Criminal law

The Trial

What happens during a youth court trial?

In legal terms, "youth court", refers to the court that hears cases involving adolescents who are charged with an offence. (The full name of the court is youth justice court, but it is usually called youth court.)

During the trial, the judge listens to the testimony of various witnesses – these can include both civilians and police officers. Based on what they’ve seen or heard, the witnesses may provide evidence that the accused did indeed commit the alleged offence. On the other hand, their testimony might also prove that he’s innocent.

Since Justin denies any involvement in the theft, the authorities have decided to take him to court. During the trial, they will try to prove that he is guilty.

A trial can sometimes be very long and complex. But it’s still the best tool we have to search for the truth in a way that respects the adolescent’s rights. After all, an accused person is presumed innocent until proven guilty.

How is evidence presented?

The Crown prosecutor is the first to present evidence, because she has the burden of proving that the adolescent is guilty as charged. She presents the “case-in-chief” by submitting her evidence (photos, the weapon used to commit the offence, etc.) and calling her witnesses to the stand. In addition to describing what they saw or heard, the witnesses can tell the judge if the adolescent made any statements or admissions to them about the alleged offence.

Each witness is then questioned by the adolescent’s lawyer, who can ask questions to test their credibility. This step is called “cross-examination”. The goal is to make the Crown prosecutor’s witnesses contradict themselves or appear hesitant or unsure of their answers.

Once the Crown prosecutor has called all her witnesses to the stand, it is the defense lawyer’s turn to call witnesses. The same process is repeated, but the roles are reversed. It is now up to the Crown prosecutor to cross-examine the witnesses called by the defence.

Once the testimonies are over, the trial then enters a very important stage: pleadings.

Does an adolescent have to testify at his own trial?

An adolescent is never obliged to testify at his own trial, although he can choose to do so. This decision will be made according to the defense strategy, and the adolescent’s lawyer is there to help him with this.

It’s important to realize that the decision to testify at one’s own trial can be a double-edged sword. If Justin decides to testify in his own defense, he will have to submit to cross-examination by the Crown prosecutor and answer all her questions. These questions will no doubt be aimed at undermining the adolescent’s credibility. The cross-examination allows the judge to evaluate the believability of Justin’s version of the facts.

If an adolescent chooses not to testify at his trial, the judge cannot conclude from this that he must be guilty. But if the youth does testify, then the Crown prosecutor is free to cross-examine him to highlight any contradictions in his testimony and raise doubts as to his credibility.

What is the purpose of the pleadings?

This is usually the part of the trial we see on TV and in the movies – often, we’ll see lawyers giving eloquent speeches in order to convince the judge of the guilt or innocence of the accused. But it’s not always so glamourous. In reality, the lawyers do more than simply summarize the evidence they presented. They highlight what are called “points of law” and mention cases from higher courts that dealt with similar issues. Each lawyer aims to update the judge on the current state of the law and to emphasize how it supports his case.

At the end of this process, the judge will usually be ready to make his decision on the guilt or innocence of the adolescent. If so, he renders his verdict.

What is a verdict?

This is the final step of the trial. Without a doubt, it’s the most important step from the adolescent’s point of view. This is the moment when the judge renders his final decision on the adolescent’s guilt or innocence. When the judge is delivering the verdict, no one else has the right to speak.

The judge does not base his decision on a gut feeling or unfounded theories. He has to carefully consider everyone’s testimony and base his decision on the evidence that each lawyer presented to him.

After considering the evidence, if the judge has a reasonable doubt about the adolescent’s guilt, his verdict will be an acquittal (this means “not guilty”). On the other hand, if the judge is convinced beyond a reasonable doubt that the accused committed the crime, the verdict will be guilty. This means that the judge must put aside any sympathy that he may have for the adolescent. As you can imagine, the judge’s job is not always easy and it requires him to act with the utmost honesty.

Are the trials that we see on TV similar to what happens in Quebec courts?

A trial is basically an investigation that takes place before a judge, with the goal of discovering the truth about a past event. Because the outcome of a trial can be very serious for an adolescent (a possible guilty verdict), the whole process is governed by strict rules. In fact, when they are facing criminal charges, adolescents benefit from more legal protection than adults do. Therefore, you can’t really compare real trials to what you see on TV, particularly since many shows are set in the United States. Even if there are some similarities, one must keep in mind that American law is not the same as Canadian law.

Sure, cross-examination can occasionally be quite exciting, perhaps even theatrical. Unlike what you see on TV, though, entertainment is not the main goal! In fact, the best lawyers are not necessarily the most flamboyant ones.

Do lawyers have to follow certain rules at youth court?

Just like in criminal court for adults, lawyers who plead before youth court must follow all the rules imposed on them by the Canada Evidence Act. Their questions must be pertinent and relate to the charges. Otherwise, the judge may not allow them, even if the other side has not objected to the questions.

These rules are not meant to just complicate things. When the freedom of an adolescent (or any other person) is in question, nothing can be left to chance, so many strict rules have to be followed. This is why it can be really hard to follow when lawyers are debating an issue! They have to respect a lot of different rules, but in general, this ensures that every accused individual is treated fairly.

1. Côtécour - Chambre de la jeunesse