Reid Institute Members - The new Canadian Column is entitled, "Young Offender Confessions: 'right' versus 'required'. By Gino Arcaro B.Sc., M.Ed

I. sec. 146(2)(b)(iv) and sec. 146(6) YCJA

Among the numerous controversies surrounding young offender laws is the admissibility of young offender confessions. One of the interrogation issues centers on how to properly instruct a young offender about waiving the presence of a third party consultant, in accordance with sec. 146(2)(b)(iv)Youth Criminal Justice Act. Another related issue is what constitutes a "technical irregularity" under sec. 146(6) YCJA.

Three laws govern the admissibility of young offender confessions and statements:

1. common law "confession rule" relating to voluntariness
   
2. Charter provisions including right to silence, right to counsel, reason for arrest and sec. 24(2)
   
3. Statutory protections created by the Youth Criminal Justice Act, including section 146 YCJA.

The first two laws apply to both adult and young offenders. The third law applies only to young offenders, increasing the complexity of young offender confession admissibility.