Experienced Criminal Lawyers

Under 18 and Charged With a Crime in Alberta

Introduction – What happens when a kid is charged with a crime?

The Youth Criminal Justice Act (YCJA) provides for special rights and rules for young people who are detained by the police and prosecuted in court. Children from the age of 12-17 who are accused of crimes will be prosecuted under the YCJA. Once a criminal charge is laid, the child will have to attend court. In Alberta, the youth court is a special court with specialized judges who preside.

The intent behind the YCJA is to keep kids out of jail and, in some cases, out of the criminal justice system altogether. It provides for programs that divert kids out of the criminal justice system but only when charged with certain types of offenses. The Extrajudicial Sanctions Program is one example. This program requires an agreement by the prosecutor to refer the child to the program. If the child is accepted and then completes the program, the criminal matter is dismissed.

How can a lawyer help my child?

The work of a criminal lawyer in Calgary is to advocate for the young person and provide legal advice and representation. This involves skillfully negotiating with crown prosecutors, building creative defense theories, and advancing legal arguments to persuade the judge to reach a conclusion offered by the lawyer. Legal research is required. Reviewing all available evidence and potentially searching for missing evidence is also critical.

What happens when my child goes to court?

The first court appearance is for the criminal procedure only. The young person will appear in court with his or her lawyer. The court clerk will announce the child’s name. The judge will ask if the reading of the charge is necessary or if it can be waived. If your child has a good lawyer, the charge can be waived because your competent and capable lawyer has already explained the criminal allegation. In some cases, there may be an election that is required. On the first appearance, it will be the prosecutor who may have an election. If that is the situation and the prosecutor is ready, he or she may enter an election. It will either be by summary conviction or indictable. These concepts are similar to the terms misdemeanour and felony, which are popular and understood from American television. If the prosecutor enters an indictable election, then eventually, the young person will have to make an election. This could be any of the following: Provincial Court, Court of Queen’s Bench Judge-alone or Court of Queen’s Bench by Judge and Jury. Proper defense elections are made in writing after the lawyer has advised the young person of this right and given legal advice on the issue. After the procedural issues are completed, the criminal matter will be adjourned in order to proceed through the case. At some point, the young person may elect to proceed to trial. In other cases, the young person may never have to appear in court again because the charge has been withdrawn, stayed or referred to a special program as previously mentioned.

What if the age of the child goes over the age of 17?

This is a common occurrence where the criminal act is alleged to have started before the young person turned 18 years old but continued after the 18^th birthday. This is typically called a “straddle case” and occurs in more serious charges. The issues become complex, but inside that complexity lies strategic areas for defense. See one of our recent cases to understand the critical issues that were advanced and resulted in all charges being withdrawn.

Who will know that my child is facing a criminal charge?

First and foremost, a young person’s name is not allowed to be published. The young person will be referenced by his or her initials. This is due to provisions in the YCJA that protect the young person’s identity. Secondly, school officials will likely be notified and involved. Our firm has represented many different young people and has had direct experience with school resource officers and school administration being notified about the criminal allegation. This is another important area to discuss with your lawyer.

Will my child have a criminal record?

There is a complicated section in the YCJA that sets out “access periods” with respect to any criminal conviction on a record. Youth records include the information provided by the police (known as “disclosure”), all records that were before the court and possibly with government and non-government agencies (such as Child and Family Services documents). This is more than what an adult record would include. However, for young people, only certain individuals can access a youth record. These individuals include:

• The youth
• The victim
• A police officer
• A Crown prosecutor
• A judge
• The youth worker
• The youth’s parents or guardian
• The youth’s lawyer
• The Attorney General of the Province
• The director of a jail or detention centre

After the access period closes, no one can view or access the youth record. Any criminal record, youth or adult, can impact travelling outside of Canada and possibly attending certain universities.

Will my child go to jail?

The YCJA is designed in a way that makes jail the last option when it comes to sentencing. However, in violent offences and in cases of “repeat offenders”, it is possible that the young person would be sentenced to a period of incarceration. The YCJA requires that a judge give reasons for sending a young person to jail. In most cases, youth will spend approximately two-thirds of the sentence in jail, and the remainder of the sentence will be served in the community. This is referred to as “open” and “closed” custody. The period of the sentence that is served in the community is similar to a conditional sentence order which is a type of custodial sentence used in adult court.

The goal of the youth criminal justice process is to strive towards rehabilitation. The young person’s lawyer, the prosecutor and the specialized judge must all adhere to that principle, and it is to be given considerable weight in any sentencing matter.

How can I help my child in the criminal justice system?

The role of the parents can be critical to every step in the process. Our lawyers employ a team-based approach when advocating for children in youth criminal court. It is also important to highlight that the young person has support at home and school. Working with your lawyer by providing details about the child’s upbringing, his or her commitments in the community and how he or she is doing at school can make a big difference.