This written permission may be granted on the condition that a certain sum of money is paid to guarantee that the accused appears in court.

At a bail hearing or arraignment, the Crown – a government lawyer appointed to prosecute the accused – reads the police synopsis detailing the allegations to the court. A witness or witnesses attend the hearing to testify. Often, the police officer in charge of the investigation is the witness. Once the Crown presents the allegations, the duty counsel or the lawyer of the accused will present the court with evidence. When the evidence has been presented, the judge or justice of peace arrives at a final decision to either release the accused on bail or retain them in jail until the trial or until another outcome transpires – dropped charges or a guilty plea.

Bail hearings are pursued by police and the Crown after they have considered the following:
∙Does the accused pose a risk of fleeing the jurisdiction or failing to attend court?
∙Does the accused pose a risk to the safety of the public, including any victim or witness to the offence?
∙Is there a substantial likelihood that the accused will commit another crime or interfere with the administration of justice while on bail?
∙Is the nature and circumstances of the offence such that denial of bail is necessary to maintain the public’s confidence in the administration of justice?

Bail hearings are required for most criminal charges although the process varies depending on the type and severity of the criminal charges.

A surety is a person in whose care the accused has been or might potentially be released to on bail. The surety promises the judge or the justice of peace that they will supervise the accused should the accused be released on bail and also pledges a certain amount to facilitate the accused’s release.

Upon arrest, you are afforded certain constitutional rights by the Canadian Charter of Rights and Freedoms. These are in place to protect your interests if you are suspected of committing a crime and are in police custody. Accordingly, in such case you reserve the right to:
∙Remain silent upon police questioning
∙Be informed about the reason for your arrest and detention
∙Be informed that you may choose a lawyer – either court appointed or otherwise
∙Be informed about the availability of legal aid
∙Speak with your lawyer immediately

Prior to deciding whether or not to bring the accused to bail court, the police look for exonerating factors that could warrant a release instead. The factors are as such: the severity of the charge, whether or not the accused has a preexisting criminal record or if there are other charges against the accused at the time of their arrest.

No more than 24 hours must elapse from the time of the arrest to the initial hearing.

Should the accused be declined bail by the judge or justice of peace at the initial hearing, they do have the ability to appeal the decision.

During a bail appeal hearing, the criminal defense lawyer and the accused have to convince the judge that an error was made by the lower court judge during the initial hearing while making the decision to refuse bail.

If the outcome of the initial hearing is in favour of the accused, they will be released from custody and be free to live and operate in society until the case goes to trial or is settled in some other way. However, the accused will still be subject to all the bail conditions stipulated during the hearing.

Preparing for a bail review involves collecting appropriate materials and can take anywhere between 3-5 weeks before presenting them to the superior court judge of the reviewing court.

It is likely that the accused may have to wait as long as 6 months to 1.5 years for the trial.

It is always in the accused’s best interest to get a favorable decision at the initial bail hearing itself in order to ensure a speedier release. This is why a competent and efficient criminal defense lawyer is very crucial, given the sensitive nature of the situation.

If you believe that you were wrongfully convicted or received an unfair sentence, you can seek to appeal your trial judge’s findings but to do so, you must serve and file a Notice of Appeal within 30 days after your trial ends.

If the Crown proceeds by summary conviction, then your appeal will be heard in the Summary Conviction Appeals Court in the same city or jurisdiction where your trial took place. If the Crown proceeds by indictment or if you are appealing against a judgment of the Summary Conviction Appeals Court, then your appeal will be heard in Court of Appeal for Ontario in Toronto. All appeals from the Court of Appeal are heard in the Supreme Court of Canada in Ottawa.

No. Your appeal will be heard by a judge or judges from a higher court who will decide your appeal based solely on the materials and submission made before them. The judge or judges who decide your appeal will NOT consult with the judge who conducted your trial.

Your criminal appeals lawyer in Toronto will advise you on the strength of your appeal, and recommend whether or not it is worth pursuing. Appeals can be difficult and sometimes are not worth your time or expense. However, cases do arise where very valid points can be raised. Judges can make mistakes with convictions and sentencing, and in these cases, you can win.

Appeals can only be filed under certain conditions. Being of the opinion that your judge made a mistake or had some kind of bias against you is not enough. Your Toronto appeals lawyer will tell you that you can only challenge your conviction and/or sentence where the judge has erred in law, misapprehended the facts or committed an error based on mixed law and fact. Your appellate lawyer will give you further information about whether or not you have a valid basis for an appeal.

