Youth Criminal Justice Matters
At CS Law, we practice in both adult and youth criminal cases. A young person, in the eyes of Canadian criminal law, is someone between the ages of 12 and 18. Twelve is the age of criminal responsibility in Canada. Young persons are governed by separate criminal law legislation, known as the Youth Criminal Justice Act.
Young persons are viewed differently in the eyes of the criminal justice system, given their lower level of moral blameworthiness. This different treatment affords young people to different procedural safeguards and options in the criminal justice system. Some of these include:
• A different sentencing range than adults, with a reliance on rehabilitation and restorative justice rather than deterrence and denunciation;
• Unique rights during a criminal investigation, including the right to have a parent present during police questioning;
• A right to have any criminal records “sealed” after a certain period of time elapses post-sentence
• Pre-charge diversion which the police can use as a tool to not overburden the court system
Peace Bond Hearings
We also assist individuals who are facing the prospect of being entered into a section 810 Peace Bond. A Peace Bond is not a charge but a legal order that can be lodged with a Court in certain cases. A court must determine that the informant had a reasonable basis to fear for their own (or another person’s) personal and proprietary safety. The effect of being ordered into a Peace Bond would the respondent is subject to conditions to have no contact with the informant(s) and to keep the peace and be of good behavior.
By entering into a Peace Bond, there is no admission of criminal responsibility and there is no criminal conviction entered. However, one may feel that they should not be subjected to this type of order, and may wish to oppose entering into the Peace Bond. At CS Law, we can assist with this process and can work with you to present a case to the Court to suggest that there is no legal basis to enter you into this order.