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Serious Assault (Youth) Laws in Canada

Youth Criminal Justice Act

Understanding the Consequences of Serious Assault for Youth

If you have been charged with a crime in Ottawa, you should consult with a criminal defence lawyer in your area

Insights from Ottawa Lawyer, Céline Dostaler

Steps for Parents with Assault Charges

As a parent, taking quick action is important when your child is charged with assault. Hiring a criminal lawyer and ensuring your child follows their advice, such as attending counselling and performing community service, is crucial. Keeping the peace and avoiding any breach of release conditions, attending school or extracurricular activities in a disciplined manner, and being of good behaviour can also help the case. If the child follows instructions and stays out of trouble, they stand a greater chance of having the charges dropped. However, the situation will only worsen if they continue to disobey and engage in misbehaviour. With proper rehabilitation, following instructions, and making amends, a criminal record can often be avoided in assault cases with no significant injury.

Serious Assault (Youth) in Ottawa, Ontario - Glossary of Terms

Glossary of Legal Terms

Crown prosecutor

Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.

Extrajudicial measures

Proceedings outside the formal court process. Examples include police warnings, referrals to community programs and Crown cautions. Extrajudicial measures are seen as an effective response to less serious youth crime.

Indictable offence

Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.

Mens rea

Mens rea refers to having criminal intent, knowledge, or recklessness since the person is aware of their misconduct. The literal translation from Latin is "guilty mind." The Crown needs to show that the accused had mens rea to win a conviction. 

Reasonable doubt

The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."

Summary conviction

Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.

Serious Assault (Youth) in Ottawa, Ontario - Tagged With:
Tagged With: Youth Criminal Justice
Serious Assault (Youth) in Ottawa, Ontario - Tagged With:
Code Citations: s.491 , s.268 , s.109 , s.267 , s.265