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Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
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Criminal Offences under the Youth Criminal Justice Act (2:III) (view source)
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Under the ''YCJA'', young persons and the Crown have the same rights of appeal as adults under the CC (ss 37(1) and (5)). However, a young person cannot appeal a sentence review decision, whether mandatory or optional (s 37(11)). | Under the ''YCJA'', young persons and the Crown have the same rights of appeal as adults under the CC (ss 37(1) and (5)). However, a young person cannot appeal a sentence review decision, whether mandatory or optional (s 37(11)). | ||
== | == K. Special Concerns == | ||
=== 1. Public Hearings === | === 1. Public Hearings === | ||
Youth justice court hearings are open to the public. A justice may, however, exclude any person from all or part of the proceedings if the justice consider that the person’s presence is unnecessary to the conduct of the proceedings and the justice is of the opinion that: | Youth justice court hearings are open to the public. A justice may, however, exclude any person from all or part of the proceedings if the justice consider that the person’s presence is unnecessary to the conduct of the proceedings and the justice is of the opinion that: | ||
*Any information presented to the justice would be seriously injurious or seriously prejudicial to the young person, a witness or a victim, or | *Any information presented to the justice would be seriously injurious or seriously prejudicial to the young person, a witness or a victim, or | ||
*It would be in the interest of public morals, the maintenance of order or the proper administration of justice to exclude any member of the public (s | *It would be in the interest of public morals, the maintenance of order or the proper administration of justice to exclude any member of the public (s 132). | ||
=== 2. Publication of a Young Person’s Identity === | === 2. Publication of a Young Person’s Identity === | ||
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*Where the publication of information is made in the course of the administration of justice and not for the purpose of making the information known in the community. | *Where the publication of information is made in the course of the administration of justice and not for the purpose of making the information known in the community. | ||
Once a young person attains the age of eighteen years he or she may apply to lift the ban on publication for the purpose of permitting that person to publish information that would identify him or her as having been dealt with by the ''YCJA''. The ban will only be lifted if the youth justice court is satisfied that the publication would not be contrary to the young person’ best interests or the public interest (s | Once a young person attains the age of eighteen years he or she may apply to lift the ban on publication for the purpose of permitting that person to publish information that would identify him or her as having been dealt with by the ''YCJA''. The ban will only be lifted if the youth justice court is satisfied that the publication would not be contrary to the young person’ best interests or the public interest (s 110(6)). | ||
=== 3. Fingerprints and Photographs === | === 3. Fingerprints and Photographs === | ||
The ''Identification of Criminals Act'', | The ''Identification of Criminals Act'', RSC 1995, c I-1, applies to young persons. Fingerprints and photographs of a young person can only be taken in circumstances in which an adult would be subject to the same procedures (''YCJA'', s 113). | ||
=== 4. Records: Access and Disclosure === | === 4. Records: Access and Disclosure === | ||
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Records that arise out of proceedings under the ''YCJA'' may be kept by: | Records that arise out of proceedings under the ''YCJA'' may be kept by: | ||
*A youth justice court, a review board or any court dealing with matters arising out of proceedings under the ''YCJA'' (s | *A youth justice court, a review board or any court dealing with matters arising out of proceedings under the ''YCJA'' (s 114), | ||
*An investigating police force may keep a record relating to any alleged offence or any offence committed by a young person (s | *An investigating police force may keep a record relating to any alleged offence or any offence committed by a young person (s 115(1)), | ||
*An investigating police force may keep a record of any extrajudicial measures that they use to deal with young persons (s | *An investigating police force may keep a record of any extrajudicial measures that they use to deal with young persons (s 115(1.1)), | ||
*A department or an agency of any government in Canada for the purpose of investigation, use in proceedings against the young person, sentencing, and considering the young person for extrajudicial measures (s | *A department or an agency of any government in Canada for the purpose of investigation, use in proceedings against the young person, sentencing, and considering the young person for extrajudicial measures (s 116(1)). | ||
Who has access to these records is set out in sections 117 to 124 ''YCJA''. Except as authorized by the ''YCJA'' no person is to be given access to a record, kept under sections 114 to 116, and no information contained in it may be given to any person, where to do so would identify the young person as a person dealt with under the Act (s | Who has access to these records is set out in sections 117 to 124 ''YCJA''. Except as authorized by the ''YCJA'' no person is to be given access to a record, kept under sections 114 to 116, and no information contained in it may be given to any person, where to do so would identify the young person as a person dealt with under the Act (s 118(1)). Sections 119(1-2) list the persons to whom access to records may be granted and the time limits within which access can be granted. These time limits vary in length depending on the treatment of the young person by the court. After the applicable access period has ended a person must apply to a youth justice court judge to gain access to the records and the application must meet the requirements set out in section 123(1). The group of persons to whom access will be granted with respect to extrajudicial sanctions has special limitations (s 119(4)). | ||
