Criminal law

Youth Court

What do we mean by “youth court”?

In legal terms, “youth court” refers to the court that hears cases involving adolescents who have been charged with an offence. In Quebec, it’s the Court of Quebec, Youth Division that acts as the youth court. No matter what name we use, we’re talking about the same court!

The judges who sit on the youth court have experience working with young people, so they’re aware of the different problems they may be facing. These judges hear a wide variety of cases.

First of all, they hear cases that relate to charges against adolescents between the ages of 12 and 17. In other words, the court deals with youth criminal justice matters. This is the case for David. He’s accused of theft, which is an act prohibited by the Criminal Code.

The Court of Quebec, Youth Division also hears cases referred to it by the Director of Youth Protection (DYP). These files involve minors whose security and development is feared to be at risk (for example, the DYP has evidence that they are being abused or neglected). In order to protect the adolescent, the youth court can place him somewhere like a group home or a foster home. During this type of hearing, the court is said to be ruling on matters of youth protection.

In addition, the youth court also hears adoption cases.

Who is involved?

Normally, a number of professionals will be present in the courtroom when a young person is on trial. Though they may have different interests, everyone works to make sure that the law is applied fairly.

Let’s start with the judge, as she has a pretty central role – in fact, nothing can happen without her there! She has the huge responsibility of resolving the legal issues that come before the court. The judge presides over the trial, makes sure that things run smoothly, ensures that everyone respects the rules, renders a verdict, and if necessary, imposes a sentence.

Next, there’s the Crown prosecutor. In addition to a number of other tasks, this lawyer must present evidence and convince the judge beyond a reasonable doubt that the charges against the adolescent are well-founded. If the youth is found guilty, the lawyer must make recommendations about sentencing.

David’s lawyer will sit by his side during the trial. Her role is to ensure that her client’s rights are respected. David’s lawyer also presents any evidence that might raise a reasonable doubt about his guilt or downplay his responsibility for the offence. If David is found guilty, she must make recommendations about sentencing.

A courtroom would not be complete without the court employees. First, there is the clerk. He runs the court and drafts a transcript of the proceedings. Also, he makes sure that everything is recorded on video or audiotape.

Then there’s the court usher, who maintains order in the court. He makes sure that everyone respects certain formalities, such as the requirement for all present to rise when the judge enters the room.

Special constables are responsible for security. These are real police officers who are ready to intervene if things get heated. After all, we’re in a court of justice – sometimes it’s tough for people to control their emotions!

Who is in charge of the youth court?

Everyone at the youth court has a specific role to play. There isn’t any one person who is in charge of everything. However, the judge presides over the trial, since it’s up to her to make sure that the legal process functions well. The judge has the power to discipline anyone who acts out of line and disregards an order of the court.

For example, during David’s trial, the judge can order David’s father to stop insulting the Crown prosecutor who’s questioning his son. If his father does not comply with the judge’s order, he can face a fine or imprisonment for contempt of court.

In fact, the judge has the power to make any order that is necessary to ensure that the law is respected. Chances are she can make even the most stubborn person think twice about challenging her!

Does the youth court only deal with people who are under 18?

Normally, yes – but there are exceptions. The youth court is responsible for all cases involving an offence committed by a person while he was an adolescent. As defined by the law, an “adolescent” is a person who is at least 12 years old, but who has not yet reached the age of 18.

If David had stolen the car when he was 17, but the police only arrested him at the age of 18, then his file would still go to youth court. To figure out where the case will be heard, the authorities consider the age of the adolescent when he committed the offence. If the person was a minor at the time, then the file will be transferred to youth court. There have been cases where 30-year-olds have been tried in youth court, when they are charged with offences committed while they were still teenagers. The old saying “you can never escape the long arm of the law” is pretty appropriate in these cases…

1. Côtécour, chambre de la jeunesse
2. Site de la Cour du Québec
3. Texte de la loi