Young Offender Criminal Defence Lawyer Youth Criminal Justice Act

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Blog by Everstone Law Professional Corporation

When it comes to the field of criminal law, it is always important to stay up to date on recent case law. This is important as there are always new developments in this area of practice which can change how current issues have been decided and how substantive laws have been interpreted.

Recently, Supreme Court of Canada released a decision R. v. K.J.M., 2019 SCC 55. This is a very important decision. Prior to the release of this judgement, it was unclear whether the 11(b) of the Canadian Charter of Rights and Freedom (“Canadian Charter”) applied to criminal cases in youth court. Section 11(b) of the Canadian Charter reads “Any person charged with an offence has the right: to be tried within a reasonable time”.

The very important decision of R v Jordan 2016 SCC 27 (“Jordan”) interpreted section 11(b) of the Canadian Charter. In Jordan, the court laid out guidelines and rules with respect to what constitutes a reasonable time when a matter is either in Ontario Court of Justice or Superior Court of Justice. However, the Jordan guidelines were in the context of criminal procedures concerning adults charged in criminal courts.

When the opportunity came to address delay in the context of youth proceedings, the Supreme Court of Canada decided they should clarify this issue. In R. v. K.J.M., 2019 SCC 55, the Supreme Court of Canada concluded that the same time limits articulated in Jordan, also apply to youth criminal matters and provided discussion with respect to its application to young offenders.

If you are charged with an offence and you are young offender, call Youth Criminal Defence Lawyer today at (905) 230-4529 for your consultation! As a Criminal Defence Lawyer, I will review your case and ensure that the best possible outcome can be obtained based on the facts of your case. It is important that your matter is tried within a reasonable time.

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