified asap;
• The youth court can order that a parent or guardian attend a hearing along with the youth; and
•  A parent or guardian can put themselves forward as a “responsible person” during a young person’s bail hearing. Before a youth court decides to detain a young person in custody while waiting for trial, the court must determine whether there is a “responsible person” available to care for and supervise the young person instead of placing the young person in detention.

How Parents and Guardians Can Help:

• Support and encourage the young person at all times;
• Help the young person get advice from an experienced criminal lawyer as soon as possible;
• Learn more about how the youth justice system works, including what rights parents, guardians and the young person have under the YCJA;
• Try to stay informed about what is happening with the case;
• Understand the decisions that the young person will have to make and explain them to him or her;
• Help the young person understand and fulfill his or her obligations at different stages of the justice process; and
• Ask questions, and encourage the young person to also ask questions.

What Parents and Guardians Should Avoid:

• If your son or daughter is going down the wrong path, give us a call. We have idea for pre charge advocacy.
• Do not try to fix the problem yourself;
• Do not make statements to the police without consulting a lawyer;
• Do not force the young person to make statements to the police; and
• Do not encourage the young person to waive his or her right to consult with a lawyer.

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Get Professional Legal Advice

Anyone who is detained, including a young person, has the right to consult a lawyer. The YCJA confirms this right: a youth can consult a lawyer at any stage of the justice process. If a young person is unable to secure a lawyer, the court will assist either by referring them to a legal aid program or directing that a lawyer be appointed to represent them.

If a young person is in trouble with the law, it is best for parents and guardians to seek the advice of a lawyer as soon as possible. This is important even if the crime does not seem serious or if the parents and guardians do not think that the youth is guilty. Parents, guardians and the young person should learn about the potential consequences of the allegations, as well as the implications of any decisions that must be made in response to the allegations.

A legal professional can provide the guidance necessary for the youth to make informed decisions that are in his or her best interests.

It is important to remember that a youth’s lawyer works for the young person, not for his or her parents or guardians – even if they are paying for the lawyer’s services. The young person is the lawyer’s client, which means that the lawyer is prevented from sharing information with parents, guardians or anyone other than the young person to whom the lawyer owes a duty of confidentiality. This duty of confidentiality can only be waived if the youth grants permission. As a result, the young person and his or her lawyer may make decisions about how to handle the case that parents or guardians may not agree with.

WE UNDERSTAND YOUNG OFFENDERS

As adults, we have all had challenges in our life and dealt with and survived them. We can deal with stressful events such as a court matter more easily than a young person. For a young person, they have much less life experience and a Criminal Charge is a VERY BIG DEAL in their young life. We show the greatest respect to this fact and treat the young person AS A YOUNG PERSON, and not as an adult. No matter what their age 12 or 17.

They are still young and deserve to be treated that way.

If your son or daughter has been charged with a youth offence we are here to help. You will be in capable hands knowing that we handle all kinds of serious allegations against Youth ranging from School Discipline, Robbery, to Murder. We are helping families with youth challenged by serious mental illness that have found themselves not guilty by reason of insanity (NGRI).

We have helped families navigate all aspects of youths in the Youth Courts including:

• Contested youth bails hearings
• Youth detention reviews,
• Appeal of youth conviction and sentence
• Resolutions
• Mental Health Act proceedings

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ABOUT YOUTH RECORDS

Records are kept of all proceedings in Court, whether Youth or Adult. Criminal proceedings in Adult Court can resolve in various ways, some that create a “Criminal Record” and others that do not, but may result in a finding of “guilt” with some conditions, and others where the matter is withdrawn after some Court Diversion Program is completed. Pardons can be applied for in the case of Adult Criminal Record matters. However,when we say “Records” in the Youth context, we mean those that are “open to the public”. Depending on how the matter is resolved or the seriousness of the charge, any youth charged or convicted with an offence will incur a youth record as follows:

