Criminal law

The Trial

Can adolescents choose to be tried by a jury?

Yes, in the following situations:

• If the adolescent is aged 16 years or older and is accused of one of the following designated offences: murder, attempted murder, homicide, aggravated sexual assault, or repeated serious violent offences;
  
  
• If the adolescent is aged 14 years or older and is not accused of a designated offence. In this case, the Crown prosecutor must also inform the court that she will seek an adult sentence if the youth is found guilty;
  
  
• If the adolescent is less than 16 years of age and is accused of committing first- or second-degree murder.

Are there different types of trials?

Yes, there are three types of trials, namely:

• A trial by jury after a preliminary inquiry;
  
• A trial without a jury after a preliminary inquiry;
  
• A trial without a jury and without a preliminary inquiry.

The trial type is chosen during the youth’s appearance in court, before he enters his plea. The judge asks the adolescent to make his choice, taking into consideration the following: the choice of trial format, in certain instances, can be changed once the proceedings have started. However, the Crown prosecutor can demand that the adolescent be tried by a judge and jury regardless of what the youth has chosen.

What is a preliminary inquiry?

A preliminary inquiry is an appearance that takes place in youth court prior to the trial. The goal is not to determine the adolescent’s guilt or innocence. Rather, the judge’s basic task is to determine whether the evidence against the adolescent is sufficient to justify a trial. During the hearing, the Crown prosecutor’s witnesses are heard and other evidence against the adolescent is submitted. At this time, the defense can also explore the evidence that supports the charges – for example, he can cross-examine the Crown prosecutor’s witnesses.

When the Crown has presented all of its evidence, the accused can have his witnesses heard. Although he has the right to testify at the preliminary inquiry, the accused rarely does so at this time.

At the end of the inquiry, the judge decides whether there is enough evidence to justify having a trial. The judge will also determine exactly what offence, if any, has been committed. Her ruling will be used to prepare an indictment (a document that describes the precise charges against the adolescent and which forms the basis of the trial). If the judge thinks the evidence is insufficient, she will release the adolescent and end all legal proceedings against him.

What is a trial by jury?

A trial by jury is quite similar to a trial without a jury in terms of how it unfolds. Consult the Infosheet entitled A trial before the Youth Court for more information. The special feature of a trial by jury is the presence of twelve jurors. Jurors are chosen from the electoral list. They must be Canadian citizens and at least 18 years of age.

The jury actually takes over part of the judge’s job! The jury has to determine whether the evidence proves the guilt of the accused. The judge basically plays the role of referee: she rules on objections, decides which legal rules apply, and gives the jury a crash course on relevant laws before they make their decision.

The jury’s decision is called a verdict. After hearing all the evidence, the twelve jurors go off to a room in the courthouse to consider and discuss the verdict they have to render. This is called deliberation. The jurors will only be released once deliberation has ended and they all agree on a verdict. This verdict will become the court’s decision. It will then be up to the judge to impose a sentence on the youth if he is found guilty.