If your license has been suspended or a jail sentence has been given, you can file a request with the appeal court to suspend the original punishment. Your appeals lawyer in Toronto will make this request for you.

You will play a very passive role at your appeal hearing. No testimony will be heard, either from you or from prior witnesses. Transcripts of the trial and evidence will be used instead. Your appellate lawyer in Toronto will present the reasons why the case is being appealed.

Canada outlines a wide range of drug and controlled-substance related offences in the Criminal Code and the Controlled Drugs and Substances Act; these include relatively minor marijuana possession charges as well as very serious crimes such as large-scale cocaine importation. The following are the types of drug-related charges:
∙ Drug possession
∙ Drug trafficking/distribution
∙ Drug manufacturing/production
∙ Drug importing/exporting

Incarceration periods are very disruptive to personal relationships and job stability, but other problems persist even after your sentence has been served. Drug-related charges can limit your mobility by increasing the scrutiny you face at the border; if convicted, you will be barred entirely from entering some parts of the world. Additionally, you may face difficulties with security clearances from your work.

Drivers suspected of driving while under the influence of a drug will be subject to a $180 fine on their first charge and an immediate 3-day license suspension. Second time offenders will be subject to the same fine and an immediate 7-day license suspension. For a third or subsequent occurrence, you will be subject to the same fine plus an immediate 30-day licence suspension.

If you are charged with two or more drug-impaired driving charges within the last 10 years, you will be required to complete a mandatory education course or a treatment program and forced to install an ignition interlock system in your vehicle.

Erickson Law is fluent in all manner of defences for drug-related charges. We will work together to review of your unique charges, arrest, and personal circumstances to decide which defense is best for you. The approach we choose will be customized to your conditions to give you the best chance of success, and may include any of the following:
∙ Ensuring that your rights were not violated during the search and seizure
∙ Challenging the treatment and handling of any physical evidence
∙ Challenging the prosecution to prove that the drug is a controlled substance as defined in the Criminal Code
∙ Challenging the prosecution to affirm proof of ownership, knowledge, possession, or control of drugs beyond any reasonable doubt
∙ Challenging the prosecution to prove “necessary intent;” that is, to prove that the accused had the requisite intent to commit the crime in question

Robbery is stealing from a person using violence or threats of violence. The Canadian Criminal Code outlines 4 ways a Robbery may be committed:
∙ Stealing while using violence or threats of violence to take or extort the property
∙ Stealing and, either immediately before or after taking the property, either wounding, striking, beating or otherwise using violence against the person
∙ Assaulting any person with the intent to steal
∙ Stealing from a person while being armed with a weapon or an imitation of a weapon

In robbery cases, prosecutors will consider:
∙ Was a weapon used?
∙ Was the victim or a bystander injured or killed?
∙ Was the victim a vulnerable person such as a taxi driver, a bank teller, a gas station attendant or working at a convenience store or jewellery store?
∙ What was robbery committed near a school, community centre or other vulnerable area?

A robbery conviction can have a considerable impact on your future. You could face imprisonment and be burdened with a restrictive criminal record. These repercussions are severe, and reflect the importance of finding a qualified criminal defence lawyer in Toronto if you are facing allegations of robbery or theft.

If your ability to drive has been altered in any way, you may be considered to be driving while impaired. This can be caused by alcohol, drugs, lack of sleep, or certain medications. “Impaired” can refer to your change in judgment, slower reaction time, or clear signs of intoxication from alcohol or other substances.

DUI/Impaired driving charges include:
∙ Driving while intoxicated or driving while impaired (DWI)
∙ Driving while Ability Impaired (DWAI)
∙ Operating while Impaired (OWI)
∙ Driving under the influence (DUI)
∙ Refusing to provide a breath sample
∙ Failing to provide a breath sample
∙ Refused breathalyzer test
∙ Dangerous driving
∙ Impaired operation causing bodily harm
∙ Impaired operation causing death
∙ Over 80

Driving while intoxicated or impaired can refer to driving a motor vehicle while under the influence of any mind-altering substance or state. This includes alcohol, prescription and illegal drugs, or even driving while suffering from sleep deprivation. These two phrases mean essentially the same thing and are very common ways of describing impaired driving charges.

