A recent Ontario Superior Court decision, R v Boekdrukker, addressed this issue. The Court examined both what is required in the Criminal Code as well as what is required under the common law.
When is my Child Old Enough to be Charged with a Crime?
On your child's 12 birthday he or she is officially old enough to be charged with a criminal offence. From the age of 12 until they turn 18, any criminal charge they face will be dealt with through the Youth Criminal Justice Act.
Youth Reprimands
The Youth Criminal Justice Act allows for a wide range of potential consequences should your child be found guilty of a criminal offence. The vast majority of the available sentences are community based (not jail) to encourage the young person to understand the consequences of their actions, but also to allow them to move forward with their life in a positive way.
Child Luring Mandatory Minimum Struck Down
The Ontario Court of Appeal, in the decision of R. v. Morrison, has recently upheld a decision of the trial judge to strike down the mandatory minimum sentence of one year in jail for the offence of child luring.
Invitation to Sexual Touching Mandatory Minimum Struck Down
In a recent case in the Ontario Superior Court of Justice, R. v. Hussein, the accused brought an application to have the mandatory minimum sentence for the offences of invitation to sexual touching, sexual interference and sexual assault of one year in jail struck down as unconstitutional. Section 12 of the Charter of Rights ensures that "Everyone has the right not to be subjected to any cruel and unusual treatment or punishment."
