YICWL

• How to reserve the most serious interventions for the most serious offences while protecting the public
• Media and public sometimes quick to judge guilty– especially if they are detained
• A lot of people are held on remand in canada ans the public assumes them guilty because of it
• A lot of young people are held on remand because the fear of them being a flight risk, for their own protections, if they pose a threat to others or themselves
• Lessening of release orders
• Youth Criminal Justice Act

  Provides specific procedural processes
• Youth justice courts aee established in each province
• All those participating in youth court must conduct proceedings langauges appropriate for the age and maturity level
• This means they need to have access to people who can guide them through the process
• Even more important that their rights are upheld because they often dont know what they are or understand it
• Less youth court cases with the YCJA
• Property offences down
• Violent offences down
• Administration of justice down
• Most are male youth, but increase in female youth overtime
• Largely for administrative or violent offences
• Repeat offenders make up ⅓ of the cases heard before court
• Right to Counsel


  The YOA and the Charter of Rights and Freedoms introduced the fundamental right to counsel
• The YCJA outlines various stages at which youth must be reminded of their right to counsel
• Research demonstrates that many youths do not fully understand the role of the defence lawyer
• Lawyers


  Debates exist over the role of lawyers – should they advocate or guide?
• Research shows that lawyers do have an effect on the outcome of the trial
• Outcomes for private counsel vs duty counsel
• Advocate


  Lawyers are needed to act as advocates in court proceedings, act in the best interest of their client, and guide them on their best courses of action
• Guardian


  Some take on a parent role but this is not recommended to law society due to the legal ramifications of emotional investment
• Many youth do not understand their rights
• Police may not always follow the YCJA rules
• Disclosure of identity with new technology– right to privacy becomes difficult
• Role of the Judge in Youth Court: First Appearance

  1. The judge will read the information or indictment and inform the youth of his or her rights if there is no legal counsel present

  2. For offences where an adult sentence is possible, it must be clear that the youth understands his or her rights where the adult process is involved
• Interim release


  Bail often under certain conditions
• Pretrial detention


  Bail denied for two reasons: Primary grounds - if the court is convinced that custody is necessary for the offender to appear, Secondary grounds - for public protection
• Youth may also be released to a "reasonable person" (usually a relative) that would need to apply for their release and vouch for them
• Net Widening: Another way to criminalize youth who are only accused of the crime
• Those who make bail may be taken into custody for failing to adhere to conditions of release
• Homeless and Indigenous youth are more likely to be in pretrial custody, due to social factors rather than rule-breaking
• Most detained youth are the older ones 16-18
• More girls are held when younger than compared to boys
• Average length of remand is 6-9 days which is down from the early 2000s where it was about 21 days
• Decision to Detain for a Show-Case Hearing

  1. It is the up to the crown to prove guilt beyond reasonable doubt and move forward with a criminal

  2. Show-cause hearing is used to discuss weather or not someone should be detained before trial
• Factors that go include:

  • Previous convictions
  • Risk of flight