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Types of Cases Transferred to Adult Court

1998 - 99 1997 - 98 1996 - 97 Violence 22,284/ 54 23,711/ 41 21,737/ 52 Property 45,336/ 27 49,602/ 19 51,687/ 27 Other CC/YOA 34,290/ 9 33,021/ 13 31,399 /11 Drugs 4,755/ 1 4,549/ 6 5,242/ 2

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Types of Cases Transferred to Adult Court

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  1. 1998 - 99 1997 - 98 1996 - 97 Violence 22,284/54 23,711/41 21,737/52 Property 45,336/27 49,602/19 51,687/27 Other CC/YOA 34,290/ 9 33,021/13 31,399/11 Drugs 4,755/ 1 4,549/ 6 5,242/ 2 TOTAL 106,665/91 110,883/79 110,065/92 Types of Cases Transferred to Adult Court

  2. 96/97 97/98 98/99 99/00 00/01 Canada 92 79 91 52 86 Newfoundland 0 1 1 4 4 Prince Edward Island 0 0 0 0 0 Nova Scotia 0 2 0 0 0 New Brunswick 0 0 0 1 0 Quebec 26 23 23 8 18 Ontario 12 9 6 15 17 Manitoba 32 23 29 11 26 Saskatchewan 0 1 1 0 3 Alberta 10 14 20 6 12 British Columbia 11 5 11 7 6 Yukon 0 0 0 0 0 North West Territories 1 1 0 0 0 Nunavut n/a n/a n/a 0 0 Provincial Variations in Transfers to Adult Court

  3. the transfer process is eliminated enhanced protections and notice requirements are added throughout the process to protect the youth’s rights pattern of repeat, violent offences is added to the list of offences which give rise to the presumption of an adult sentence the age at which the presumption of an adult sentence arises is lowered to 14 if the Crown notifies the court that it will not seek an adult sentence for a presumptive offence, the court cannot impose an adult sentence the test for an adult sentence requires the court to determine whether a youth sentence would be of sufficient length to hold the young person accountable Significant Changes in Adult Sentencing

  4. the consideration of whether an adult sentence is necessary is based on whether the length of the youth sentence is sufficient to hold the youth accountable the youth’s potential liability to an adult sentence is subject to enhanced procedural protections Objectives for Adult Sentences

  5. S.62(a) an adult sentence shall be imposed on a youth when a youth commits a presumptive offence after he turns 14 – the young person may apply to have a youth sentence imposed S.62(b) in any other event, an adult sentence may be imposed on application of the Crown when a youth commits an indictable offence for which an adult is liable to imprisonment for two years or more S.62 Scheme for Adult Sentencing

  6. S. 3(1) The following principles apply in this Act: (b) the criminal justice system for young persons must be separate from that of adults and emphasize the following: (i) rehabilitation and reintegration, (ii) fair and proportionate accountability that is consistent with the greater dependency of young persons and their reduced level of maturity, (iii) enhanced procedural protection to ensure that young persons are treated fairly and that their rights, including their right to privacy, are protected, (iv) timely intervention that reinforces the link between the offending behaviour and its consequences, and (v) the promptness and speed for which the persons responsible for enforcing this Act must act, given young persons’ perception of time; S. 3(1)(b) - Emphasis

  7. S. 3(1) The following principles apply in this Act: (c) within the limits of fair and proportionate accountability, the measures taken against young persons who commit offences should (I) reinforce respect for societal values, (ii) encourage the repair of harm done to victims and the community, (iii) be meaningful for the individual young person given his or her needs and level of development and, where appropriate, involve the parents, the extended family, the community and social or other agencies in the young person’s rehabilitation and reintegration, and (iv) respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements; S. 3(1)(c)

  8. S. 38(1) The purpose of youth sentences is to hold a young person accountable for an offence through the imposition of sentences that have meaningful consequences for the young person, and promote his or her rehabilitation and reintegration into society thereby contributing to the long-term protection of society. S.38(1) Purpose of Sentencing

  9. S. 38(2) A youth sentence shall be imposed in accordance with the principles set out in S. 3 and the following principles: (a) the sentence shall not result in a greater punishment than an adult would face for a similar offence; S. 38(2)(a) Principles of Sentencing

  10. S. 38(2) A youth sentence shall be imposed in accordance with the principles set out in S. 3 and the following principles: (b) the sentence must be similar to sentences imposed on other young persons in the region found guilty of the same offence committed in similar circumstances; S. 38(2)(b) Principles of Sentencing

  11. S.38(2) A youth sentence shall be imposed in accordance with the principles set out in S. 3 and the following principles: (c) the sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the young person for the offence; S. 38(2)(c) Principles of Sentencing

  12. S. 38(2) A youth sentence shall be imposed in accordance with the principles set out in S. 3 and the following principles: (d) sanctions other than custody that are reasonable in the circumstances shall be considered for a young person, with particular attention to the circumstances of aboriginal young persons; 38(2)(d) Principles of Sentencing

