Criminal Defence
Youth Charges Lawyers in New Brunswick and Nova Scotia
The Youth Criminal Justice Act governs a charge against anyone aged 12 to 17 at the date of the offence, and the charge is heard in youth court. The court is different, the sentences are different and the record works differently. Across New Brunswick and Nova Scotia, a youth charges lawyer at this firm defends young people, and the first advice usually concerns a police interview that has not happened yet.
The Act Protects Identity and Brings Parents In
A young person is prosecuted in youth justice court, which in both provinces is part of the Provincial Court. Section 110 of the Act generally bars publication of the young person’s identity. Police must give a parent notice of an arrest or a summons, and a parent can attend every stage without becoming part of the prosecution.
Section 146 Governs Every Statement to Police
Before taking a statement, police must explain the young person’s rights in language suited to their age and understanding, offer a consultation with a lawyer and a parent, and allow those people to be present when the statement is given. A waiver has to be recorded. A statement taken short of that standard is inadmissible under s. 146 of the Youth Criminal Justice Act. The practical advice is short: no interview before legal advice.
Extrajudicial Measures Resolve Many Files Without a Finding
The Act directs police and Crown to consider warnings, cautions and referrals before charging, and allows an extrajudicial sanction only where those measures are not adequate. A completed sanction ends the prosecution without a finding of guilt. Each province runs its own program. Because a sanction requires the young person to accept responsibility, the decision to enter one is made only after advice from counsel.
What a Youth Charges Lawyer Argues at Sentencing
Custody is a last resort under the Act, and the court must consider every alternative first.1 Most youth sentences are a reprimand, a discharge, probation or community work. A custody and supervision order, where imposed, is capped at two years in total for most offences and three where an adult would face a life maximum, with part of the term served under supervision in the community. An adult sentence requires a Crown application, applies only from age 14, and puts the onus on the Crown to justify it.
A Youth Record Closes on a Timetable
A finding of guilt does not create an adult criminal record. It creates a youth record with an access period: three years after the sentence is completed for a summary matter, five for an indictable one.2 A new offence during the access period can carry the record into adulthood. After the period closes, the record is sealed and standard record checks do not return it.
The Firm Defends Youth Charges in New Brunswick and Nova Scotia
Do Parents Have to Be Told?
Yes. The Act requires notice to a parent after an arrest or a summons, and it gives the young person a reasonable opportunity to consult a parent before a statement to a peace officer or other person in authority.
Can a Young Person Be Held Before Trial?
Only within limits. The Act bars detention as a substitute for child protection or mental health services, and it directs the court to inquire whether a responsible person is available and willing to take the young person into their care. Any custody before trial is in a youth facility, separate from adults.
Will a Youth Charge Affect a Job Application?
During the access period, a police records check may return the file. After the period closes, it does not. Timing applications around that date is part of the advice.
The adult charges the firm defends are under criminal defence, including assault and theft. To speak with a lawyer about a young person’s charge, use the contact page.