Driving while ability impaired, otherwise known as DWAI, refers to driving a motor vehicle while your ability to drive has been impaired. The impairment can be caused by alcohol, and/or drugs (prescription and otherwise). Charges may differ based on the level of impairment and the substance ingested.

Operating while impaired (OWI) is similar to the two previous terms. Some countries, states, or provinces use this term instead of another. However, it differs in the sense that it specifies that motor controls of the driver have been negatively affected by their impairment.

Driving under the influence refers to driving a motor vehicle while under the influence of any mind-altering substance or state. This includes alcohol, prescription and illegal drugs, or even driving while suffering from sleep deprivation.

Over 80 refers to when you have over 80 milligrams of alcohol per 100 milliliters of blood. Driving while intoxicated or impaired can refer to driving a motor vehicle while under the influence of any mind-altering substance or state. This includes alcohol, prescription and illegal drugs, or even driving while suffering from sleep deprivation.

A dangerous driving charge typically results in a criminal record in Ontario and a year-long license suspension for first-time offenders. If this is not your first dangerous driving offence, your suspension time will likely be longer.

An admission of guilt, physical symptoms, video footage, or an “over 80” breathalyzer result will be considered proof of a DUI.

It is a criminal offence to operate a motor vehicle in Canada while your ability to operate it is impaired by alcohol or a drug or while your blood­ alcohol concentration (BAC) is more than 80 mg of alcohol per 100 mL of blood.

It is also a criminal offence to be “care or control“ of motor vehicle while your ability to operate it is impaired by alcohol or a drug or while your BAC is more than 80 mg of alcohol per 100 mL of blood. In other words, you can be charged even if you are just sitting or sleeping in the driver’s seat or if you have had an accident and are just waiting for a tow truck to arrive.

In Canada, the law states that you must comply with a screening device or breath test. If you do not comply with a police officer’s request to receive a breath sample, you can be charged. The charges associated with refusing to provide a sample are the same as the charges for impaired driving/over 80.

The penalties for all of these offences are exactly the same. However, the penalties are significantly higher in situations where someone has been injured or killed.

Impaired operation of a vehicle that results in bodily harm can result in 10-year imprisonment but can reach up to 14 years in prison.

Impaired driving that results in death can lead to life imprisonment.

If you are charged with impaired driving offences (DUI) in Toronto, a conviction could result in:
∙ A permanent criminal record
∙ Loss of employment or future employment prospect (especially those involving driving trucks, taxis, making deliveries, or operating a mobile repair service vehicle)
∙ Having your driving privileges prohibited for at least one year
∙ Rehabilitative treatment or assessment program obligations
∙ Increased insurance premiums
∙ Serious damages to your standing in the community
For these reasons, it is imperative that you hire a qualified drinking and driving lawyer in Toronto.

There are many ways for you to be found innocent in your impaired driving/ DUI case. Here are just a few ways:
∙ Use tactics to exclude potential evidence against your case; any piece of evidence that violates personal rights under the Canadian Charter of Rights and Freedoms is considered invalid.
∙ Use the opinion of an expert toxicologist to prove whether or not your blood alcohol content (BAC) was over the legal driving limit.
∙ Use any and all legal resources to prove you innocent from your DUI charge.

Domestic assault offenses include:
∙ Assault
∙ Assault with a weapon
∙ Assault causing bodily harm
∙ Aggravated assault
∙ Domestic assault
∙ Criminal harassment
∙ Threatening bodily harm
∙ Threatening death
∙ Spousal assault or abuse
∙ Parental assault or abuse

When responding to reports of alleged domestic violence, police will almost always choose to arrest even when it is just one person’s word against another or the circumstances suggest that the allegations are false. As a result, many innocent people are arrested for crimes they did not commit.

If you are accused of assault or domestic violence, you will typically be held for a bail hearing and forced to abide by strict bail conditions until your trial is finished or you bring an application before a judge to modify.

Allegations of domestic assault and spousal abuse usually arise just before the break up of a marriage or common-law relationship when emotions run high. Because they typically occur within the home, domestic assault cases often involve no witnesses other than the accused and the complainant. As a result, these cases are both complex and highly volatile and carry serious implications.

