CSG Avocats | Droit criminel en Outaouais | Gatineau
Le plus importantcabinet d’avocats spécialisés en droit criminel et pénalen Outaouais.
Expertise
Our legal advisors are professionally trained to assist you with any issues related to youth law. As your lawyers, we will be representing you following or during appeals undertaken by the Directorate of Youth Protection (DYP) under the Youth Protection Act, or criminal charges under the Youth Criminal Justice Act.
We will be doing so, from the government’s initial interventions and at each step of the judicial process, to ensure the protection of your rights and interests.
The Directorate of Youth Protection (DYP) can intervene in various ways. While each situation is unique, the assessment and progress of a case related to youth protection will generally include the following steps:
The reception and assessment of the report is the starting point of the process. For that reason, it is crucial for clients to come forward with their situation and consult with us as quickly as possible. This will allow us to provide you with professional and effective advice that will help you during your first meetings with the DYP agent who will be investigating your family situation. This initial step is critical as the DYP agent will be collecting information and data that could be used as evidence when the case is brought to court.
In the event that the DYP comes to the conclusion that the report is substantiated and well-founded, it is very likely that you will be offered to sign an agreement on voluntary measures. You will be presented with a “contract” stating several conditions to be met for a period of 30 days. It is very important to contact us before signing any document, so we can provide you with proper legal advice, and negotiate the best conditions for you and your family.
It is also possible that the DYP decides to directly refer to a judge of the Court of Québec requesting that specific measures be applied to your situation. This intervention is known as the judicialization. Several requests can be made under the Youth Protection Act:
It is an urgent request submitted to the court for an extension of 5 working days. For such a request, our lawyers are available at all times to represent you in court. It is also possible to dispute the request in whole or in part, and negotiate certain conditions. At this stage, our role is to bring forward the best strategy based on your case.
Such measures may be presented following immediate measures or at any time during the legal process. The court’s conditions may bind you for several months, which is why it is highly recommended to be represented by an experienced and qualified lawyer who will plead your case. They will analyze your situation and determine a strategic course of actions by identifying every opportunity.
It should also be noted that a parent has the right to submit a request to modify a rendered decision as new facts arise. Our lawyers will complete and submit this request on your behalf.
This step is the hearing (on the merits) process. It can take place several months following the first meeting with the DYP. A judge will then decide if the safety of your children is compromised and dictate the protective measures to put in place (up to 12 months). We will establish an action plan to start preparing for this hearing as several defences might be presented by the DYP attorneys with the objective of having your request denied. We will therefore prepare the documentation for the hearing in a thorough manner, do the necessary case law research, meet with your potential witnesses and develop a strategy based on your goals.
It is now possible to apply for custody during a youth protection hearing. Contact us to get a complete analysis of your case and to know if you are eligible. Our team can also prepare the necessary documentation and draft your custody request according to the criteria required by the court. We can also submit your request during the hearing to maximize your chances of success. This strategy can be beneficial as it prevents you from having to go to the Superior Court and, thereby, reduces your legal expenses.
Facing the justice system for the first time can be very a challenging and overwhelming experience. For this reason, it is strongly advised to consult with a lawyer. As soon as your child becomes the subject of a police investigation, you should contact us so we can provide you with sound advice and information about their legal rights.
The Youth Criminal Justice Act applies to teenagers between 12 to 17 years of age who are charged with a criminal offence. This law also applies to adults accused of committing a criminal offence when they were minors. You may therefore be charged in the youth court for events that occurred several years ago.
This type of case is heard at the Court of Québec’s Youth Division, which specializes in cases involving adolescents. The judicial process for a young person differs from that for adults given the offender’s age and their lower level of maturity at the time of the offence. Sanctions are also different from those that apply to adults.
It is wrong to believe that a criminal conviction of a young person will leave no trace. On the contrary, criminal acts committed by minors can often have significant impacts on their future. However, the extrajudicial sanction program, which is applicable in certain circumstances, can allow for the dismissal of criminal charges when successfully completed.
To help you in this respect, our team conducts a comprehensive analysis of your teenager’s situation and advises you properly on the applicable legal process. We can also represent them in court, and direct them towards the best possible solutions to prevent any negative consequences on their future. Our lawyers provide their support to families during this difficult period by accompanying them throughout the legal process.
At CSG Avocats, we are strong advocates of the young persons’ rights. Regardless of the circumstances surrounding your child’s case, our lawyers will be able to help you understand the criminal charges, the judicial process and advise you wisely.