Considerations for Assault Cases Involving Minors in BC

When we talk about considerations regarding assault cases involving minors in British Columbia, there is a big difference between whether we are talking about the accused being a minor, or the accuser being a minor or both.

Accuser Is a Minor

When the accuser or victim is a minor, this spells trouble for the accused. The Crown will try to lay as many charges as possible on the accused, and there are many extra charges available when the victim is a minor.

Prosecutors will be more determined to prosecute, and if found guilty the penalties will likely be more serious when a minor is the victim. In Canada, whether we are talking about BC or other provinces or territories, crimes against children are considered especially heinous.

That said, minors do not always make the best witnesses, and they may not want to testify anyway. Parents may not want a child to testify. This can get very complicated.

Accused Is a Minor

When the accused is a minor, then there are other complications. Across Canada—and in BC—minors are treated differently than adults in the criminal justice system. The Youth Criminal Justice Act uses the provincial court as the Youth Court.

The purpose of the YCJA is to recognize that children are different than adults and do not have the same cognitive ability or maturity of an adult. As a result, the penalties are considerably lower with very few exceptions.

It is possible for a youth to be charged as an adult in Canada for serious and violent crimes, if the youth is 14 or older, however it is very rare. This is unlike the US where youths are often charged as adults depending on the state where the crime took place.

When both the accused and the accuser are youths, then the complications multiply. A complete treatment of this situation is well beyond the scope of this short article.

If you find yourself accused of assault against a minor or an adult in BC, our best advice remains the same. Hire a criminal lawyer as soon as possible. If you cannot afford one, then one will be assigned to you. Do not make any statements to the police until you have first spoken to your lawyer.

If you have been charged with Assault, whether you are an adult or a youth, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.