The lawyer at the service of youth law

The law has always shown leniency towards minors. It has thus reserved a specific branch in human law dedicated to persons under 18 years of age and called the law of youth. It grants privileges reserved for children and adolescents. However, the rights of this category of the population seem to be set aside, so that a minor represented by a lawyer becomes a source of controversy. As human beings, they can benefit from legal assistance. Find out when the presence of a youth lawyer is justified.

All about youth law

As the name suggests, youth law in Canada is for young people, but what is it all about?

What is youth law?

Youth law stems from the Charter of Human Rights and Freedoms and the International Convention on the Rights of the Child. The Charter of Human Rights and Fre edoms places children on an equal footing with adults. It is intended to protect the interests of this segment of the population. It promotes the right to life, freedom of expression and integrity. It fights against discrimination, harassment and bullying. It reminds parents of their obligation to provide security and care for their offspring. It also emphasizes the importance of their input into the lives of their children.

The International Convention on the Rights of the Child reinforces the charter. It states that every child is free to:

• Live with their parents
• To feed themselves;
• Clothe themselves;
• Express themselves;
• To choose his or her associates as long as they do not interfere with the freedom of others;
• Living in a safe place;
• Obtain care when needed;
• To choose one’s religion, language and culture.

These freedoms converge into the right of youth.

What are the rights of youth?

The Youth Protection Act (YPA) promotes the rights of youth that come into effect when a child is placed in care. As a reminder, placement is a protective measure for a minor who is unable to meet his or her own needs because of age or health (physical or mental).

These are the right to an attorney, the right to communicate, the right to be informed and to be heard, and the right to be accompanied. Young people have the right to consult, be advised and be represented by a lawyer for minors before the court.

The right to communicate with others is allowed, but is limited. A youth in placement may interact with family members (parents, siblings, friends, grandparents, etc.), absent a court order. However, he or she may challenge this decision through his or her lawyer.

By virtue of his right to be informed and to be heard, the young person must know the evolution of his case and understand the legal jargon related to the placement measures.

He or she has the right to be accompanied not only by a lawyer, but also by another person of his or her choice throughout the proceedings.

What is the age of responsibility in Canada?

According to Canadian law, a child is criminally responsible at the age of 12. He or she then becomes liable to prosecution. This applies under the Youth Criminal Justice Act.

According to the Criminal Code, youth between the ages of 12 and 17 can be charged with criminal offences. This includes youth 18 years of age and older who have committed an offence while a minor.

Juvenile offenders who have violated Canadian laws face significant legal consequences. Because of their situation, they seek the assistance of a lawyer. The expert will guide them through the legal process and provide them with all the necessary assistance to defend their rights and interests.

How is a teenager judged?

The popular belief is that minors who are tried and sentenced suffer the same fate as adults in detention. It is true that the rumor is true in rare cases. However, it is usually unfounded. The government provides for an exceptional court for the trial of adolescents: the Court of Quebec. This court deals with cases concerning young people. It follows a different system of justice than the one for adults.

The Youth Court receives and handles cases related to offences and crimes committed by a young person: sexual assault, theft, murder, armed robbery, etc. The accused has the right to be represented by a lawyer who will defend him.

Then comes the YCJA (Youth Criminal Justice Act). Its mission is to ensure the social reintegration of former juvenile offenders.

What is meant by extrajudicial measures for youth?

The main difference between the juvenile criminal justice system and the adult criminal justice system is in the penalization. The juvenile offender undergoes a specific provision called ” extrajudicial measures.

It imposes penalties while dodging the formal judicial procedures. According to the authorities, submission to extrajudicial sanctions is sufficient as punishment. The program is intended to minimize or even eliminate the risk of future offenses. However, the approach applies mainly to “non-violent” crimes.

The Youth Protection Branch

The Youth Protection Branch is an organization mandated to intervene in the lives of young people.

What is the DPJ?

The Canadian territory has set up a structure known as the DPJ (Direction de la Protection de la Jeunesse). Its mission is to serve the interests and protect the rights of children in the family setting.

In addition, the Director of Youth Protection ensures that the Youth Protection Act is respected. He is surrounded by a multidisciplinary team responsible for :

• Receiving reports of child abuse;
• Evaluating each case;
• Retain confirmed cases of YPA violations;
• Selecting and implementing the necessary corrective measures.

