Criminal law

The trial

Is an adolescent’s trial public?

Yes, the hearings at youth court are public. This means that, in theory, anyone can attend the various stages of the legal process. This includes the appearance, the trial, and even the part when the judge delivers a sentence.

However, in exceptional circumstances, the judge may decide to make certain people leave the courtroom. And, she can order people who are called as witnesses to leave the room until it’s their turn to testify. The court can also prohibit a witness from being present even after he has testified.

Can certain people be refused access to an adolescent’s trial?

Yes. In order to minimize any negative impact that the presence of certain people may have on the youth, the judge can order that they not be admitted into the courtroom. However, the judge can only do this if the person’s presence is not necessary for the proceedings.

For example, the judge can ask a police officer or a group of the accused’s friends to leave if she thinks that their presence is unnecessary and is likely to cause a disturbance or upset the youth or interfere with the proceedings. The judge must be convinced that the presence of these people will really be a serious problem for the youth, whether he is the accused, a victim, or a witness.

Similarly, if people interrupt or interfere with the proceedings (for example, by shouting in the courtroom), they can be removed by an order from the judge. This doesn’t happen often, though, as people generally behave respectfully in court.

Can the parents of the accused be excluded from the courtroom?

In theory, the accused’s parents cannot be excluded from the courtroom because their presence and support are important to the youth. If the parents are not present in the courtroom, the judge can check to see whether they have been notified about the proceedings and ask about the reason for their absence. The judge can also suspend the proceedings and order that the parents be present.

If the court finds the youth guilty, a hearing is held to determine the adolescent’s sentence. During this hearing, reports containing a lot of personal information about the youth are often presented to the judge to help her make an appropriate decision. Sometimes, it may happen that the parents don’t know about certain facts concerning their child. In such a case, if it is in the adolescent’s best interest, the judge can decide to exclude the parents from the hearing so that they don’t hear the contents of the reports.

Does the adolescent have to be present during the proceedings?

Yes. Her presence is required throughout the proceedings, with some exceptions. Returning to our example, if charges are brought against Veronica, she will have to appear in court to respond to them.

Can the media reveal the identity of an adolescent who is charged with an offence?

No. In order to increase the chances that a youth in conflict with the law will eventually reintegrate successfully into society, the law provides that the media cannot release her name. It also prohibits the release of all other information that can be used to identify her.

This means that the media can describe the facts of the alleged offence and the proceedings. However, they cannot publish or release the youth’s name or any information that identifies her. So, whenever a case involving an adolescent is discussed, only her initials can be given (and not her first name or family name). In Veronica’s case, her family name is West, so during the proceedings, her case will be referred to as R. v. V.W., which means, “The Queen versus Veronica West”. This rule protects the anonymity of the youth, so that her reputation isn’t ruined for the rest of her life. Again, this increases the possibility of her successfully reintegrating into society once her experience with the criminal justice system is over.

Exceptionally, the law allows for the youth’s identity to be released in three cases:

• When there is reason to believe that the adolescent is dangerous and that releasing her name will make her arrest more likely. A judge’s authorization must be granted for this and the order is only valid for five days;
  
• When an adult sentence has been imposed on an adolescent. However, the youth’s identity can only be revealed once all of the proceedings are over;
  
• Publication will sometimes be allowed in cases where the the Crown prosecutor asked for an adult sentence, but the youth received an adolescent sentence instead. This only applies in cases of murder, attempted murder, manslaughter, aggravated sexual assault, or repeated serious violent offences.

For the same reasons, the names of victims and witnesses who are under 18 years of age cannot be disclosed by the media. It’s important to note that victims and witnesses are free to talk to the media about their experience after they have reached the age of majority. This is equally true for adults who have had run-ins with the criminal justice system during their adolescence.

The judge can authorize the publication of an accused’s name, even if she is under 18, if the youth requests it and if its publication is not contrary to the best interests of the youth or the public.

What happens if someone breaks the law by releasing an adolescent's name?

Under the Youth Criminal Justice Act (YCJA), respect for the privacy of young people is taken very seriously. The media, a journalist, or any other person who publicly releases the name of a youth has committed an offence and can be criminally charged.

So Veronica doesn’t have to worry. Even if the media covers the story about the alleged assault, chances are they won’t take the risk of revealing her identity.

Is the youth court record confidential?

Yes. As soon as an adolescent is suspected of having committed a crime and the case is brought before the court, a file is opened. The file is called the youth court record. Access to this record is very limited, in order to protect the privacy of the adolescent.

The adolescent’s lawyer, the police, the Crown prosecutor, and the judge can consult the file at the youth court at anytime. Of course, the adolescent can do so as well. In certain circumstances, other people, such as the victim and the accused’s parents, can also consult the youth court record as long as the file is active.

So Veronica’s classmates won’t have access to her court record. But if an adolescent is given an adult sentence, the file will no longer be confidential and the rules for adult records will apply.

Can information about an offence committed by a youth be disclosed to her school?

Generally, no, since confidentiality is the rule when it comes to information about a young offender.

Only under exceptional circumstances can information be communicated to the school, the school board, or any other training institution the adolescent attends. Releasing this information may be allowed only if it is necessary in order to:

• Ensure that the adolescent respects the court’s ruling regarding her release, her probation, etc.;
  
• Ensure the security of staff, students, and others. For example, let’s say that the testimony of an expert witness convinces the court that the adolescent is a violent and impulsive person who may pose a threat to others. It would then be important to inform the school of this situation in order to closely monitor the youth’s behaviour;
  
• Aid in the adolescent’s rehabilitation.

1. Texte de la loi
2. Commissaire à la protection de la vie privée du Canada