Young People and Criminal Law (Script 225)
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The Youth Criminal Justice Act ("Act") is the law that controls how criminal law, which is federal, applies to young people accused of breaking a federal law. It is available at http://laws-lois.justice.gc.ca/eng/acts/Y-1.5/index.html. The Act deals only with young people who have had their 12th birthday but have not yet had their 18th birthday. The Act does not apply to children under 12. Nor does it apply to people over 17 – the Criminal Code of Canada applies to everyone over 17. It is available at http://laws-lois.justice.gc.ca/eng/acts/C-46/.
The Youth Criminal Justice Act explains how police, courts, and the correctional system must treat young people who are arrested, charged, or convicted of a crime under federal laws.
The most important federal criminal law is the Criminal Code. It covers common crimes like shoplifting, breaking and entering, car theft, and assault. It also covers the most serious crimes, like murder. Other federal laws deal with things like possessing and selling (or trafficking) illegal drugs.
Provincial laws, not the Youth Criminal Justice Act, cover many other crimes, such as drinking under age, trespassing, and breaking traffic laws.
Your rights if the police stop you and question you
The Canadian Charter of Rights and Freedoms guarantees basic rights to everyone – including teenagers. One important protection is the right to legal advice if police arrest or detain you. You have the right to call a lawyer as soon as possible, if the police arrest you. You can use the phone book to find the number of the Lawyer Referral Service, Legal Aid, or a lawyer.
You also have the right to remain silent. If the police question you, you don't have to say anything that they could use against you. Anything you do say can be used against you in court. If the police ask you to say anything, you have the right to speak to your parent or another adult.
Although you have the right to be silent, in some cases, the law requires you to answer some questions the police ask. For example, if the police stop you when you are driving a vehicle, you must give them your name and address and show them your driver's license, vehicle registration, and proof of insurance.
In other situations, if the police just want to know what's going on, they might ask for your name, address, and date of birth. You may want to give this information to avoid problems.
If the police charge you with an offence, you must give them your name and address, but that’s all.
If you are arrested
When police arrest you, they must tell you what offence they think you committed. They can’t take you into custody unless they arrest you. The police must give you a chance to call a lawyer as soon as reasonably possible after they arrest you.
If the police arrest you, they must immediately tell you that:
- you do not have to say anything or answer any questions
- anything you do say can be used against you as evidence in court
- you have the right to speak to a lawyer and a parent or other adult before you say anything
- the lawyer or an adult must be with you when you make a statement to police, unless you choose not to have that adult with you
If you are arrested, you should speak to a lawyer before deciding whether you want to give a statement to the police.
If you are charged with an offense but not arrested
The police can recommend that you be charged with an offence without arresting you. In that case, they give you an Appearance Notice that orders you to go to court to speak to a judge on a certain day. Or, the police can get a court order called a Summons, and have it delivered to you at home. Like an Appearance Notice, a Summons will tell you when and where you have to go to see a judge.
You may also have to go to the police station at a specific time to get fingerprinted and photographed. The police have the right to take pictures and fingerprints only for certain offences. Talk to a lawyer before you go to the police station for pictures and fingerprints, to see if you must go.
If you do not have a lawyer for a proceeding under the Youth Criminal Justice Act, you will be able to get a lawyer through Legal Aid. The telephone numbers for Lawyer Referral, Legal Aid, and individual lawyers are in the telephone book.
If you are in police custody, you can call a 24-hour emergency number for legal advice. In Vancouver and the lower mainland, call 1.866.458.5500. Elsewhere in BC, call 1.866.458.3300. Usually, a lawyer will answer your call right away. If you cannot get through at that number, call 1.250.882.9451 and leave a message. A lawyer will try to phone you back within 30 minutes.
All the laws mentioned in this script are available on the Canadian Department of Justice website at http://laws-lois.justice.gc.ca/eng.
For more information, check script 226, called “Youth Justice Court Trials”.
[updated January 2015]
The above was last reviewed for accuracy by George Lee, Jeannette Wong and Anna Kurt.
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