INTRODUCTION AND BRIEF DESCRIPTION
Young persons have the right to consult with counsel and have a parent or appropriate adult present when a warrant is executed against them.
SECTION WORDING
487.07(4) A young person against whom a warrant is executed has, in addition to any other rights arising from his or her detention under the warrant, (a) the right to a reasonable opportunity to consult with, and (b) the right to have the warrant executed in the presence of counsel and a parent or, in the absence of a parent, an adult relative or, in the absence of a parent and an adult relative, any other appropriate adult chosen by the young person.
EXPLANATION
The Criminal Code of Canada provides legal protection to young people below the age of 18 who come into contact with the criminal justice system. Section 487.07(4) of the Criminal Code establishes the rights of a young person against whom a warrant is executed. When a warrant is executed, a young person has the right to a reasonable opportunity to consult with a lawyer. This ensures that they are aware of their legal rights and can seek legal representation to protect those rights. Additionally, a young person has the right to have the warrant executed in the presence of a parent, adult relative or any other appropriate adult chosen by the young person. In the absence of a parent or adult relative, this provision guarantees the presence of an appropriate adult who can provide support and guidance to the young person during the arrest process. The presence of counsel and a trusted adult is crucial for ensuring that the rights of young people are protected while dealing with the criminal justice system. They can also provide support to the young person and help them navigate through the complicated legal process. This section of the Criminal Code emphasizes the importance of treating young people with fairness, dignity, and respect, and recognizes that they are vulnerable and require particular protections. In summary, section 487.07(4) of the Criminal Code of Canada provides young people with crucial rights during arrest and detention. It ensures that a young person has access to legal representation and support from a trusted adult, which helps to protect their rights and safeguard their well-being.
COMMENTARY
Section 487.07(4) of the Criminal Code of Canada outlines the rights of young persons who are subject to arrest warrants. This section recognizes the unique vulnerabilities that young people can face when they come into contact with the criminal justice system. By providing young people with certain rights, this section seeks to ensure that they are treated fairly and given the support they need during this difficult time. One of the most important aspects of section 487.07(4) is the right to consult with counsel. This means that a young person has the right to speak with a lawyer in order to better understand their legal rights and options. This is a crucial right, as it can help young people make informed decisions about how to proceed with their legal case. It can also help to ensure that their interests are protected and that they have access to the legal support they need. Another important aspect of section 487.07(4) is the right to have the warrant executed in the presence of counsel and a parent or appropriate adult. This ensures that a young person is not left alone to navigate the criminal justice system on their own. Instead, they have the support of a trusted adult and a legal expert who can help guide them through the process. This support can be vital for young people, who may be overwhelmed or intimidated by the complexities of the legal system. Overall, section 487.07(4) of the Criminal Code of Canada recognizes that young people are particularly vulnerable when it comes to their interactions with the criminal justice system. By providing them with certain rights, this section helps to ensure that they are given the support they need during this difficult time. This support can help young people make better decisions, protect their interests, and reduce any negative impacts that their interaction with the justice system may have on their lives. Perhaps most importantly, these rights help to ensure that young people are treated fairly and justly, which is essential for maintaining public trust in the justice system.
STRATEGY
Section 487.07(4) of the Criminal Code of Canada outlines the rights of young persons when a warrant is executed against them. As a legal practitioner, it is essential to understand the strategic considerations and possible strategies to be employed when dealing with this section of the law. First and foremost, it is crucial to understand the rights of young persons under this section, which include the right to a reasonable opportunity to consult with a lawyer and the right to have the warrant executed in the presence of counsel and a parent or other appropriate adult. As such, it is essential to ensure that these rights are fully protected during the execution of the warrant. One strategy is to ensure that the young person fully understands their rights under the law. This includes providing them with a clear and concise explanation of the rights outlined under Section 487.07(4) and the impact these rights may have on their case. By doing so, the young person will be in a better position to exercise their rights effectively. Another strategy is to provide appropriate legal counsel to the young person. This involves ensuring that the young person has access to a skilled and experienced lawyer who can provide them with sound legal advice and guidance throughout the legal process. The lawyer will also help the young person understand their rights and the implications of any legal decisions. It is also vital to ensure that the young person has a parent or other appropriate adult present during the execution of the warrant. This individual can provide emotional support to the young person and help them make informed decisions during the legal process. In the absence of a parent or appropriate adult, the lawyer can help the young person choose an appropriate adult to be present during the warrant execution. Furthermore, it may be necessary to challenge the validity of the warrant and the circumstances surrounding its execution. This could involve reviewing the evidence that led to the warrant's issuance and determining whether there are any legal defects that could result in the warrant being declared invalid. Overall, dealing with Section 487.07(4) of the Criminal Code of Canada requires careful consideration and strategic planning. The primary goal is to ensure that the rights of young persons are fully protected during the warrant execution and the legal process that follows. By employing effective strategies, legal practitioners can help young persons navigate the legal system successfully.