1. Youth Criminal Justice Act: Trial Procedures

2. Trial Procedures
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)

3. Trial Procedures 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

4. Publication of Identities
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

5. Publication of Identities
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

6. Adult Sentences
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

7. Youth Sentences 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