Ines Gavran
Toronto YCJA Youth Criminal Defence Lawyer
If a young person is formally charged with a criminal offence, it is essential that he/she is represented by a criminal defence lawyer
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Young Offenders and Youth Criminal Justice System
Because of their young age and lack of maturity, youth make wrong choices and these choices may lead to criminal charges. Canada’s Youth Justice system is governed by the Youth Criminal Justice Act (“YCJA”) which applies to young persons were at least 12 years of age but under 18 when the alleged criminal offence is committed. Under the YCJA, police can consider the use of extrajudicial measures before deciding to charge a child with an offence. These measures include taking no further action, warnings, police cautions, crown cautions, Referrals to community programs and agencies, and extrajudicial sanctions. However, if a young person is formally charged with a criminal offence, it is essential that he/she is represented by a criminal defence lawyer who is experienced in the area of YCJA. Youth Criminal Justice Act addresses concerns of overuse of courts and incarceration of youth in less serious cases, disparity and unfairness in sentencing, including a lack of effective integration of youth released from custody. It recognizes that youth justice system must be separate from the adult system and must be based on the principle of diminished moral blameworthiness or culpability. Emphasis is placed on rehabilitation and reintegration rather than incarceration.
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Criminal Code
Sentencing of a Youth as an Adult
The Court has a greater range of sentences available to young people. The Court seeks to impose sentences that are proportionate to the seriousness of the offence and degree of responsibility of the young person, that are most likely to rehabilitate and reintegrate the young person and promote his/her sense of responsibility and acknowledgement of harm done by the offence. Upon finding of guilt, the Court can impose an “extrajudicial sanction” — meaning the youth offender can be asked to write an apology letter or do community service. If a young person has a criminal record, it will remain sealed unless the person is further charged once he/she becomes an adult.
Punishment under the Youth Criminal Justice Act
Although youth under the Youth Criminal Justice Act are presumed to have diminished moral blameworthiness or culpability, the Crown can apply to have the youth sentenced as an adult. Offences that warrant an adult sentence are indictable offences committed by the youth who was at least 14 years old, for which an adult would be liable to imprisonment for more than two years. Offences referred to as “serious violent offences,” also may attract an adult sentence. Serious violent offences are one of the following criminal offences under the Criminal Code include first degree or second-degree murder, attempt to commit murder, manslaughter, aggravated sexual assault and robbery with a firearm. If a youth is at least 14 years old and is charged with a serious violent offence, the Crown must consider applying to the Youth Couth for an order for the youth to be sentenced as an adult sand bears the onus of showing that the adult sentence should be imposed. First, the Youth Court must decide whether the young person is guilty of the offence, and then will consider whether to impose an adult sentence.
At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results.
If you or someone you know is charged with an offence under the Youth Criminal Justice Act, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.
Call Toronto-based Criminal Defence Lawyer Ines Gavran today!
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