• If the charges are withdrawn or youth only given a “reprimand” by the Court then record is open to the public for only about 2 months after date of withdrawal or reprimand
• If found not guilty at trial record will exist for 3 months if not appealed, or 3 months after any appeals concluded
• If found guilty and received an “absolute discharge” it will exist for 1 year from sentence date
• If found guilty and received a “conditional discharge” the record will exist for 3 years from sentence date
• If guilty of summary conviction offence and received a sentence other than absolute or conditional discharge the record will exist for 3 years commencing when any sentence including probation is completed
• If guilty of an indictable offence record will exist for 5 years after their sentence and probation term is completed. NOTE: In serious violent/sexual crimes where weapon used or victim injured, the record can will be open to the police and the Crown for 10 years or more
• If youth received an “extra-judicial sanctions” (EJS) as a way to avoid having their matter proceed to trial. Participating in EJS programs such as volunteer work or counselling means that upon successfully completing the EJS program, the youth’s charge(s) will be withdrawn.
• A youth who received EJS will have a police record showing that they participated in EJS for two years from the time the youth agreed to enter the EJS program.

UNDERSTANDING THE YOUTH CRIMINAL JUSTICE ACT (YCJA)

The Youth Criminal Justice Act is the law that governs Canada’s youth justice system and applies to youth who are at least 12 but under 18 years old, who are alleged to have committed criminal offences. This Act was proclaimed into force since April 1, 2003 and was designed to make significant changes to the Youth Criminal System by reducing the overuse of the courts and incarceration in less serious cases, reducing disparity and unfairness in sentencing, and improving upon the effective reintegration of young people released from custody into the community. It also aimed to better take into account the interests of victims.

YCJA: Preamble and Declaration of Principle

The YCJA contains both a Preamble and a Declaration of Principle that applies throughout the Act. The Preamble contains significant statements from Parliament about the values upon which the legislation is based. These statements can be used to help interpret the legislation and include the following:

• Society has a responsibility to address the developmental challenges and needs of young persons.
• Communities and families should work in partnership with others to prevent youth crime by addressing its underlying causes, responding to the needs of young persons and providing guidance and support.
• Accurate information about youth crime, the youth justice system and effective measures should be publicly available.
• Young persons have special guarantees of their rights and freedoms, including those set out in the United Nations Convention on the Rights of the Child.
• The youth justice system should take into account the interests of victims and ensure accountability through meaningful consequences, rehabilitation and reintegration.
• The youth justice system should reserve its most serious interventions for the most serious crimes and reduce the over-reliance on incarceration.

The Declaration of Principle sets out the policy framework of the legislation. Unlike previous youth justice legislation, the YCJA provides guidance on the priority that is to be given to key principles.

The Declaration of Principle provides that:

• The youth justice system is intended to protect the public by (i) holding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person, (ii) promoting the rehabilitation and reintegration of young persons, and (iii) supporting crime prevention by referring young persons to programs or agencies in the community to address the circumstances underlying their offending behaviour.
• The youth justice system must be separate from the adult system and must be based on the principle of diminished moral blameworthiness or culpability.
• The youth justice system must reflect the fact that young people lack the maturity of adults. The youth system is different from the adult system in many respects: measures of accountability are consistent with young persons’ reduced level of maturity, procedural protections are enhanced, rehabilitation and reintegration are given special emphasis, and the importance of timely intervention is recognized.
• Young persons are to be held accountable through interventions that are fair and in proportion to the seriousness of the offence.
• Within the limits of fair and proportionate accountability, interventions should reinforce respect for societal values; encourage the repair of harm done; be meaningful to the young person; respect gender, ethnic, cultural and linguistic differences; and respond to the needs of Aboriginal young persons and young persons with special requirements.
• Youth justice proceedings require a recognition that young persons have rights and freedoms in their own right and special guarantees of these rights and freedoms; courtesy, compassion and respect for victims; the opportunity for victims to be informed and to participate; and that parents be informed and encouraged to participate in addressing the young person’s offending behaviour.