Domestic violence charges can negatively impact your life in the following ways:
∙ Loss of employment opportunities
∙ Court orders prohibiting contact with family members for years
∙ Family Court orders dealing with custody and access or children
∙ Serious fines
∙ Denial of immigration, permanent residence, and citizenship applications
∙ Restriction from a career in law enforcement
∙ Loss of respect and standing in the community
∙ Inconvenience or denial during travel when arrest and conviction information appears on vulnerable sector checks and other screenings

When you are facing accusations of assault or domestic violence in Canada, the Court will typically impose conditions that prohibit the accused from contacting family members. This is done in order to eliminate the chance of culpable individuals committing further domestic violence or spousal abuse while their trial is pending, but it can feel unjust to those dealing with false allegations.

The Court will impose conditions that prohibit the accused’s spouse or children’s attempts to make contact. This is done in order to eliminate the chance of culpable individuals committing further domestic violence or spousal abuse while their trial is pending, but it can feel unjust to those dealing with false allegations.

Choosing a qualified assault lawyer to help you fight allegations of domestic assault, spousal abuse, or threatening bodily harm can be the difference between a conviction and being cleared of all charges. A qualified domestic assault lawyer from Erickson Law’s Toronto offices can help negotiate a resolution with the Crown Attorney to enable accused clients to:

Modify release conditions: Your bail or undertaking conditions may be varied so that you are afforded the opportunity to live and communicate with your domestic partner again.

Avoid a conviction: Our legal team can help you avoid a criminal record through a withdrawal of the charges levied against you, or secure you an absolute or conditional discharge.

In Canada, we no longer have the charge of rape. Instead, we have offences such as sexual assault, sexual interference, and sexual exploitation. Sexual offenses include the following:
∙ Sexual assault
∙ Threats of sexual assault
∙ Sexual assault with a weapon
∙ Aggravated sexual assault
∙ Internet luring charges
∙ Child pornography charges
∙ Criminal harassment
∙ Sexual interference
∙ Sexual exploitation
∙ Voyeurism charges

Many sexual assault cases are brought to court as a result of false confessions made when the accused failed to secure a sexual assault lawyer to moderate the investigation process; these instances can cause irreparable damage to one‘s reputation within the community, and consume Crown resources unnecessarily, both of which can be avoided by selecting a qualified sexual assault lawyer in Toronto.

All criminal charges are taken seriously, but the Crown is particularly stringent with those involving sexual misconduct. If you are accused of sexual assault charges, you will need a lawyer who can provide an equally serious criminal defence; your rights, freedoms, and reputation are on the line, and we will fight to ensure justice is served.

If you are facing allegations of tax fraud or related charges, it is critical that you seek out a qualified criminal defence lawyer in Toronto as soon as possible. A criminal defence lawyer in Toronto with experience in fraud can be a tremendous asset when constructing your defence. The Erickson Law team can help you deal with the Crown and courts and protect your rights and freedoms.

Fraud cases typically involve large volumes of detailed financial documentation which must be carefully scrutinized.

If you are targeted for an audit, it means that the federal government wants to make sure that you are complying with the Income Tax Act. Individuals may be targeted for an audit for a variety of reasons. The amount in your return may have raised some red flags, or you may have simply been selected at random.

Opening mail from the Canada Revenue Agency detailing an upcoming reassessment can be extremely stressful. If you feel that the CRA is mistaken, then it is in your best interest to contact a criminal defence lawyer right away.

Objecting to a CRA audit is time-sensitive. You only have 90 days to act on an appeal.

Similar to theft, fraud is a very broad financial crime that covers dishonest conduct. Typically fraud is a dishonest act which results in a loss suffered by another party with prior knowledge that the act could result in someone else’s loss or suffering.

Fraud offenses include:
∙ Bank fraud
∙ Mortgage fraud
∙ Employment fraud
∙ Breach of trust
∙ Lottery fraud
∙ Ponzi schemes
∙ Securities fraud
∙ Cheque fraud
∙ Mail fraud
∙ Conspiracy

If you have been charged with fraud offences, being incarcerated for them could seriously interfere with your personal relationships, job stability, and you may lose the privilege of travelling to different parts of the world.

It is important if you are charged with fraud or a financial offence that you work with a defence lawyer to try and avoid being convicted or having a criminal record that could potentially jeopardize the rest of your life.
Defence lawyers at Erickson Law are familiar with all matters of defence for fraud-­related charges. We are willing to work with you to review your charges, arrest, and personal circumstances to decide which specific defence is best suited for your needs. Our goal is to fully understand your conditions, giving you the best chance for success.