The DPJ opens its doors to children in difficulty as well as to any individual wishing to communicate cases of violation of the freedom and rights of young people.

What does the DYP do?

A complaint or report initiates the process. The assessment marks the beginning of theinvestigation by the directorate. Its analysis is based on several criteria:

• The description of the facts of the report;
• Information about the child: age, behavior, social interaction, school situation, health situation;
• The way in which the parents intervene to remedy the situation.

From these factors will be determined the opening or not of a file. Following confirmation, the DPJ retains the report.

An intervener is then mandated to become the intermediary between the parents, the child and the DYP. He analyzes the situation. He discusses with the parents before talking to the child. He travels to the victim’s school. He makes a complete assessment of the situation and the child’s environment. Then, he reports the facts to the DPJ. If no danger is found, the intervention ends. If not, measures are taken.

Depending on the context, the intervention can range from a simple dialogue with the family and friends to the placement of the child.

What to do in the event of a referral from the DYP?

Being the target of a report from the DPJ is upsetting for all parents. The situation threatens their parental authority even more. As the child’s legal guardians, parents have the right to fight back against the attack.

They retain the services of a youth protection lawyer, as a matter of fundamental right, regardless of the seriousness of the charges. Although the lawyer represents the parents, his or her role is primarily to protect the interests of the child.

The proceedings start with a mediation. At the heart of the debate are the questions of the child’s safety and development.

Using a lawyer for a child

In the past, there was a lot of controversy when a lawyer was called in to represent a child. Today, it has become more commonplace.

When to call a lawyer for minors?

A child can call upon a lawyer for minors following a juvenile crime. The intervention of a juvenile lawyer is all the more necessary if the minor is in police custody. As a reminder, police custody is a form of temporary deprivation of liberty ranging from 24 to 144 hours. Imprisonment takes effect following an offence. It ends at :

• The issuance of a summons for trial ;
• The presentation of the accused to an investigating judge;
• The placement of the accused under judicial supervision pending trial;
• The absence of prosecution for the offence.

Like an adult, a minor has the right to the assistance of a lawyer. They have a confidential interview with their representative of 30 minutes (maximum time limit) in police custody, renewable every 24 hours.

In addition, the presence of a lawyer is mandatory to assist a minor accused of offences by the investigating judge or the police. His or her intervention is essential to assist the accused during his or her appearance before the youth assistance counselor.

Why use a lawyer for minors?

Minors and adults share the same rights as regards the assistance of a lawyer. However, minors who are still under the responsibility of their parents cannot decide on their own whether or not they need a lawyer. Parental consent is required. In the case of parents who have lost their parental authority, the decision rests with the minor.

In some situations, the accused waives his right to assistance. However, the law of November 18, 2016 on the “Modernization of Justice for the 21st Century” has changed the situation. It imposes the presence of a lawyer for all minors placed in police custody and incriminated. Due to their gullible nature, fragility and lack of experience, they cannot afford to be deprived of this fundamental right, according to this law.

Which lawyer should be used?

The accused has a range of choices, but thejuvenile criminal lawyer remains a safe bet. The professional has a great deal of expertise in the field and is able to handle the case. He has many years of experience. He has also been confronted with several cases of juvenile delinquency. He is thus well placed to defend the interest of the accused.

The expert is also able to guide the minor through the judicial process. He helps him make the best decisions based on the evolution of his case (challenges or acceptance of charges at trial, entering a guilty plea).

Why choose a specialized lawyer?

Representing a minor charged with a criminal offence is a daunting task. The situation mixes the rights of the child, the parents and the victim of the act. The mission requires a thorough knowledge of the legal field and of youth law.

The intervention of a lawyer is necessary from the arrest phase to the court hearing.

It should be noted that the lawyer represents the minor accused of a crime and not his parents. He will therefore act in the minor’s best interest.

Parents who cannot afford to pay for a lawyer can always count on government legal aid to provide the services of a lawyer free of charge.

What is the role of a lawyer for children?

The role of thejuvenile lawyer is no different than the role of the adult lawyer. They use their expertise and efforts to protect the interests of the accused or victim.

Thelawyer intervenes in criminal offences called “offences”. This includes drug trafficking and theft.

A situation called “education of concern” also requires his presence. It describes circumstances that compromise the development (physical and psychological) of the minor.

His help is essential in the defense of a child victim of abuse, mistreatment, abandonment or violence.