criminalappeals

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  The   Youth Criminal Justice Act,  or the   YCJA ,   is the legislation that governs the youth criminal justice system in Canada. The   YCJA  applies to young persons over the age of 12 and under the age of 18 who are facing criminal charges. This includes individuals who are now over the age of 18 but were underage when they were alleged to have committed a criminal offence. The   YCJA  is distinct from the   Criminal Code,  and its processes and goals are different as well.   The  YCJA  recognizes that all members of society share the responsibility of guiding young persons into adulthood, which includes addressing the underlying issues that lead young persons to commit criminal offences. The goals of the  YCJA  are to provide guidance and support to young people who are at risk of committing crimes, as opposed to simply punishing them for their conduct. The  YCJA  accomplishes this by: (a) h...

  Bail, also called ‘judicial interim release’, is governed by section 515 of the   Criminal Code  and section 11(e) of the   Canadian Charter of Rights and Freedoms.  Section 515(1) of the   Code  and section 11(e) the   Charter  both ensure that everyone is granted reasonable bail unless there is a good reason not to. This means that the default (or presumptive) position is that individuals are granted bail with no conditions.   In a typical bail hearing, the burden is on the Crown to justify why someone should not get bail. Further, the Crown must justify why any additional conditions placed on a person who is granted bail are necessary and reasonable. There are some exceptions to this principle, which include when individuals are charged with offences under section 469 of the  Criminal Code  (e.g., murder) or when they have previously been granted released and are alleged to have breached a condition of that release. All ...

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