Highway traffic offenses include:
∙ Driving over 80
∙ Impaired driving
∙ Dangerous driving
∙ Stunt driving
∙ Street racing
∙ Highway offences
∙ Careless driving

It is important to understand your options and be aware of your rights when you are charged with a driving offense. By hiring an experienced criminal defense lawyer with a proven reputation, you can gain access to resourceful, creative and determined defense tactics that will help exonerate you from driving, highway and traffic offenses.

Murder/manslaughter/homicide charges include:
∙ First degree murder
∙ Second degree murder
∙ Manslaughter
∙ Criminal negligence causing death
∙ Homicide
∙ Attempted murder
∙ Aggravated assault
∙ Assault with a weapon
∙ Assault causing bodily harm

Of all violent offences, murder is the most serious crime in Canada. If convicted, the accused will face mandatory life imprisonment.

Murder charges are either first or second degree. First degree murders are ones that are committed with planning and deliberation. Murder is also first degree if the victim is a police officer or jail guard or if it occurs during the course of a kidnapping, sexual assault, hostage­-taking, or hijacking. All other murders are second degree.

First-degree murderers will not be eligible to apply for parole for 25 years, while second-degree murderers must wait at least 10 years or more depending on the sentencing judge’s ruling.

Manslaughter charges are different, but similarly serious. Manslaughter refers to a homicide where the accused commits an unlawful act which causes the deceased‘s death without intending to actually kill him or her. This often occurs during self­-defence scenarios where there was an unreasonable escalation of force, or as a result of negligent driving or the illegal possession of firearms.

The seriousness of these charges demands special protocol both for the investigation and bail process. Police investigations are typically conducted by special teams who deal exclusively with murder and other violent offences. The investigation itself is often much more invasive, and the interrogation process is particularly stringent, with any and all replies given to police liable to be used against you in court.

Qualified legal representation can ensure Charter compliance during your investigation, and help you circumvent cases of false confessions. The bail procedure for individuals involved with murder or manslaughter cases is also different, requiring the legal expertise of a seasoned criminal defence lawyer in Toronto to navigate successfully.

White collar crime is not technically a criminal charge in and of itself. Rather, this term is used to refer to a wide range of offences committed within a “white collar environment” that use intentional deception to gain an unlawful financial advantage. White collar crimes include everything from online scams to complicated financial frauds where stocks and corporate funds are manipulated.

The following constitute white collar crimes:
∙ Insider trading
∙ Security fraud
∙ Insurance fraud
∙ Computer or Internet fraud
∙ Money laundering
∙ Embezzlement
∙ Employee theft
∙ Extortion
∙ Kickbacks
∙ Criminal conversion of another’s assets
∙ Real estate or mortgage fraud
∙ Telemarketing fraud
∙ Fraudulent billing or invoicing

White collar crimes typically involve people in positions of authority with access to sensitive information and the means to commit a crime. Bank tellers, financial advisors, or fundraiser volunteers can exploit positions of trust to gain access to the accounts and finances of others.

It is becoming quite common for corporate directors, officers, or senior executives to be involved in a white collar investigation or prosecution at some point over the course of their professional career. Some proceedings are anticipated, while others will come as a shock; regardless of your particular circumstances, John Erickson is a fraud lawyer in Toronto who can help protect your freedom, finances, and reputation.

A record suspension (formerly called a pardon) allows people who were convicted of a criminal offence but have completed their sentence and demonstrated that they are law-abiding citizens for a prescribed number of years, to have their criminal record kept separate and apart from other criminal records.

According to the Criminal Records Act, the Parole Board of Canada has the authority to grant, deny, or revoke a record suspension request.

Any person convicted of an offence under a federal act or regulation of Canada can apply for a record suspension. Note that this process is not limited to Canadian citizens.

If your record suspension request is granted, all information relevant to your conviction will be removed from your record. This information does not disappear – instead, it is held by the Canadian Police Information Centre (called CPIC), where it can be accessed with special permission from Canada’s Minister of Public Safety.

Your record suspension application may be denied if you have not maintained a record of good conduct since your sentence was completed.

There are a number of enumerated offences that cannot be removed from your record. These include sexual offences against children and other serious crimes whose records must be upheld for reasons of public safety.

