Lawyers practicing in the area of youth criminal law are aware that s. 25(4) of the Youth Criminal Justice Act (Youth Criminal Justice Act, SC 2002, c 1 [YCJA]) provides a special guarantee for accused young people to have access to counsel. Section 25(4) of the YCJA provides that where a young person is at a trial, hearing, or review, but unable to obtain counsel, they may be assigned counsel (YCJA at s. 25(4)). However, the debate surrounding the meaning of “at trial” has led to a lack of uniform application of section 25(4), causing unnecessary delays and hindering access to justice. In a recent decision of the Ontario Court of Justice, R. v. X.C., 2025 ONCJ 366 (CanLII) [R. v. X.C.]), Justice Jones provides important clarification as to how this provision of the YCJA should be interpreted. Specifically, Justice Jones contends with the definition of “at trial.” At the heart of Justice Jones’ analysis is the conclusion that a young person is “at trial” from the moment they have indicated they want to contest their charges.
X.C.’s Case
The young person in this case, X.C., was denied legal aid (R. v. X.C. at para 4). X.C. sought the appointment of counsel under s. 25(4) of the YCJA to contest his single charge of breaking and entering (R. v. X.C. at para 4). In making this application to court, X.C.’s would-be counsel argued that X.C. is presumed innocent and intends to contest his charges; and although this is his right under the Canadian criminal system, it is difficult for anyone, let alone a young person, to navigate the criminal justice system alone (R. v. X.C. at para 9). Counsel further argued that X.C. comes from a marginalized background, creating additional barriers which he may face in the criminal justice system (R. v. X.C. at para 10).
Justice Jones granted X.C’s requested relief (R. v. X.C. at para 6), and in his reasons, provided clarification of the definition of “at trial”. Considering the volume of cases in youth criminal court, many involving those seeking counsel under section 25(4), Justice Jones provides important guidance towards section 25(4) application, which may help reduce the volume of self-represented youth criminal cases.