MY CHILD IS IN TROUBLE: WHAT DO I NEED TO KNOW?
My child has committed an offense and the police are calling. It is the phone call every parent dreads: "We have your child at the police station." What does this mean for my child? For me? For our family? There a number of possible outcomes, so the answer to that question can vary, depending on the circumstances.
All police departments in Canada work under federal legislation called The Youth Criminal Justice Act (YCJA). The YCJA focuses on providing a young person with meaningful consequences and clearly states that its goal is to encourage the involvement of parents, family, community resources and social agencies to assist in rehabilitating and reintegrating young persons who commit offenses. Under this legislation, police officers have a number of options available to them when dealing with youth between the ages of twelve and seventeen.
Here are some possibilities:
Pre-Charge Diversions
If your child is a first time offender with no history of police involvement and has committed a fairly minor offense (Vandalism, Shoplifting, Theft Under $5000), police may choose to:
- Take no further action
- Issue a verbal warning
- Make a referral to a Community Diversion Program.
Community diversion programs offered in Grey and Bruce Counties are administered by the Owen Sound & Area Family YMCA and include the Crime Prevention Program, the Anger Management Program, Extrajudicial Measures and the Youth Justice Circle Program.
These programs (known as "pre-charge diversions") are alternatives to Court and are appropriate for young people who commit an offense and take responsibility for it (admit that they did it). All of these programs are voluntary. Every young person who is accused of an offense has the right to go before the court, plead not guilty and have a trial.
Young people who successfully complete any of these pre-charge alternative programs stay out of the Court system. They do not end up with a Youth Court (criminal) record.
If a young person is not successful in completing the pre-charge diversion program (or refuses to participate in a diversion program at all), police are then obliged to take further action, which could involve laying a criminal charge.
Sometimes police officers dealing with an offense will put conditions on a young person. Some examples of conditions might be: a curfew, a non-association order (a directive to stay away from a certain person or place). If a young person is referred to a Community Diversion Program, these conditions remain in place until the program has been successfully completed.
Some diversion programs require parental involvement, some do not. In all instances remember that this is a time when your child needs your support (even if they say they don't).
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Youth Court
If your child has been involved with the police a number of times before or is now involved in a more serious offense (Theft over $5000, Break & Enter, Assault), police may choose to lay a criminal charge. Should this occur, your child will receive a Notice to Appear in Youth Justice Court.
The Notice to Appear will tell you the date and time to appear in Court. The notice will usually tell you to appear for 10:00 a.m. It is important to be there on time, but you also need to know that most people receive the same notice, meaning that many cases are scheduled for the same time. With this in mind, you do need to be aware that appearing in Court can often be an all day experience.
Finding your way through the formal justice system can be a time consuming and complicated process. Often, serious decisions that can have lasting consequences need to be made. Being present in Court with your child is helpful for a number of reasons. You can then help them 'navigate' the system. Your presence also shows the judge that your child has responsible, caring people in their life. This information can be helpful to the judge in making decisions about how to proceed with your child.
Your child should not appear in Court without first having spoken to a lawyer. Whether your child is innocent or guilty it is important that they have legal representation. You can hire a lawyer as soon as your child has been charged with an offense. Your lawyer can be helpful in getting information from the Courts and the Police and in negotiating on your child's behalf. Hiring a lawyer right away can also be a time saver. On most occasions, if a child appears in Court without having spoken to a lawyer, the case will be adjourned (delaying things for another month or more) to allow time for the youth to speak with counsel.
If you cannot afford a lawyer your child can apply for Legal Aid. There is an application process where you will need to provide Legal Aid Ontario with information about your finances. If you are approved, Legal Aid will provide a Legal Aid Certificate which your child can use to pay the lawyer they hire. While not all lawyers will work under a Legal Aid Certificate, the Legal Aid office can provide you of a list of those who do.
If your child arrives at Court without a lawyer for their first appearance, they will be able to get help from the duty counsel. Duty counsels are lawyers who are appointed by the Court to give free legal assistance to people about to appear in Court who don't have their own lawyer with them. Duty counsel is not a substitute for having your own lawyer, however, and would not be able to provide legal assistance throughout your child's case. If your child is planning on using duty counsel for general advice prior to their first appearance, you should arrive at Court early enough to have time to do this. There are often quite a number of people waiting for counsel.
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Post-Charge Diversions
If your child has been charged and is appearing in Court this does not necessarily mean that the option of diversion is lost to you. The Courts in Grey and Bruce both subscribe to programs called Extrajudicial Sanctions (EJS). The EJS Program and the Youth Justice Circle Program are both used as community based diversions from Court in Bruce and Grey. These programs are also administered by the Owen Sound & Area Family YMCA.
These programs are appropriate for some young people making their first Court appearance on a relatively minor charge, who are admitting responsibility for their actions. Not all youth are appropriate for this option, and there is a screening and application process, which can be completed at Court on the day of your child's first appearance. The application must also be approved by the Crown Attorney.
Young people who successfully complete their Court diversion program generally conclude by having their charge withdrawn or stayed. In this case, they do not come away with a Youth Court (criminal) Record, although they will have a record showing that they have participated in a Diversion program, which will remain in effect for two years from the date of completion. Young people who are not successful at completing their Diversion program must return to the formal system and be sentenced by the Court. These youth will acquire a Youth Court (criminal) Record.
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