Prosecuting and Defending Youth Criminal Justice Cases, 3rd edition
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Prosecuting and Defending Youth Criminal Justice Cases, 3rd Edition

Brock Jones, Sarah Leece, Mary Birdsell, Emma Rhodes
General Editor(s): Brian H. Greenspan, Vincenzo Rondinelli
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There are many procedural and ethical considerations that practitioners need to be aware of when working on a criminal case involving youth, especially when the young persons involved are from vulnerable populations that require special care. Prosecuting and Defending Youth Criminal Justice Cases provides practical commentary and analysis alongside updated policy, case law, and legislation in order to guide readers through a youth criminal justice case from beginning to end.

The third edition's chapters on bail, youth records and privacy, sentencing, and youth trials have been updated to include new information on the treatment of youth in the welfare system, adult sentencing applications, court remedies surrounding privacy violations, unreasonable delay in court proceedings, the admissibility of youth statements, and more. This text also explores the ways in which landmark decisions such as R v TJM, R v KJM, and R v Joseph will impact future youth criminal justice cases from both crown and defence perspectives. 

Apart from this new content, readers can rely on the text’s valuable checklists, charts, precedents, and advice to assist them through procedures and issues surrounding interviewing clients, arrest and bail matters, trials, and sentencing. This incredibly comprehensive and balanced resource will enhance the practice of lawyers, judges, and other legal professionals who interact with the youth criminal justice system.

Prosecuting and Defending Youth Criminal Justice Cases has recently been cited by the Supreme Court of Canada in the R. v. K.J.M. case. For full details, click here

This text is Volume 1 in Emond’s Criminal Law Series.

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  • ISBN/ISSN: 978-1-77462-535-4
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ISBN
978-1-77462-535-4
Page Count
568
Publisher
Emond Publishing
Publication Date
October 2023
Status
Available
Subjects
Criminal Law and Procedure; Criminal Law Series; Youth and the Law
Tags
Practice Canadian Law

  • Foreword by The Honorable Wayne Gorman, Provincial Court of Newfoundland and Labrador.
  • Practice advice from Crown, defence, and policy perspectives.
  • Updates to sentencing chapter, including mandatory minimum sentences, deferred custody and supervision orders, adult sentencing applications, IRCS, sentencing, and treatment of Indigenous and racialized young persons.
  • Updates regarding bail, youth records and privacy, the admissibility of youth statements, and more.
  • Updates on the the application and development of Charter rights for young persons, including new discussion of excessive delay in youth court proceedings.
  • Discussion on applications to access youth records, including R v Michael Browne, 2023 OCJ 431.
  • Coverage of the Cannabis Act and how it impacts young persons.
  • Features discussion of the landmark decisions of R v Jarvis, a decision in which author Brock Jones was cited.
  • Analysis of new and important cases in this edition include:
    • R. v. K.J.M., 2019 SCC 55 
    • R. v. T.J.M., 2021 SCC 6
    • R. v. Hills, 2023 SCC 2
    • ​R v LTN, 2021 SKCA 73
    • R v WM, 2021 SKCA 103
    • R v Joseph, 2020 ONCA 73
    • R v RM, 2020 ONCA 231
    • R v Owusu, 2021 ONCA 417
    • R v J.Z, 2021 ONCA 817 
    • R v Desir, 2021 ONCA 486
    • R v RS, 2022 ONCA 123 
    • R v MAC, 2022 NSCA 4 ​
    • LSJPA-2117, 2021 QCCA 1576
    • R v Fogah Pierre, 2023 ONSC 2716

Chapter 1: The Principles and Philosophy of the Youth Criminal Justice Act
Chapter 2: Arrest, Detention, and Questioning of Young Persons
Chapter 3: Representing a Young Person
Chapter 4: Jurisdiction of the Youth Justice Court
Chapter 5: Bail Hearings
Chapter 6: Extrajudicial Measures
Chapter 7: Negotiations with the Crown
Chapter 8: Judicial Pre-Trials
Chapter 9: The Trial
Chapter 10: Sentencing
Chapter 11: Post-Finding of Guilt Considerations
Chapter 12: Privacy Rights, Publication Bans, and Youth Records
Chapter 13: Repercussions in the Education System
Chapter 14: Youth Involved in the Child Welfare and Criminal Justice Systems

Appendix A: Unintended Consequences? The Cannabis Act’s Impact on Youth
Appendix B: Youth Criminal Justice Act
Appendix C: Cannabis Act

On November 15th, 2019, the Supreme Court of Canada has cited Prosecuting and Defending Youth Criminal Justice Cases, 2nd Edition in the R. v. K.J.M. case. See sections 86 and 134 of the Federal Court document here.

Chapter 1: The Principles and Philosophy of the Youth Criminal Justice Act

“The use of this book by judges and counsel will provide both with answers to questions that have to be provided immediately as well as those questions which require significant consideration. I look forward to using it and to its regular utilization and citation by counsel. I highly recommend it to counsel and judges who are attempting to apply the Youth Criminal Justice Act.”

—The Honourable Wayne Gorman
Provincial Court of Newfoundland and Labrador




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