The length of time that must pass before you are able to apply for a record suspension depends on the nature of the offence that you have been convicted of. Summary offences require a 5-year waiting period after the sentence has been served, while indictable offences require a 10-year waiting period.

Applying for a pardon or record suspension represents your second chance for a fresh start in the world. In order to maximize your chances of being granted a record suspension, it is in your best interest to hire a criminal defence lawyer.

Parole hearings are distinct from bail hearings, although similarities do exist. Unlike bail hearings, parole hearings happen before a parole board. Those convicted of criminal offenses usually become eligible to apply for parole once one third of their jail sentence has been served. Different rules apply for those serving life sentences.

The different types of parole releases are:
∙ Temporary Absence
∙ Day Parole
∙ Full Parole
∙ Statutory Release
∙ Appeal hearings

Parole or probation officers supervise offenders who have been released from prison or sentenced to non-custodial sanctions such as community service.

If you have violated the conditions set by your probation officer or the criminal court in Canada, you can be charged with parole violation. Minor probation violations are typically decided by your parole officer, while criminal offences will be assessed by a judge. In either case, parole violations put your freedom at risk, and can also add length and restrictions to your existing parole conditions if you are not sent back to jail outright.

If you are scheduled to appear before a Parole Board for a hearing or if you are facing parole violation charges, it is in your best interest to hire a criminal defense lawyer to heighten your chances of being released on parole or to present your case tactfully to the courts to avoid further penalties.

A peace bond is a special protection order outlined in Section 810 of the Criminal Code. Judges will often refer to peace bonds by their formal legal name, which is a “section 810 recognizance.” The court will impose one if it decides that the applicant has a reasonable belief that the defendant poses a risk to the safety or property of the applicant or someone else. The order will require the defendant to “keep the peace” as well as many other possible conditions.

In certain situations, the police may decide not to get involved in resolving a dispute, either because they do not believe that an offence has been committed or because they believe that the situation is one which is best dealt with by an application to the court for a peace bond. In other situations, a person may decide not to call the police but, instead, apply for a peace bond.

The peace bond will require the defendant to:
∙ Keep the peace and be of good behaviour;
∙ Stay away from the home or workplace of the applicant and/or any other person;
∙ Not communicate, either directly or indirectly, with the applicant and/or any other person;
∙ Not possess any weapons, including any firearms or ammunition.

Peace bonds are obtained by making an application to the court.

Given the sensitive and complex nature of applying for a peace bond or defending yourself against one, we encourage you to contact Erickson Law to gain access to expert and timely legal aid.

The Youth Criminal Justice Act (YCJA) requires individuals who are under the age of 18 years to be tried in Youth Court. The YCJA explicitly states that young people facing criminal allegations will be treated differently than adults.

Generally speaking, the YCJA aims to promote rehabilitation and reintegration rather than emphasizing punitive measures. This difference is largely due to the fact that criminologists, psychologists, and lawmakers have agreed that youths have a lower degree of moral culpability for their actions.

Section 25 of the YCJA requires that a young person has a right to a criminal defence lawyer in Toronto at any stage of the proceedings and that the arresting officer must immediately inform the youth of this right to representation.

Section 42 of the YCJA outlines the kinds of sentences that a youth court judge may give as a youth sentence. Sentences may include:
∙ a reprimand;
∙ an absolute discharge;
∙ a conditional discharge;
∙ a fine;
∙ a compensation order to amend any property damage or loss of income (often completed through personal or community services);
∙ probation;
∙ deferred or straight custody.

According to Section 39 of the Act, a youth court judge will not commit a young offender to custody unless they have committed a violent offence, failed to comply with non-custodial sentences, committed an indictable offence for which an adult could be sentenced to more than two years and has a history of previous findings of guilt, or in exceptional cases where the young person has committed an indictable offense and the aggravating circumstances of the offence are such that only a custodial sentence would be consistent with the purposes of the YCJA.

There are a number of important procedural variances that occur when bail procedure is pertaining to youth court matters. The YCJA states that the Court should not detain young offenders as an alternative to proper child protection, mental health or social services. Youth court judges will not detain a young offender unless the offence is particularly violent, serious, or part of an established pattern of criminal non-compliance.

In the case of youth crimes, it is crucial that the legal counsel of the defendant is familiar with the unique sentencing goals and structure outlines in the YCJA to facilitate the best possible outcome for their client.