How has the waiver process been interpreted under the Young Offenders Act?
British Columbia, Canada
The following excerpt is from R. v. K. et al, 2004 BCPC 210 (CanLII):
In R v. V.Z. [2004] O.J. No. 1307, the admissibility of a statement obtained by a youth was determined by reference to s. 56 of the Young Offenders Act. However, at paragraph 12, Spence J. noted that his decision would have been the same if it had been decided under the YCJA. The issue was the level of understanding of the youth in relation to giving a statement and waiving his rights. The court found that the police had failed to give any alternate or a simplified language explanation of certain portions of the waiver form used, and failed to conduct an inquiry into his level of understanding. In particular, the police failed to inform the youth that any statements he gave could be used in evidence against him. The court found that these omissions were not "technical irregularities" of the sort contemplated by Section 146 (5) and (6) of the YCJA. The waiver and the statements were excluded.
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