Bail Hearings

11(e) of the Charter provides that any person charged with an offence has the right not to be denied reasonable bail without just cause and that pre-trial detention is extraordinary in our system of criminal justice. The same constitutionally protected rights, which apply to adults, are applicable to young persons.

YCJA functions to limit pre-trial custody for young people, especially for those charged with a non-violent offence. Section 29(2) of the YCJA sets out the three preconditions, which the crown must satisfy on a balance of probabilities before a young person, is detained.

Unlike their adult counterparts, under the YCJA, the Crown always bears the onus of demonstrating the detention of a young person.

YCJA also affords special punishments including extra-judicial sanctions (EJS). A young person opting for this remedy will be required to acknowledge responsibility for the crime; however any admission, confession or statement accepting responsibility is inadmissible in evidence in any subsequent civil or criminal proceedings. Extrajudicial measures involve certain tasks, which seek to rectify the mischievous actions of the accused. This may include writing an essay, doing community service, attending a lecture, etc. Individuals who successfully complete the EJS program will not have a criminal record. Additional non-custodial sentence options include:

For more serious offences, various sentencing options are available including, a deferred custody and supervision order along with custody and supervision order. A deferred custody involves the young person serving their sentence in the community under strict conditions. The maximum duration of this sentence is six months and is not available for an offence that causes or attempts to cause bodily harm.

Alternatively, there are a number of different custody and supervision orders and depending on the nature of the charges, requires the young person to serve a portion of the sentence in custody and the remaining it to be served under a community supervision order.

Despite all the special remedies available to the young accused, it is not a good idea to take benefit of them just to save yourself from trial. No young person should be pressurized to admit their guilt under YCJA in fear of a longer punishment. In these cases, the parents or guardians should immediately contact a good Criminal Defense Lawyer who will guide them throughout the case so that no injustice is done to the child who has their whole life ahead of him.

If your son or daughter has been charged with a criminal offence, give us a call at 1844-978-8444 or click here to schedule a free one-hour consultation.