Criminal law

The Trial

Is an adolescent’s trial public?

Yes, hearings in youth court are public. This means that anyone can attend the various stages of the court process, including the initial appearance in court when the person accused of breaking the law pleads guilty or not guilty, the trial and even the part when the judge delivers a sentence.

But in exceptional circumstances, the judge can make certain people leave the courtroom. Even people who are called as witnesses can be asked to leave the room until it’s their turn to testify. The court can also ask a witness to leave after he has testified.

Who can be refused access to an adolescent’s trial?

The judge can ask certain people to leave the courtroom if she thinks their presence will negatively affect the young person. However, the judge can only do this if the person’s presence is not necessary for the proceedings.

For example, the judge can ask a police officer or a group of the accused’s friends to leave if she thinks their presence is unnecessary and is likely to cause a disturbance, upset the young person or interfere with the proceedings. This rules applies whether the young person is the accused, a victim or a witness.

Also, if people interrupt or interfere with the proceedings (for example, by shouting in the courtroom), they can be removed. This doesn’t happen often though, as people generally behave respectfully in court.

Can the parents of the accused be excluded from the courtroom?

In most situations, the accused’s parents cannot be excluded from the courtroom because their presence is important to the young person.

If for some reason the parents don't attend, the judge can check whether they have been notified about the proceedings and ask why they are absent. The judge can also temporarily stop the proceedings until the parents are present.

If the court finds the young person guilty, a hearing is held to determine the adolescent’s sentence (a punishment for breaking the law). During this hearing, reports with personal information about the young person are often presented to the judge to help her make an appropriate decision.

Sometimes parents don’t know certain things about their child. If it is in the adolescent’s best interest, the judge can exclude the parents from the hearing so that they don’t hear the contents of the reports.

Does the adolescent have to be present during the proceedings?

Yes. Her presence is required throughout the proceedings, with some exceptions.

Returning to our example, if charges are brought against Veronica, she will have to appear in court to respond to them.

Can the media reveal the identity of an adolescent charged with breaking the law?

No. To increase the chances that a young person in conflict with the law will reintegrate successfully into society, the media is not allowed to release her name or any other information that could identify her. Whenever a case involving an adolescent is discussed, only her initials can be used (and not her first name or family name).

But the media are allowed to describe the facts that led to the young person being charged and the court proceedings.

This rule protects the anonymity of the young person, so that her reputation isn’t ruined for the rest of her life. Again, this increases the chances she will successfully reintegrate into society once her experience with the criminal justice system is over.

In exceptional cases, the young person’s identity can be revealed:

• When there is reason to believe the adolescent is dangerous and releasing her name could help the police find her
  
• When an adult sentence has been imposed on an adolescent
  
• In some cases in which the Crown prosecutor (the lawyer who brings criminal cases to court) asked for an adult sentence, but the young person received an adolescent sentence instead
  
• If the young person requests it and publication is not contrary to the best interests of the young person or the public

The names of victims and witnesses who are under 18 also cannot be disclosed by the media. (Victims and witnesses are free to talk to the media about their experience after they turn 18.)

What happens if someone breaks the law by releasing an adolescent's name?

There are serious penalties for not respecting the privacy of a young person in trouble with the law: it is a criminal offence to release her name.

So Veronica doesn’t have to worry. Even if the media covers the story about the alleged assault, chances are they won’t take the risk of revealing her identity.

Is a youth court record confidential?

Yes. As soon as an adolescent is suspected of committing a crime and the case is brought before the court, a file is opened. The file is called a youth court record. To protect the young person’s privacy, access to this record is very limited.

The adolescent’s lawyer, the police, the Crown prosecutor and the judge can consult the file. Of course, the adolescent can also consult it.

In certain circumstances, other people, such as the victim and the accused’s parents, can also consult the youth court record. Veronica’s classmates won’t have access to her court record.

But if an adolescent is given an adult sentence, the file is no longer confidential.

To know more about the court record and other files created when there are accusations against an adolescent, consult the Infosheet: The Consequences of a Youth Record

Can information about an offence committed by a young person be given to her school?

Generally, no, since confidentiality is the rule when it comes to information about a young offender.

Only in rare cases can information be given to the school, the school board, or any other training institution the adolescent attends. Releasing this information is only allowed to:

• Ensure that the adolescent respects the court’s orders
  
• Ensure the security of school staff and students (For example, if the testimony of an expert witness convinces the court that the adolescent is a violent and impulsive person who is a threat to others, it would be important to inform the school of this situation.)
  
• Help rehabilitate the young person

1. Texte de la loi
2. Commissaire à la protection de la vie privée du Canada