 Youth under the YCJA may only be tried in a youth court or family court  Youth cannot be tried using an adult court  Nor can youth be tried using same procedures as adults (without youth rights)

 youth are tried using the same rules of evidence  youths can apply for legal aid  Purpose of youth court procedures is to ensure youth are processed quickly and can be returned home as soon as possible

 Trials of youth are still open to public and media (principle of free and fair trials)  However, although trials of youths can be reported, their names cannot be published  Above rule applies not only to news media, but also blogs and personal websites

 Exception to rule – youth charged with PRESUMPTIVE OFFENCES  Presumptive Offence = serious violent offence, such as murder, assault, sexual assault, etc.  In these cases, names of youths can be published IF CONVICTED  However, if judge believes doing so may affect rehabilitation, will order publication ban  If Crown does not pursue adult sentence for this, though, then convicted youth’s name NOT published

 Under Juvenile Delinquents Act and Young Offenders Act, youth over 14 charged with serious offences could have been tried in adult court and given adult sentences  YCJA’s change here is that if youth is over 14 and charged with violent crime (with sentence of more than 2 years in jail), then can be treated and sentenced as adult

 First-degree Murder = 10yrs max  Second-degree Murder = 7yrs max  Any offence with life sentence = 3 yrs max  All other offences = 2yrs max  If Crown wishes to pursue adult sentence, onus is on Crown to show that it is more appropriate for youth accused of crime