In addition to the Preamble and the Declaration of Principle, the YCJA includes other more specific principles to guide decision-making at key points in the youth justice process: Extrajudicial Measures, Youth Sentencing, and Custody and Supervision. These additional principles are discussed below.

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Extrajudicial Measures

Experience in Canada and other countries shows that measures outside the court process can provide effective responses to less serious youth crime. One of the key objectives of the YCJA is to increase the use of effective and timely non-court responses to less serious offences by youth. These extrajudicial measures provide meaningful consequences, such as requiring the young person to repair the harm done to the victim. They also allow early intervention with young people and provide the opportunity for the broader community to play an important role in developing community-based responses to youth crime. Increasing the use of non-court responses also enables the courts to focus on the more serious cases of youth crime.

YCJA Provisions

The YCJA contains provisions to increase the appropriate use of extrajudicial measures for less serious offences, including the following principles:

• Extrajudicial measures should be used in all cases where they would be adequate to hold the young person accountable.
• Extrajudicial measures are presumed to be adequate to hold first-time, non-violent offenders accountable.
• Extrajudicial measures may be used if the young person has previously been dealt with by extrajudicial measures or has been found guilty of an offence. As amended in 2012, the YCJA requires police to keep records of any extrajudicial measures used with a young person. These records will better inform police so that they can take appropriate action in respect of subsequent alleged offences.

The YCJA also sets out clear objectives to guide the use of extrajudicial measures, including repairing the harm caused to the victim and the community; providing an opportunity for victims to participate in decisions; ensuring that the measures are proportionate to the seriousness of the offence; and encouraging the involvement of families, victims and other members of the community.

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The YCJA requires police officers to consider the use of extrajudicial measures before deciding to charge a young person.Police and prosecutors are specifically authorized to use various types of extrajudicial measures:

• Taking no further action.
• Warnings, which are informal warnings by police officers.
• Police cautions, which are more formal warnings by the police. The YCJA authorizes provinces to establish police cautioning programs. Police cautions may be in the form of a letter from the police to the young person and the parents, or they may involve a process in which the young person and the parents are requested to appear at a police station to talk to a senior police officer.
• Crown cautions, which are similar to police cautions but prosecutors give the caution after the police refer the case to them. In one province where they are currently being used, Crown cautions are in the form of a letter to the young person and the parents.
• Referrals, which are referrals by police officers of young persons to community programs or agencies that may help them not to commit offences. The referral may be to a wide range of community resources, including recreation programs and counselling agencies.
• Extrajudicial sanctions, which are the most formal type of extrajudicial measure, may be pre-charge or post-charge. Unlike the other types of extrajudicial measures, they may be used only if the young person admits responsibility for the offending behaviour and consents to be subject to the sanction. The admission of responsibility is not a plea of guilty to the alleged offence. Prior to consenting, the young person must be informed of what the sanction would be and given the opportunity to consult with a lawyer. The Attorney General of the province must determine that there is sufficient evidence to proceed with a prosecution of the offence. In addition, the sanctions must be part of an extrajudicial sanctions program designated by the Attorney General.If the young person fails to comply with the terms and conditions of the sanction, the case may proceed through the court process. An extrajudicial sanction can be used only if the young person cannot be adequately dealt with by a warning, caution or referral.

AVOIDING A YOUTH CHARGE

Due to the fact that in Ontario the decision as to whether to charge rests on the Police, it is very important that the Youth and Parents contact a lawyer immediately so that we can intervene to discuss the diversion of the case pre-charge. This is especially important in the relatively “less serious cases.” There is never any guarantee that a Police officer will agree but this important step must be exhausted by any competent legal counsel who is advised in time.
The Police can be asked to do one of 3 things:

NOTE: RE. EXERCISE OF RIGHT TO REMAIN SILENT

Youth or Adults being investigated have no duty to speak to the police. They should remain silent and contact a lawyer right away. If they are detained they should request to speak to a lawyer right away.

