Understanding the Juvenile Justice Approach in Youth Assault Cases in Surrey, BC

The approach to juvenile justice in British Columbia is the same as it is in other provinces and territories. The Youth Criminal Justice Act (YCJA) is the federal law which governs the juvenile justice sytem. Since youth justice is defined by federal law, the application of it should be the same in all parts of Canada—in theory anyway. That means that if a youth is accused of assault in Surrey, BC, what happens next would and should be the same in any city in Canada. 

General

In general, the juvenile justice system in Canada is designed to handle youths between the ages of 12 and 17 differently than adults are handled. The idea behind the legislation is that children are not adults and should not be treated as such. Listed below are some of the concepts that apply to juvenile justice in Canada.

That child criminals should not be housed with adults.

That child criminals should be given opportunities to mend their ways and reenter the culture as productive members of society.

That children do not have the maturity to understand the ramifications of adult criminal behaviour.

That children must be respected with regards to gender, ethnic, language, and cultural differences.

That children cannot be punished in the same way that adults are (following a guilty verdict.)

The main takeaway here is that children are not adults and cannot be treated as such. While it is possible that a child can be given an adult sentence, this is very rare in Canada.

In the case of our example of a child being accused of assault in Surrey, BC, what happens next will depend in large part on the specific facts of the crime. For example, was someone injured? Injured grievously? Was the assault on a police officer? What kind of assault was it? Was it a sexual assault?

Our advice here is the same as always. If your child has been accused of a crime, hire a criminal lawyer as soon as possible, one with experienced defending children. Do not let your child make any statements to the police without first speaking to your lawyer. 

If you are in Surrey, BC, and you have been accused of assault, hire a criminal defence lawyer without delay. You are welcome to call Gagan Nahal for a free legal consultation at (604) 527-4769. 

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.