Criminal law

Youth Court

What is the role of the defense lawyer?

Regardless of whether the accused is an adult or an adolescent, criminal law is made up of many complex rules. It’s easy to feel confused by it all! That’s why adolescents facing criminal charges usually choose to be represented by a legal professional. This lawyer acts on their behalf and prepares their defense.

It’s the defense lawyer’s duty to explain to his client the nature of the charges against him, the strengh of the prosecution’s evidence, and what can be expected if he is found guilty. All of this information allows the accused to make an informed choice regarding the options that are available to him. Also, in order to try to get the charges against his client dropped, the defense lawyer has to consider suggesting extrajudicial measures when he negotiates with the Crown prosecutor.

In Justin’s case, the Crown prosecutor decides to send the matter to trial, rather than offering alternative measures. Justin’s lawyer, Mr. Lacasse, thinks that the adolescent may have a defense to the charges. He suggests that Justin plead self-defense, since he didn’t throw the first punch and was simply trying to defend himself against the other person’s attack on him. The lawyer asks the court to schedule a trial date so that he can tell his young client’s side of the story.

What’s so special about a youth court defense lawyer?

In Quebec, it’s the Court of Quebec, Youth Division that acts as the youth court.
The law that applies to adolescents is based on a youth-oriented philosophy and it’s made up of special rules - so it’s important that the defense lawyer know the law inside out. For example, he must ensure that his client’s rights were respected if he made a statement to the police. The lawyer must also make sure that the adolescent was allowed to communicate with his parents and contact a lawyer before answering the investigator’s questions. He must also ensure that the adolescent’s parents and lawyer were allowed to accompany him during questioning.

When he reads the police report, Mr. Lacasse discovers that the police did not allow the adolescent’s mother to accompany her son when they took his statement. Also, Justin made his statement before his lawyer arrived. Mr. Lacasse tells Justin that his statement might be considered inadmissible, since he had not waived, in writing, his right to speak to his lawyer before making his statement. Without a doubt, Justin is glad to have someone around who knows so much about his rights!

Does the adolescent’s lawyer also act as his parents’ lawyer?

When charges are laid against an adolescent, the parents usually become very involved in their child’s case. This sometimes makes it difficult for the defense lawyer to distinguish between the interests of his client and those of the family.

But it’s important to remember that the adolescent’s lawyer does not represent the mother or father. The lawyer is bound by the rule of professional confidentiality, even if his client is a minor. So it would be out of the question for the lawyer to tell the parents about confidential issues, particularly if this would jeopardize the youth’s right to a fair trial.

This morning, Justin is furious. His mother wants him to plead guilty, because he disobeyed her rule forbidding him from hanging out in bars. After all, he is a minor. Luckily, Justin’s lawyer convinces her that her son has a good defense and that the punishment she wants imposed on her son is too severe given his circumstances.

Can a lawyer refuse to defend an adolescent?

Yes, a lawyer is never obliged to accept a mandate, and in certain cases, he may even have a duty to refuse one. For example, let’s say that the adolescent’s lawyer also represents his parents and their interests are different from that of their child. The lawyer would have to refuse to represent the adolescent, as he would be in a conflict of interest situation. In such a case, the law provides that the judge can order that the adolescent be represented by a lawyer who doesn’t have any ties with his mother or father.

The lawyer would also be in a conflict of interest if he had already represented the victim of the offence in a prior case.

The general rule is straightforward: the lawyer must be able to act independently in his client’s defense, without any conflict of interest. This is simply a question of respecting a citizen’s rights, as well as a matter of professional ethics. However, the lawyer’s personal opinion about his client’s guilt does not prevent him from representing the adolescent.

How does the lawyer defend his young client?

Many people believe that the lawyer’s role is limited to pleading his client’s innocence before the court. However, in reality, he does much more.

One of the key roles of the defense lawyer is to negotiate with the Crown prosecutor to reduce the severity of charges against his client. Depending on the strengths and weaknesses of the Crown’s evidence, the defense lawyer can sometimes avoid a trial for his client. He might even succeed in getting part or all of the charges dropped.

This is exactly what happens in Justin’s case today. During a meeting with the Crown prosecutor, the adolescent’s lawyer convinces her that Justin was acting in self-defence. The Crown is now ready to drop the charges related to the fight, but will go forward with the drug possession charges.

1. Texte de la loi
2. Aide juridique jeunesse de Montréal