It seems recently, teenagers have been making headlines for all the wrong reasons. The media is reporting that youth serious crime like murder rates have been on the rise since the pandemic especially in the Greater Toronto Area (https://www.cbc.ca/news/canada/youth-violence-toronto-cause-solutions-1.7256100). While there’s definitely a wide variety of nuanced factors that may have contributed to the rise of youth murder rates in a post-pandemic world, we will be examining how teenagers are charged differently to adults for violent crime like murder.
First it may be important to differentiate who is considered an adult and who isn’t under Canadian law. According to The Youth Criminal Justice Act, youths can include individuals above the age of 12 but below the age of 18. Under the Criminal Code of Canada however, the Code reads that those above the age of 14 can be tried as an adult or a youth.
It is almost always advantageous to an accused to be tried as a youth rather than an adult as youth court places more emphasis on the rehabilitation and reintegration aspect of sentencing than adult sentencing does. This means youth are more likely to receive options for community service and other diversion programs rather than harsh imprisonment.
For serious crimes such as murder however, the Crown is more likely to elect to treat the matter as an adult, especially with youth that are 16 or 17, closer to being adults. The Crown would have to show that the youth has the same level of mental accountability as an adult would and that a youth punishment would not be enough to hold the teen accountable for the crime. If this is found, it would be you or your lawyer’s onus to convince a judge you should be tried as a youth, but this is unlikely for youths closer to 18 with serious charges like murder.
If a youth is tried as an adult, there is not much of a difference between what a trial would be like for a youth versus for an adult. The only real difference is that youths receive a “publication ban” to protect their identity. This means on all court documents, a youth’s name would be redacted on publicly available documents like court schedules, and only their initials could be published in the media and on court dockets. There is a chance however this gets reversed upon a guilty conviction but is dependent on the circumstances of trial.
On the topic of conviction, a big difference between youth conviction and adult conviction is what is reflected on your record. According to the RCMP youth records are treated one of two ways based on whether it was a summary (less serious) or indictable (more serious) offence.
The RCMP states- “if you are found guilty of a summary offence: We destroy your record three years after you complete your sentence”.
They also state- “if you are found guilty of an indictable offence: We seal your record five years after you complete your sentence”.
It is important to note that for serious crimes like murder, your youth record is never destroyed, it is only sealed after five years after the completion of your sentence. This means that the offence should not come up when it comes to routine background checks for employment for instance, but it is still able to be searched by law enforcement agencies like the RCMP and the OPP. For an adult record however, charges are permanent and can be flagged quite easily through routine background checks and border crossings for example.
In sum, for serious crimes like murder, it is likely that teenagers above the age of 14, especially those aged 16-18 years old, will be tried as an adult. If tried as an adult, there is very little material difference between how a teenager will be charged with murder versus an adult. It is still possible however to be tried as a youth which can help you avoid a harsher sentence and have more rehabilitation-focused.
That is why if you or someone you care for is a youth and has been charged with any crime, from stealing a loaf of bread, to a crime as serious as murder, you need to call the team of qualified and highly skilled lawyers at Collett Read LLP.
Do not hesitate to contact us for a confidential consultation through our contact page or call us at (905) 541-2228.
