What is the Charter of Rights and Freedoms?
The Charter of Rights and Freedoms is legislation that sets out the rights and freedoms of every Canadian under the law, including legal rights. 

What rights do youth have when stopped by the police?
The police have the right to stop a youth if they have objective reasons (reasonable suspicion) to do so. Objective reasons are based on facts, not on a whim or desire. 

When police stop a youth: 

·       They usually ask the youth to give his or her name and address. 

·       If the youth is driving, they ask to see the driver’s licence and insurance. 

·       Asking for a name and address or a licence and insurance is not considered a "search." 

·       The police have the right to stop a youth and do a search if they have reason. 

·       The police must advise a youth that has been arrested of his/her rights and make sure that the youth understands his/her rights. 

·       The rights to remain silent, to know the reason for the arrest, and to retain counsel are important. 

·       Youth are generally allowed to have counsel and a parent or a responsible adult present when questioned by the police. 

·       Youth can waive their rights under the YCJA. 

·       Youth charged with an indictable offence can be fingerprinted and photographed. 

·       Youth are entitled to pre-trial release with the exception of public safety issues, failure to appear concerns or unless the youth commits a serious offence, or has a pattern of outstanding charges or findings of guilt. 

·       Youth are entitled to legal counsel at arrest, at trial and when an extra-judicial sanction is being used. 

·       Youth have the right to be dealt with in a timely manner. 

·       Youth have the right to a trial to determine guilt before an adult sentence is considered. 

·       Sentences should respond to the needs of Aboriginal youth and youth with special requirements. 

·       The province may set up a program to recover costs of legal counsel from the youth or his/her parents. 

 

 

A young offender who is 14 years or older:

-       Could be transferred to adult court

-       Could receive adult sentencing

 

A young offender who is 16 or 17 years of age:

-       Murder, attempted murder, manslaughter, and aggravated sexual assault would receive adult sentencing unless they could prove to the courts otherwise

 

Problem: This process was considered unfair. The punishment was determined before court, and while being transferred to adult court there was lost access to procedural protections.

 

 

-       Eliminated transfer hearing to adult court

-       Sentencing will only take place after the young offender was found guilty

-       Enhanced protection and notice requirements have been put in place to protect youth rights

 

 

There are 4 types of offences

1.     First and second degree murder

2.     Manslaughter

3.     Attempted to commit murder

4.     Aggravated sexual assault

 

If there is a pattern of sexual or violent crimes, or the offence would sentence an adult for more than 2 years in prison, the youth could receive adult sentencing if they are 14 years or older.

 

 

Adult sentences should only be used when the sentence would not be long enough to properly fit the crime. A youths maturity level and dependency should be taken into account.

 

 

The Crown must inform the youth in question that they would like to apply an adult sentence.

 

All trials of youth will still take place in youth court even if adult charges are being sought. If the offence warrants a punishment of five years or more and the crown is seeking an adult punishment, then the youth can chose the mod of trial. If the crown were attempting a youth sentence there would be no choice of mode. (Except for first and second-degree murder, where the penalty could be 10 and seven years respectively).

 

 

There are several different options a youth who has been charged has to go with.  A youth has the option of a court judge without a jury in a youth criminal court, the option of a court judge without a jury in the superior court with a follow up preliminary inquiry and an option to have a court date in the superior court with a jury including a preliminary inquiry. 

 

 

When the option of an adult sentence is brought up to the court the court must lay a few decisions out. The court will take into account past sentences, prior criminal history, and the sentencing report. The youth’s parents and the youth themselves will have an opportunity to speak their mind to the court and have an impact on the sentencing. If the youth is charged as an adult all parole rulings apply to them.

 

In this aspect our Criminal Code is very catering to those who are charged as an adult. If a youth is below the age of 18 they will still serve in youth facilities. If the time spent in prison is less than 2 years then it’s possible they’ll serve time in a provincial facility however anything above 2 years has the possibility of time served in a federal facility. 

