Young People and Criminal Law - Revision history

Elena Renderos at 01:16, 16 September 2020

2020-09-16T01:16:51Z

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	{{REVIEWEDPLS \| reviewer = Yulina Wang, Barrister & Solicitor, and James Henry and Lindsay Wold, Crown Counsel\|date= August 2017}} {{Dial-A-Law TOC\|expanded = crime}}		{{REVIEWEDPLS \| reviewer = Yulina Wang, Barrister & Solicitor, and James Henry and Lindsay Wold, Crown Counsel\|date= August 2017}} {{Dial-A-Law TOC\|expanded = crime}}
	Learn the rights a ~~'''~~young person~~'''~~ has in dealing with the ~~'''~~police~~'''~~ or if they’re ~~'''~~charged with a crime~~'''~~. Also, some key options for young people in getting legal help.		Learn the rights a young person has in dealing with the police or if they’re charged with a crime. Also, some key options for young people in getting legal help.

	==~~Understand your legal rights~~==		==What you should know==

	===The legal framework===		===The legal framework===
	There are two main laws that come into play when talking about young people and criminal law.		There are two main laws that come into play when talking about young people and criminal law.

	The most important is ~~the federal criminal law called the ''~~[~~http~~://canlii.ca/t/~~7vf2~~ Criminal Code]''. It covers common crimes like shoplifting, breaking and entering, car theft, and assault. It also covers the most serious crimes, like murder. (~~Another federal law covers~~ [~~http~~://canlii.ca/t/~~7vtc~~ illegal drugs].)		The most important is [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html the federal criminal law called 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. ([https://www.canlii.org/en/ca/laws/stat/sc-1996-c-19/latest/sc-1996-c-19.html Another federal law covers illegal drugs].)

	~~The second key law is the ''~~[~~http~~://canlii.ca/t/~~7vx2~~ Youth Criminal Justice Act]'', which controls how federal criminal laws (such as the ''Criminal Code'') apply to young people between ages 12 and 17.		[https://www.canlii.org/en/ca/laws/stat/sc-2002-c-1/latest/sc-2002-c-1.html The second key law is the ''Youth Criminal Justice Act''], which controls how federal criminal laws (such as the ''Criminal Code'') apply to young people between ages 12 and 17.

	There are also provincial laws that cover many other offences, such as drinking under age, trespassing, and breaking traffic laws.		There are also provincial laws that cover many other offences, such as drinking under age, trespassing, and breaking traffic laws.

	===If the police stop you and question you===		===If the police stop you and question you===
	~~The ''~~[~~http~~://canlii.ca/t/~~8q7l~~ Charter of Rights and Freedoms]'' guarantees basic rights to everyone in Canada — including young people.		[https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html The ''Charter of Rights and Freedoms'' guarantees basic rights to everyone in Canada] — including young people.

	====On arrest or detention====		====On arrest or detention====
	One important protection is the '''right to legal advice''' if police '''arrest or detain you'''. Being detained is when you are kept somewhere you don’t want to be. You have the right to call a lawyer as soon as possible if the police arrest or detain you. Below, we suggest options to find a lawyer.		One important protection is the '''right to legal advice''' if police '''arrest or detain you'''. Being detained is when you are kept somewhere you don’t want to be. You have the right to call a lawyer as soon as possible if the police arrest or detain you. Below, we suggest options to find a lawyer.

	Police can only detain you if there are '''reasonable grounds''' (good reasons) to suspect you are connected to a crime. You have the right to know why you are being detained.		Police can only detain you if there are '''reasonable''' '''grounds''' (good reasons) to suspect you are connected to a crime. You have the right to know why you are being detained.

	====The right to remain silent====		====The right to remain silent====
	You also have the '''right to remain silent'''. If the police question you, you don't have to say anything. Anything you do say can be used against you as evidence in court.		You also have the '''right to remain silent'''. If the police question you, you don't have to say anything. Anything you do say can be used against you as evidence in court.

	You don’t even have to tell police your name, but it may make the interaction end more quickly or go more smoothly if you give them your name and address. (The exception to this is if you’re driving. When you’re driving, you must identify yourself to the police.)		You don’t even have to tell police your name, but it may make the interaction end more quickly or go more smoothly if you give them your name and address. (The exception to this is if you’re driving. When you’re driving, you must identify yourself to the police.)
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	If the police arrest you, they must immediately tell you that:		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 do not have to say anything or answer any questions
	*you have the right to speak to a lawyer and a parent or other adult before you say anything		* anything you do say can be used against you as evidence in court
	*a 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		* you have the right to speak to a lawyer and a parent or other adult before you say anything
			* a 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

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	===If you are charged with an offence but not arrested===		===If you are charged with an offence but not arrested===
	The police can recommend you be charged with an offence and not arrest you. In that case, they give you an '''appearance notice''' that says when you must go to court. Or, the police can get the court to issue 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 court.		The police can recommend you be charged with an offence and not arrest you. In that case, they give you an '''appearance notice''' that says when you must go to court. Or, the police can get the court to issue 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 court.