  13. S. 38(2) A youth sentence shall be imposed in accordance with the principles set out in S. 3 and the following principles: (e) subject to proportionality, the sentence must (i) be the least restrictive sentence capable of achieving accountability, (ii) be the sentence most likely to rehabilitate the young person and reintegrate him into society, and (iii) promote a sense of responsibility in the young person and an acknowledgement of the harm done to victims and the community. 38(2)(e) Principles of Sentencing

  14. S. 2(1) defines “presumptive offence” as (a) murder, manslaughter, attempted murder or aggravated sexual assault, when the offence committed is by a young person 14 or older S.2(1) Presumptive Offence

  15. S.32(1)(d) If a young person is charged with a presumptive “a” offence, the youth justice court at the first appearance shall inform the young person > that an adult sentence will be imposed on a finding of guilt unless the court orders that the youth is not liable to an adult sentence. S.32(1)(d) Notice that Adult Sentence Will be Imposed

  16. S.63(1) A young person who is charged with or found guilty of a presumptive offence may, at any time before sentencing, make an application for an order that he is not liable for an adult sentence and that a youth sentence must be imposed. S.63(1) Youth May Apply for Youth Sentence

  17. S.63(2) If the Attorney General gives notice to the youth justice court that the application of the youth for a youth sentence under S.63(1) is not opposed, the court shall, without a hearing, order that the youth is not liable to an adult sentence and that a youth sentence must be imposed. S.63(2) Application for Youth Sentence Unopposed

  18. the Attorney General may give notice to the court at any time that an adult sentence will not be sought for a young person who is alleged to have committed a presumptive “a” offence the court shall order that the youth is not liable to an adult sentence the court shall order a ban on publication of information that would identify the young person as someone who has been dealt with under this Act S.65 Notice That No Adult Sentence Sought

  19. S.2(1) defines “presumptive offence” as (b) a serious violent offence that would attract a two-year sentence, or more, for an adult, if the young person is 14 or older and if there are two previous findings of serious violent offences S.2(1) Presumptive Offences

  20. S.2(1) defines “serious violent offence” as an offence in the commission of which a young person causes or attempts to cause serious bodily harm S.2(1) Serious Violent Offence

  21. S.42(9) On application of the Attorney General after a young person is found guilty of an offence, and after giving both parties an opportunity to be heard, the youth justice court may make a judicial determination that the offence is a serious violent offence and endorse the information or indictment accordingly. S.42(9) – Determination of Serious Violent Offence

  22. S.64(2) If the Attorney General intends to seek an adult sentence for an offence other than a presumptive offence, or by establishing that an offence is a presumptive “b” offence, the Attorney General shall, before the young person enters a plea, or before the commencement of the trial with the leave of the court, give notice to the young person and the court of the intention to seek an adult sentence. S.64(2) Notice of Intention to Seek Adult Sentence

  23. S.32(1)(c) If the youth justice court is notified of an intention to seek an adult sentence under S.64(2), the court shall inform the young person that an adult sentence may be imposed if the young person is found guilty of the offence. S.32(1)(c) Notice by the Court

  24. S.64(4) If a young person is charged with an offence other than a presumptive “a” offence, and the Attorney General intends to establish, after a finding of guilt, that the offence is a serious violent offence and a presumptive “b” offence, , the Attorney General shall, > before the young person enters a plea, or > with the leave of the court, before the commencement of the trial give notice of the intention to the young person. S.64(4) Notice of Intention to Establish Serious Violent Offence

  25. S.63(1) A young person who is charged with or found guilty of a presumptive offence may, at any time before sentencing, make an application for an order that he is not liable for an adult sentence and that a youth sentence must be imposed. S.63(1) Youth May Apply for Youth Sentence

  26. S.68(5) If the youth justice court determines that an offence is not a presumptive “b” offence, the Attorney General may make an application under S.64(1) for an adult sentence. S.68(5) Application for Adult Sentence

  27. S.62 An adult sentence shall be imposed on the finding of guilt for an indictable offence when (a) it is a presumptive offence and the court has ordered that an adult sentence be imposed (S.70(2), S.72(1)(b)) (b) an order is made under S.64(5) (the young person does not object to an adult sentence), or S.72(1)(b) (a youth sentence has been found insufficient to hold the young person accountable). S. 62 Imposition of Adult Sentence

  28. S.64(1) The Attorney General may, after an application for a determination of serious violent offence is made, if any, and before sentencing, make an application for an order that a young person is liable to an adult sentence if the young person has been found guilty of an offence for which an adult is liable to imprisonment of more than two years, and the offence was committed after the young person turned fourteen. S.64(1) Application for Adult Sentence

  29. S.64(2) If the Attorney General intends to seek an adult sentence for an offence other than a presumptive offence, or by establishing that an offence is a presumptive “b” offence, the Attorney General shall, > before the young person enters a plea, or > before the commencement of the trial with the leave of the court, give notice to the young person and the court of the intention to seek an adult sentence. S.64(2) Notice of Intention to Seek Adult Sentence

  30. notice - the YCJA contains enhanced notice provisions when a youth may be subject to an adult sentence place of trial - all trials of young persons take place in youth justice court, whether a youth or adult sentence is sought mode of trial - S.67(1) lists the circumstances under which the young person shall have an election as to the mode of trial Procedural Considerations