Before they decide on a sentence for a youth, a judge has to consider the purpose and principles of a sentence in s. 38 of the YCJA and then the declaration of principle in s. 3 of that same Act. 

                During the sentencing process, a judge may request additional information about the youth offender, such as: 

-the presence or absence of a criminal record 

-their lifestyle 

-their attitude, history and circumstances 

-impact on their victim 

-gravity of the offence 

-circumstances concerning the commission of the offence 

                To get this additional information, the judge can use sources. 

Circumstances of the Offence- the judge can learn about these circumstances through a witness who testifies (if there is a trial), or the readings of the case by the Crown if there is a guilty plea. 

Pre-Sentence Report (s. 40 of YCJA)- written and prepared by a probation officer, in which states the offenders age, education, family support, employment, health problems, addictions, if there is a history of extrajudicial measures or sanctions, and if there has been previous convictions. This may include interviews with the youth, and with people close to them (family, friends, teachers, employers, etc), the results of an interview with the youth, recommendations from a conference, and a willingness of the youth to make amends or plans to change their actions. 

Medical, Psychiatric or Psychological Report (s. 34 of YCJA)- the judge can, at any point in the proceedings, require by order that the youth is to be assessed by a professional, like a medical doctor or a psychiatrist. The professional must report the results of the assessment in written form to the court. 

Conference (s. 41 of YCJA)- if and when a youth is found guilty, the court can convene, or cause to convene a conference in s. 19 to recommend an appropriate sentence. 

Victim Impact Statement (s. 42(1) of YCJA)- the judge can consider the victim impact statement, but it must be in written form and by the victim or someone that has suffered emotional/physical loss as a result of the offence. If the victim is deceased, ill or incapable of making that statement, then a relative of them can make the statement for them. 

 

Absolute Discharge: youth has been found guilty and he is not convicted. Also after 1 year it will be erased no from the youth’s record. 

Conditional Discharge: This means that if the youth follows the conditions that are required will be discharged and if they do not follow the rules they will be back for a tougher sentence. If the youth meet the conditions it will be removed from their record after three years. 

Judicial Reprimand: youth will be getting a lecture from the judge and will be getting arrested. Also this is enough for them to be held accountable for their actions. 

Fine: Youth will have to pay $1000.00 fine and the judge will consider giving you enough time to pay the fine, when you’re getting sentenced.

Restitution: If the youth has taken something and still has it in their possession they will be ordered to give it back to that person. 

Compensation: The youth will be ordered to pay the victim for any loss they suffered. Whether that’s damages, lost items, or medical bills.

Community service: The judge will predict what type of community service work is eligible for the youth to participate in based on their free time and abilities. 

Probation: This means the youth will be under the supervision of a parole officer and must obey the conditions that set for him or her. If the youth does not obey the terms set for him, the YCJA must review the conditions and change them if neccessary.  

Intensive Support an Supervision Program ("ISSP") : To ensure better youth behaviour, youth are subject to heavier support and closer monitoring compared to a probation order.

Intermittent Custody: If youth get sent to custody for no more than 90 days they don’t have to serve it all in a row. Example: youth can serve the sentence on weekends so they can go to school during the week.

Deferred Custody and Supervision Order: As opposed to being in custody, youth are allowed to serve their sentence in the community with conditions applied. Conditions such as House arrest and strict curfew. This option isn't allowed for youth who violate the conditions or for youth who are found guilty of a serious offence.

Custody and Supervision: When youth gets sentenced the youths time is custody will be supervised and support. There are two types of custody open custody and closed custody. Closed custody is also known is secure custody, means being held in youth jail. Open custody means being held in a different youth jail with less restrictions and conditions. 

 Intensive Rehabilitative Custody and Supervision ("IRCS"): This is a specific and rare sentence for offenders who are seriously violent. This sentence involves a mandatory treatment, followed by a period of conditional supervision and support in the community.  The judge can impose this sentence if:

What are consecutive and concurrent sentences?