About Us

Introduction
Young persons between 12 to 18 years of age who are charged with criminal offences are entitled to be represented by legal counsel. If the young person or a parent can afford to do so, they can retain a lawyer privately. However, if the young person or the young person’s parents do not retain a lawyer privately and the young person wishes to have a lawyer, a Youth Justice Court Judge will refer the young person to the Legal Aid Society of Alberta. The Legal Aid Society of Alberta will appoint a lawyer if the income of the young person and the parents do not exceed the maximum set out in its guidelines.

If the young person wants to have a lawyer but does not qualify for legal aid coverage because of the income of the young person’s parents and the parents are not willing to retain a lawyer privately, a Youth Justice Court Judge will direct that the Attorney General for Alberta provide counsel for the young person. Pursuant to an agreement between the Legal Aid Society of Alberta and the Attorney General, the Society also appoints counsel for these young people.

Even for young persons, legal aid is not free. When the case is concluded the young person receives an account for the services provided by lawyers appointed by the Legal Aid Society of Alberta. Generally, however, the accounts are for much lesser amounts than those of lawyers retained privately. The Society also attempts to be sensitive to the financial situation of the young person when attempting to collect payment.

In most of Alberta, legal services for young persons are provided by private lawyers who are prepared to accept cases for the Legal Aid Society and to render accounts to the Society in accordance with its tariff of fees. Since 1993, however, a different method has been used to deliver legal services to young persons who are charged with criminal offences in Edmonton and Calgary. Except where there is a conflict of interest, the Legal Aid Society of Alberta refers its clients in those cities to the Youth Criminal Defence Office (YCDO).

The YCDO operates under the supervision of a Senior Counsel who is hired by and reports to the Board of Directors of the Legal Aid Society. The YCDO also employs a number of lawyers in Calgary and Edmonton. Social workers, youth workers and administrative staff support the lawyers. Both offices also have access to a psychologist through a pilot project with the Child and Adolescent Services Association.

Services

"Brydges" Service
Both the Calgary and Edmonton offices provide a 24-hour telephone service that operates throughout the year to provide legal services to young persons who are detained and in need of immediate legal advice. The primary restriction on the service is that it is for young persons detained pursuant to the Youth Criminal Justice Act or the Protection of Children Involved in Prostitution Act. In common with the remainder of the operation, the service is restricted to the geographic boundaries of Edmonton and Calgary.

Duty Counsel
The two offices provide legal assistance to unrepresented youth on a daily basis in Youth Justice Court docket courts in Edmonton and Calgary. The assistance includes: providing immediate legal advice, making application for judicial interim release (bail hearings), seeking withdrawal of charges, entry of guilty pleas and speaking to sentence.

Assigned Counsel
As with the private Bar the Legal Aid Society issues certificates to the YCDO authorizing staff lawyers to represent young persons in trial and appellate Courts in Edmonton and Calgary. The legal representation includes providing legal advice, making applications for judicial interim release before the Youth Justice Court and the Court of Queen's Bench, entering pleas, conducting trials and other hearings (such as bail hearings, defending applications by the crown for the imposition of adult sentences and reviews of sentences) and speaking to sentence. Staff lawyers also advance and respond to appeals. The majority are sentence appeals to the Court of Appeal.

Social and Youth Worker Services
The YCDO operates for the benefit of young people, and young persons as clients have special needs that must be addressed. The problems are many and various. Homelessness, poverty, addiction, sexual and/or physical abuse, fetal alcohol spectrum disorder, and learning disabilities are common and can contribute to conflict with the law.

Whenever possible, the social and youth workers employed by the YCDO prepare release and sentencing plans for lawyers to present to the Court. Wherever possible, they advocate the use of community rather than custodial resources to promote rehabilitation and to deal with problems contributing to criminality. The social and youth workers may also advocate for service for the young person. These may be sought from the child welfare, education or health systems.

Pro-Active Measures
Given the nature of their work, lawyers and other staff at the YCDO develop an expertise in the unique problems facing young people and the law relating to them. This knowledge brings with it a responsibility to help develop resources that are needed in the community. The YCDO advocates for such resources and, where feasible, co-operates with other agencies to create them.