  31. S.64(3) A notice of an intention to seek an adult sentence with respect to an offence is notice with respect to any included offence for which an adult is liable for a term of imprisonment of two years or more. S.64(3) Notice of Included Offences

  32. S.64(4) If a young person is charged with an offence other than a presumptive “a” offence, and the Attorney General intends to establish, after a finding of guilt, that the offence is a serious violent offence and a presumptive “b” offence, , the Attorney General shall, >before the young person enters a plea, or > with the leave of the court, before the commencement of the trial give notice of the intention to the young person. S.64(4) Notice of Intention to Establish Serious Violent Offence

  33. S.32(1)(c) If the youth justice court is notified of an intention to seek an adult sentence under S.64(2), the court shall inform the young person that an adult sentence may be imposed if the young person is found guilty of the offence. S.32(1)(c) Notice by the Court

  34. S.32(1)(d) If a young person is charged with a presumptive “a” offence, the youth justice court at the first appearance shall inform the young person > that an adult sentence will be imposed on a finding of guilt unless the court orders that the youth is not liable to an adult sentence. S.32(1)(d) Notice that Adult Sentence Will be Imposed

  35. S.32(1)(b) If the young person is not represented by counsel, the youth justice court shall inform the young person of the right to retain and instruct counsel without delay. S.32(1)(b) Notice Where Young Person Not Represented by Counsel

  36. S.32(3)(b) If a young person is not represented by counsel and is liable to an adult sentence, the youth justice court shall, before accepting a plea, explain to the young person > the consequences of being liable to an adult sentence, and > the procedure by which the young person may apply for an order that a youth sentence be imposed. S.32(3)(b) Notice of Adult Sentence and Procedure

  37. S.67(1) The youth justice court shall, before a young person enters a plea, put the young person to his election if (a) the young person is charged with a presumptive “a” offence; (b) the Attorney General has given notice of an intention to seek an adult sentence for an offence; (c) the young person has been charged with murder; or (d) the status of the young person is uncertain and he has been charged with an offence for which an adult would be entitled to an election. S.67(1) Election for Method of Trial

  38. S.66 If the youth justice court has made an order that the young person is not liable to an adult sentence > when the youth’s application for a youth sentence is not opposed, or > when the Attorney General gives notice that an adult sentence will not be sought, the young person shall not be put to an election unless the young person has been charged with murder. S.66 Where No Election Available

  39. S.70(1) The youth justice court shall, before sentencing, inquire whether a young person wishes to make an application for a youth sentence, and if so, whether the Attorney general would oppose it, if (a) the young person has been found guilty of a presumptive offence; (b) the young person has not already made an application for a youth sentence; and (c) no order has been made that the young person is not liable to an adult sentence. S.70(1) Inquiry of Young Person

  40. S.71 The youth justice court shall, at the commencement of the sentencing hearing, hold a hearing in respect of an application for a youth sentence under S.63(1), or an adult sentence under S.64(1), unless the court has received notice that the application is not opposed. S.71 Hearing of Application for Adult or Youth Sentence

  41. S.72(1) In making its decision on an application for a youth sentence or an adult sentence under S.71, the youth justice court shall consider > the seriousness and circumstances of the offence, > the age, maturity, character and previous record of the young person, > any other factor the court considers relevant, and > whether a youth sentence imposed in keeping with the principles of S.3(1)(b)(I) and S.38 is of sufficient length to hold a young person accountable for his behaviour. S.72(1) Factors for Consideration

  42. S.110(2) The name and identifying information of a youth may be published when (a) an adult sentence is imposed; (b) where a youth sentence is imposed for a paragraph “a” presumptive offence or for a paragraph “b” presumptive offence when notice of intention to seek adult sentence was given; and (c) where the publication of the information is made in the course of the administration of justice, if it is not the purpose of the publication to make the information known in the community. Publication

  43. S.65 – The court shall order a ban on publication when the Attorney General has given notice that an adult sentence will not be sought with respect to a presumptive “a” offence, and the court has ordered that the young person is not liable to an adult sentence. S.75(1) – When a young person has received a youth sentence for a presumptive offence, he will be given an opportunity to make an application for a ban on publication. S.75(3) – On application of a youth or The Attorney General, the court may order a ban when it considers that a ban is appropriate in the circumstances, weighing the rehabilitation of the young person and the public interest. Ban on Publication

  44. S.76(1) When a young person who is subject to an adult sentence is sentenced to a term of imprisonment for the offence, the youth justice court shall order that the young person serve any portion of the imprisonment in (a) a youth custody facility; (b) a provincial correctional facility for adults; or (c) a penitentiary, if the sentence is two years or more. S.76(1) Placement on Conviction

  45. S76(2)(a) If the young person is under 18 at the time of sentencing, he shall be placed in a youth facility; S.76(2)(b) If a young person is over 18 at the time of sentencing, he shall be placed in an adult facility. Placement Dependent on Age

  46. S.77(2) Part II of the Corrections and Conditional Release Act applies with respect to a young person who is the subject to an adult sentence and is sentenced to a term of imprisonment. S.77(2) Applicability of Adult Conditional Release Provisions

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