Not all records concerning young persons are governed by the same rules with respect to access. Under section 120 ''YCJA'' RCMP records may be accessed by: | Not all records concerning young persons are governed by the same rules with respect to access. Under section 120 ''YCJA'' RCMP records may be accessed by: | ||
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=== 5. Mental Health Provisions === | === 5. Mental Health Provisions === | ||
Young persons who come into contact with the criminal justice system may suffer from mental health issues. The ''CC'' provisions regarding mental disorders apply to the ''YCJA'' except to the extent they are inconsistent with the ''YJCA'' (s | Young persons who come into contact with the criminal justice system may suffer from mental health issues. The ''CC'' provisions regarding mental disorders apply to the ''YCJA'' except to the extent they are inconsistent with the ''YJCA'' (s 141). Section 34 of the ''YCJA'' allows the court to take into account the mental health of a young person and order a report in certain circumstances. | ||
Pursuant to | Pursuant to section 34, at any stage of the proceedings the court may order an assessment of a young person by a qualified person who is required to report the results of the assessment in writing: | ||
*i) with the consent of the young person and the crown, or | |||
*ii) on its own motion or on application of the young person or the crown if the court believes a report is necessary | |||
and if: | |||
*a) the court has reasonable grounds to believe that the young person is suffering from a physical or mental illness or disorder, a psychological disorder, an emotional disturbance, a learning disability or a mental disability, | *a) the court has reasonable grounds to believe that the young person is suffering from a physical or mental illness or disorder, a psychological disorder, an emotional disturbance, a learning disability or a mental disability, | ||
*b) the young person has a history indicating a pattern of offences, or | *b) the young person has a history indicating a pattern of offences, or | ||
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An assessment report can be ordered for a limited number of designated purposes, i.e. if the youth justice court is: | An assessment report can be ordered for a limited number of designated purposes, i.e. if the youth justice court is: | ||
*considering an application under s | *considering an application under s 33 (release from or detention in custody), | ||
*deciding whether to impose an adult or youth sentence, | *deciding whether to impose an adult or youth sentence, | ||
*making or reviewing a youth sentence, | *making or reviewing a youth sentence, | ||
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*setting conditions for conditional supervision, | *setting conditions for conditional supervision, | ||
*making an order after a review of a breach of conditional supervision, or | *making an order after a review of a breach of conditional supervision, or | ||
*authorizing disclosure of information about a young person (s | *authorizing disclosure of information about a young person (s 34(2)). | ||
Only the people described in s | Only the people described in s 119 of the ''YCJA'' can have access to the medical and psychological reports outlined in s 34. For more information on mental illness and the law, see [[Introduction to Mental Health and Capacity (14:I) | Chapter 14: Mental Health Law]]. | ||
=== 6. Victims === | === 6. Victims === | ||
Amendments have been made to the ''CC'' to enhance the role of the victim in the criminal trial process. The ''YCJA'' also aims to enhance the victim’s role. This is demonstrated by the references to victims’ rights in the general principles of | Amendments have been made to the ''CC'' to enhance the role of the victim in the criminal trial process. The ''YCJA'' also aims to enhance the victim’s role. This is demonstrated by the references to victims’ rights in the general principles of section 3 and the fact that consideration of the harm done to victims and reparations are relevant in youth sentencing (s 38(3)). | ||
B.C. is at the forefront when it comes to victim rights’ legislation, particularly in relation to the enactment of the ''Victims of Crime Act'', which helps to ensure victims’ views and concerns will not go unnoticed. In 2015, Parliament enacted the ''Canadian Victims’ Bill of Rights'', which guarantees victims’ rights throughout the criminal justice system across Canada. Refer to [[Introduction to Law for Victims of Crime (4:I) | Chapter 4: Victims]] for more information. | B.C. is at the forefront when it comes to victim rights’ legislation, particularly in relation to the enactment of the ''Victims of Crime Act'', which helps to ensure victims’ views and concerns will not go unnoticed. In 2015, Parliament enacted the ''Canadian Victims’ Bill of Rights'', which guarantees victims’ rights throughout the criminal justice system across Canada. Refer to [[Introduction to Law for Victims of Crime (4:I) | Chapter 4: Victims]] for more information. | ||
=== 7. Sex Offenders Information Registration Act === | === 7. Sex Offenders Information Registration Act === | ||
In April 2004, Parliament enacted the ''Sex Offenders Information Registration Act'', | In April 2004, Parliament enacted the ''Sex Offenders Information Registration Act'', SC 2004, c 10 [“''SOIRA''”], to help police investigate sexual crimes by providing them with up-to-date information from convicted sex offenders. The Act imposes an ongoing reporting process for sex offenders to provide information regarding residence, telephone numbers, employment, education, and physical description. | ||
Section 490.011(2) of the ''CC'' provides that the ''SOIRA'' applies to young persons only if they are given adult sentences. Section 7 of the ''SOIRA'' allows a sex offender who is under 18 years to choose an adult to be in attendance when they report to a registration centre where information is collected. | Section 490.011(2) of the ''CC'' provides that the ''SOIRA'' applies to young persons only if they are given adult sentences. Section 7 of the ''SOIRA'' allows a sex offender who is under 18 years to choose an adult to be in attendance when they report to a registration centre where information is collected. | ||