Youth under the YCJA may only be tried in a youth court or family court

Youth cannot be tried using an adult court

Nor can youth be tried using same procedures as adults (without youth rights)

youth are tried using the same rules of evidence

youths can apply for legal aid

Purpose of youth court procedures is to ensure youth are processed quickly and can be returned home as soon as possible

Trials of youth are still open to public and media (principle of free and fair trials)

However, although trials of youths can be reported, their names cannot be published

Above rule applies not only to news media, but also blogs and personal websites

Exception to rule – youth charged with PRESUMPTIVE OFFENCES

Presumptive Offence = serious violent offence, such as murder, assault, sexual assault, etc.

In these cases, names of youths can be published IF CONVICTED

However, if judge believes doing so may affect rehabilitation, will order publication ban

If Crown does not pursue adult sentence for this, though, then convicted youth’s name NOT published

Under Juvenile Delinquents Act and Young Offenders Act, youth over 14 charged with serious offences could have been tried in adult court and given adult sentences

YCJA’s change here is that if youth is over 14 and charged with violent crime (with sentence of more than 2 years in jail), then can be treated and sentenced as adult

First-degree Murder = 10yrs max Second-degree Murder = 7yrs max Any offence with life sentence = 3 yrs

max All other offences = 2yrs max

If Crown wishes to pursue adult sentence, onus is on Crown to show that it is more appropriate for youth accused of crime