	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.		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.

	For more, see our information on [[If You Receive an Appearance Notice or Summons ~~(Script 210)~~\|if you receive an appearance notice or summons ~~(no. 210)~~]].		For more, see our information on [[If You Receive an Appearance Notice or Summons\|if you receive an appearance notice or summons]].

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	==~~Get~~ help==		==Who can help==

	===Finding a lawyer===		===Finding a lawyer===
	If you're a young person charged with a federal offence, you have a right to legal representation. Contact '''Legal Services Society''' to see if you qualify for a free lawyer through legal aid.		If you're a young person charged with a federal offence, you have a right to legal representation. Contact '''Legal Services Society''' to see if you qualify for a free lawyer through legal aid.
	~~:Telephone:~~ 604-408-2172 in Greater Vancouver		* Call 604-408-2172 (Greater Vancouver) or 1-866-577-2525 (toll-free)
	~~:Toll-free:~~ 1-866-577-2525		* [https://lss.bc.ca/legal_aid/ Visit website]
	~~:Web:~~ [https://lss.bc.ca/legal_aid/ ~~legalaid.bc.ca~~]

	You can also find a lawyer through the '''Lawyer Referral Service'''.		You can also find a lawyer through the '''Lawyer Referral Service'''.
	~~:Toll~~-~~free:~~ 1-800-663-1919		* Call 604-687-3221 (Greater Vancouver) or 1-800-663-1919 (toll-free)
	~~:Web:~~ [http://www.~~cbabc~~.~~org/For-the-Public~~/~~Lawyer~~-~~Referral~~-~~Service cbabc.org~~]		* [http://www.accessprobono.ca/lawyer-referral-service Visit website]

	===If you are in police custody===		===If you are in police custody===
	If you are arrested and in police custody, you can call the '''Brydges Line''' to speak with a lawyer. This is a free 24-hour emergency number for legal advice.		If you are arrested and in police custody, you can call the '''Brydges Line''' to speak with a lawyer. This is a free 24-hour emergency number for legal advice.
	~~:Toll-free:~~ 1-866-458-5500		* Call 1-866-458-5500 (toll-free)

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Elena Renderos: Elena Renderos moved page Young People and Criminal Law (No. 225) to Young People and Criminal Law: Removing recording numbers from page names

2020-09-12T01:00:02Z

Elena Renderos moved page Young People and Criminal Law (No. 225) to Young People and Criminal Law: Removing recording numbers from page names

← Older revision		Revision as of 01:00, 12 September 2020
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Drew Jackson at 20:49, 25 March 2019

2019-03-25T20:49:14Z

← Older revision		Revision as of 20:49, 25 March 2019
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	{{REVIEWEDPLS \| reviewer = Yulina Wang, Barrister & Solicitor, and James Henry and Lindsay Wold, Crown Counsel\|date= August 2017}} {{Dial-A-Law TOC\|expanded = crime}}		{{REVIEWEDPLS \| reviewer = Yulina Wang, Barrister & Solicitor, and James Henry and Lindsay Wold, Crown Counsel\|date= August 2017}} {{Dial-A-Law TOC\|expanded = crime}}
	Learn the rights a young person has in dealing with the police or if they’re charged with a crime. Also, some key options for young people in getting legal help.		Learn the rights a '''young person''' has in dealing with the '''police''' or if they’re '''charged with a crime'''. Also, some key options for young people in getting legal help.

	==Understand your legal rights==		==Understand your legal rights==
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	:Toll-free: 1-866-458-5500		:Toll-free: 1-866-458-5500


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Elena Renderos at 04:53, 25 March 2019

2019-03-25T04:53:04Z

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	{{~~Dial-A-Law Blurb~~}}		{{REVIEWEDPLS \| reviewer = Yulina Wang, Barrister & Solicitor, and James Henry and Lindsay Wold, Crown Counsel\|date= August 2017}} {{Dial-A-Law TOC\|expanded = crime}}

	{{Dial-A-Law TOC\|expanded = ~~criminal~~}}
	Learn the rights a young person has in dealing with the police or if they’re charged with a crime. Also, some key options for young people in getting legal help.		Learn the rights a young person has in dealing with the police or if they’re charged with a crime. Also, some key options for young people in getting legal help.