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PUNISHMENT OPTIONS

1. EXTRAJUDICIAL MEASURES – designed to encourage young persons to acknowledge and repair the harm caused to the victim and the community. They do not result in a finding of guilt. They are similar to Alternative Measures available for Adults. Examples could include the Youth writing an apology letter and/or an essay of a certain length focusing on the harm and potential harm caused or attending counselling or volunteering.
   Crown Prosecutors have a lot of discretion to divert matters into ExtraJudicial Measures given that the main goal in dealing with young offenders is not punishment but rehabilitation. Whether it is a clear case, or a borderline case for Extrajudicial Measures, it is always important to have effective advocacy by your legal counsel bring all the relevant information to the Crown Attorney’s Attention if this is the goal.
2. REPRIMAND – Essentially a stern lecture from a judge. It occurs after a finding of guilt, but does not result in a permanent criminal record.

LESS SERIOUS CRIMES

The majority of cases in Youth Court are not extremely serious and will not result in a criminal record if handled properly by an experienced youth lawyer.

SERIOUS CRIMES AND YOUTH

In some cases, the Prosecutor will seek to have the youth tried as an adult in adult court, and subject to adult penalties. We have experience in this and will be able to deal with these situations professionally and competently should they arise.

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OUR HOLISTIC APPROACH

We understand that the Young Offender may be experiencing a variety of issues which can lead to problems with dealing with stress and general life events.

As part of our job, we ask the question “why” are the Youth involved in situations where they are being charged with Criminal Offences.

We seek out professional help for the Youth with the family’s involvement to determine the underlying reasons for their difficulty in regulating their behaviour and emotions.

Youth self-regulation, acting with anger, strong emotions, or even violence, lack of emotional regulation, and inability to cope with stress can lead to participation in Criminal Offences.

Some other underlying causes of Youth coming into contact with the Courts are:

• Adult and Youth Gangs, and unfit companions
• Alcohol and Drug Abuse and Addiction
• Mental Health Challenges
• School Problems, learning difficulties, ADHD/ADD
• Chronic stress
• Lack of assertiveness
• Lack of self-esteem
• Failure to take prescribed medications/ or medication abuse
• Issues at school or online (bullying, cyberbullying, or isolation,learning issues)
• Past trauma (some the family may be unaware of)
• Abuse (physical, emotional, sexual)
• Neglect (physical, emotional)
• Household dysfunction (Divorce/Separation or ongoing stress between parents or siblings, mental illness in the home, domestic abuse in the home, incarcerated relative, alcohol or substance abuse or serious ongoing illness in the home)
• Poverty
• Racial, Religious, or Gender Discrimination
• Dealing with physical challenges (obesity, brain injuries, medical disorders)

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YOUTH AND GANG OR “BAD CROWD”INVOLVEMENT

Youths come into contact with the Court system when they become involved with Criminal Gangs and other Youth that form a “Bad Crowd” going down the wrong path. It is not because they are bad. In many cases they are being influenced by “group think” and pressure from those in groups around them. Despite growing up in families with good values, teenagers are heavily influenced by their peers as they seek acceptance by the youth around them.

In addition to dealing with the Criminal Charges, we are able to help families to get your son or daughter into programs and counselling that can get them out of the gang lifestyle or to be more assertive and confident and make more healthy friendship choices

YOUTH ALCOHOL AND DRUG USE

One of the common problems that lead Youth into Crime is the underage use of alcohol as well as the use of illicit drugs. It is normal for many youth to experiment with alcohol and drugs. But it is easy to get addicted. Alcohol and Drugs are powerful. Getting out of the drug culture is difficult and we have the resources to connect your son or daughter to the right places for help.

YOUTH MENTAL HEALTH ISSUES

Many Youth offenders have undiagnosed mental health issues. Many are suffering anxiety, depression, mood disorders, and schizophrenia. We will get your son or daughter the referral to respected and highly regarded Psychiatrists and Clinical Psychiatrists and Psychotherapists to provide the diagnosis, assessment, and treatment whether it be through medication or talk therapy or both that they need to overcome their challenges and move past this temporary problem in their life.

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