Due Process for All. Except Youth.
- Details
- Published on Sunday, 29 November -0001 16:00
- Written by editor
Dear Friend,
Imagine. You are a youth in the criminal justice system. You were found guilty of a crime. You think your trial was unfair, and you want to appeal your case to the Supreme Court of Canada. However, the Court has decided not to hear your case.
While adults have an automatic right to appeal to the Supreme Court in many criminal cases, you must get the Court’s permission in order to even have your appeal heard. All because of your age.
This is the reality for young people in the criminal justice system. The Youth Criminal Justice Act denies young people the automatic right to appeal their case to the Supreme Court of Canada.
If a young person wants the highest court in the country to review a finding of guilt, section 37(10) of the Youth Criminal Justice Act says they must first... get the Court’s permission for their case to be heard.
In November 2020, the BCCLA intervened in a case in which one young person went all the way to the Supreme Court of Canada to challenge the constitutionality of this section. We argued that this law was unconstitutional because it is procedurally unfair, arbitrary, and overbroad. We told the Court that young people are entitled to robust procedural protections because of their vulnerability.
Unfortunately, last year, the Supreme Court decided to uphold the constitutionality of section 37(10) because it ensured court proceedings could be over quickly and would prevent “unnecessary delay.” One Supreme Court judge, Justice Abella, wrote a scathing dissent, co-signed by Justice Karakatsanis and Justice Martin. She concluded that section 37(10) violated the Charter right to equality, stating “[t]here is no justification for a speedy resolution if the resolution is based on an unfair trial.”
Learn more about the Supreme Court decision and the BCCLA’s intervention and response.
The BCCLA was very disappointed by this decision and hopes Parliament will amend the Youth Criminal Justice Act to grant youth the same appeal rights that are available to adults.
Advocating for youth and educating them about their rights is an important part of the BCCLA’s work. Your support makes it possible for us to continue fighting. Thank you for being by our side.
Sincerely,
Jessica Magonet (she/her)
Staff Counsel, Litigation
