文章基本信息

标题：The Admissibility of Young People's Statements under the Proposed Youth Criminal Justice Act
本地全文：下载
作者：Sanjeev Anand ; James Robb
期刊名称：Alberta Law Review
印刷版ISSN：1925-8356
出版年度：2002
卷号：39
期号：4
页码：771
出版社：Alberta Law Review
摘要：This article examines the impact of Bill C-7, the Youth Criminal Justice Act, on the admissibility of young people s statements. Although the proposed reforms appear to leave admissibility within the discretion of youth court judges, the authors argue that the YCJA significantly curtails the types of factors that judges can consider when assessing the admissibility of youth statements. The three sources of law applicable to young offender statements are examined: the legislative provisions, the common law rules of voluntariness, and ss. 7, 9, and 10 of the Charter. The authors analyze s. 146 of the YCJA, the applicable section to youth statements, and compare it to the previous version of the Bill and to the current provisions of the Young Offenders Act The case law concerning voluntariness and Charter rights are also discussed, as well as the potential interrelationship between the three sources of law. In addition, the article explores when youth statements made to a person not in authority will be inadmissible.