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Judicial Measures

• Pre-charge Screening
• Right to Counsel
• Notices to Parents
• Appearances
• Medical and Psychological Assessments
• Referral to Child Welfare Agency
• Adjudication
• Appeals

Introduction

Part 3 of the Youth Criminal Justice Act (YCJA) deals with the conduct of judicial proceedings against young persons. The decision to charge a youth with an offence exposes him or her to the regimen of the formal judicial process and its consequences, including the potential for deprivation of liberty. Procedural protections arise that are specific to youth and apply to them in addition to those already provided for adults.[1] Obligations on the part of various officials are set forth as is the role of parents in proceedings, which is given explicit expression. Part 3 sets out the rights, protections and obligations unique to young persons throughout the judicial process, beginning with the decision to charge the young person through to the point at which a finding of guilt is made or the charge is dismissed, withdrawn or stayed.

The following measures are included in this part of the YCJA: pre-charge screening, right to counsel, notices to parents, pre-trial detention, appearances, medical and psychological reports, referral to child welfare agencies, adjudication and appeals. Also relevant to this stage of the process, though appearing in provisions elsewhere in the legislation, are issues relating to the admissibility of evidence.[2]

[1]    In keeping with the general principles applying to this process as set out in section 3. Particularly relevant are the principles in subpara. 3(1)(b)(iii) and 3(1)(d)(i).

[2]    Discussions of detention before sentencing and evidence (including the admissibility of statements) are set out in separate modules.