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	:Toll-free: 1-866-458-5500		:Toll-free: 1-866-458-5500



	~~[updated August 2017]~~

	~~'''The above was last reviewed for legal accuracy by Yulina Wang, Barrister & Solicitor, and James Henry and Lindsay Wold, Crown Counsel.'''~~

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Drew Jackson: Drew Jackson moved page Young People and Criminal Law (Script 225) to Young People and Criminal Law (No. 225): align with new Dial-A-Law website

2019-03-22T16:05:44Z

Drew Jackson moved page Young People and Criminal Law (Script 225) to Young People and Criminal Law (No. 225): align with new Dial-A-Law website

← Older revision		Revision as of 16:05, 22 March 2019
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Dial-A-Law: /* Get help */

2019-01-29T22:49:31Z

Get help

← Older revision		Revision as of 22:49, 29 January 2019
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	:Telephone: 604-408-2172 in Greater Vancouver		:Telephone: 604-408-2172 in Greater Vancouver
	:Toll-free: 1-866-577-2525		:Toll-free: 1-866-577-2525
	:Web: legalaid.bc.ca		:Web: [https://lss.bc.ca/legal_aid/ legalaid.bc.ca]

	You can also find a lawyer through the '''Lawyer Referral Service'''.		You can also find a lawyer through the '''Lawyer Referral Service'''.
	:Toll-free: 1-800-663-1919		:Toll-free: 1-800-663-1919
	:Web: cbabc.org		:Web: [http://www.cbabc.org/For-the-Public/Lawyer-Referral-Service cbabc.org]

	===If you are in police custody===		===If you are in police custody===
	If you are arrested and in police custody, you can call the '''Brydges Line''' to speak with a lawyer. This is a free 24-hour emergency number for legal advice.		If you are arrested and in police custody, you can call the '''Brydges Line''' to speak with a lawyer. This is a free 24-hour emergency number for legal advice.
	:Toll-free: 1-866-458-5500		:Toll-free: 1-866-458-5500

Dial-A-Law at 22:45, 29 January 2019

2019-01-29T22:45:52Z

Show changes

Dial-A-Law at 22:18, 17 August 2017

2017-08-17T22:18:23Z

← Older revision		Revision as of 22:18, 17 August 2017
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	{{Dial-A-Law TOC\|expanded = criminal}}		{{Dial-A-Law TOC\|expanded = criminal}}
	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 ''[http://laws-lois.justice.gc.ca/eng/acts/Y-1.5/index.html Youth Criminal Justice Act]'' (the Act) is the law that controls how federal criminal law, such as the ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html Criminal Code]'', applies to young people accused of breaking a criminal law. 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 or to people over 17.

	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 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.		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.		Provincial laws, not the 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==		==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.		The ''[http://laws-lois.justice.gc.ca/eng/Const/page-15.html 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.		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 first.

	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.		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.
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	*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		*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 arrested, you should speak to a lawyer before deciding whether to give a statement to the police.

	==If you are charged with an ~~offense~~ but not arrested==		==If you are charged with an offence 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.		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.

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	==Legal help==		==Legal help==
	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 do not have a lawyer, you may be able to get one through [http://www.lss.bc.ca/legal_aid/ Legal Aid] (604.408.2172 and 1.866.577.2525). You can also find a lawyer through the [https://www.cbabc.org/For-the-Public/Lawyer-Referral-Service Lawyer Referral Service] (604.687.3221 and 1.800.663.1919).

	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.		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 [[Youth Justice Court Trials (Script 226)\|226]], called “Youth Justice Court Trials”.


	~~For more information, check script [[Youth Justice Court Trials (Script 226)\|226]], called “Youth Justice Court Trials”.~~

			[updated August 2017]

	~~[updated January 2015]~~		'''The above was last reviewed for accuracy by Yulina Wang and edited by John Blois.'''

	~~'''The above was last reviewed for accuracy by George Lee, Jeannette Wong and Anna Kurt.'''~~		----
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Dial-A-Law at 22:31, 17 June 2015

2015-06-17T22:31:11Z

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	[updated January 2015]		[updated January 2015]

	~~{{REVIEWED \| reviewer =~~ George Lee, Jeannette Wong and Anna Kurt}}		'''The above was last reviewed for accuracy by George Lee, Jeannette Wong and Anna Kurt.'''
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Dial-A-Law at 15:50, 1 June 2015

2015-06-01T15:50:32Z

← Older revision		Revision as of 15:50, 1 June 2015
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	[updated January 2015]		[updated January 2015]

	{{REVIEWED \| reviewer = Anna Kurt}}		{{REVIEWED \| reviewer = George Lee, Jeannette Wong and Anna Kurt}}
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