The phone rings late on a school night. A Peel Regional Police officer tells you your 15-year-old is at the station, and that you can come pick them up, or that they are being held for a bail hearing. In that moment, most parents ask the same two things: what will this do to my child’s future, and what am I supposed to do right now?
Canadian law treats young people differently from adults, on purpose. Anyone who was at least 12 and under 18 at the time of an alleged offence falls under the Youth Criminal Justice Act, usually called the YCJA. Children under 12 cannot be charged with a criminal offence at all. The act rests on a basic idea: young people have reduced moral blameworthiness because of their age and maturity, and the youth system should focus on accountability that is fair, rehabilitation and reintegration.
Please treat this as general information for families. It does not replace legal advice from a lawyer who has reviewed your child’s situation, and any young person who is under investigation should get that advice as early as possible.
Which Law Applies and Which Court Hears It
The age that matters is the age on the date of the alleged offence, not the age on the court date. A person who turned 18 last month but is accused of something that happened at 17 still falls under the youth system for that allegation.
Youth matters go to a youth justice court. In Ontario, this is generally a function of the Ontario Court of Justice, and the case may be heard at the Brampton courthouse at 7755 Hurontario St. Your child’s release paper will state the date, the location and the courtroom. Those hearings operate under rules that limit publicity, and many of the basic Charter rights are the same as an adult’s, along with additional protections.
Police Questioning: Extra Protections Worth Knowing
This is where the difference is largest and where the early hours count. Section 146 of the YCJA says a young person’s statement to police, or to another person in authority, is generally not admissible unless a list of requirements is met. Among other things:
- the statement must be voluntary
- the officer must clearly explain, in language suited to the young person’s age and understanding, that they do not have to make a statement and that it can be used as evidence
- the young person must be told of the right to consult a lawyer and a parent, or another appropriate adult
- they must be given a reasonable opportunity to consult
- any statement must be made in the presence of that lawyer and adult, unless the young person says otherwise
A young person can waive those rights, but the waiver has to meet strict conditions. As a parent, you can ask to speak to your child. You can also tell your child, calmly, that they should speak to a lawyer before answering questions, and that being polite does not require giving a statement. Avoid quizzing them about what happened, including by text. A parent’s conversation with a child does not have the same protection as a conversation with a lawyer, and a parent can be called as a witness.
The right to counsel is broad. Section 25 gives a young person the right to retain and instruct a lawyer at any stage of the proceeding, and at any stage when extrajudicial sanctions are being considered. If they cannot get one through Legal Aid Ontario or otherwise, the youth court can direct the Attorney General to appoint counsel. Do not delay out of concern about cost. Ask about youth services at your first contact with legal aid or at the courthouse.
Keeping Cases Out of Court
The act favours extrajudicial measures. For a non-violent offence by someone with no previous finding of guilt, those measures are presumed to be adequate. In any case, section 6 requires an officer to consider, before starting court proceedings, whether one of these options would be sufficient:
- Take no further action.
- Give an informal warning.
- Give a formal police caution.
- Refer the young person to a community program or agency, with their consent.
The Crown can also give a caution. Next come extrajudicial sanctions. They are a more structured diversion option, used if a warning or a caution would not be sufficient due to the seriousness of the offence or other aggravating facts. In these programs, the young person must accept responsibility, consent fully and freely, and be told about their right to a lawyer before consenting. The tasks might include apology letters, restitution, volunteer hours or counselling. As with adults, the program is unavailable if the young person denies involvement or wishes to go to court.
Importantly, a young person who goes this route has not been found guilty. A record of a sanction exists for a limited period, discussed below. Evidence of a warning, caution or referral is generally not admissible to prove prior offending in a later youth case.
Bail and Conditions
If your child is held for a bail hearing, section 29 sets narrower limits than the adult bail rules. A court may detain a young person only if they are charged with a serious offence, or have a history showing a pattern of outstanding charges or findings of guilt, and the court is also satisfied on specific grounds, such as a substantial likelihood of not attending court, or a need to protect the public. The Attorney General bears the onus of justifying detention. Conditions on release must be necessary, reasonable in light of the alleged behaviour, and something the young person can realistically follow.
Parents are often asked to help. You may be asked to sign as a responsible person, promising to supervise your child and report any breach. Before signing, think carefully, as you can be held responsible for failing to live up to that promise. If you truly cannot supervise, say so honestly. Help your child understand the conditions they receive, including curfew, no-contact and school attendance. A curfew or school term should be read closely with your actual household schedule, including siblings, jobs and long commutes on Brampton Transit or GO.
Sentencing: A Different Rulebook
A youth sentence may not be more severe than the sentence an adult would get for the same offence in similar circumstances. It must be proportionate, and within that limit it should be the least restrictive option capable of achieving the sentencing purpose, and the most likely to rehabilitate the young person.
Options listed in section 42 include:
- a reprimand, which is a serious talking-to from the judge
- an absolute or conditional discharge
- a fine of up to $1,000
- restitution or compensation
- community service of up to 240 hours
- probation of up to two years
- an intensive support and supervision program, where available
- a deferred custody and supervision order of up to six months
- custody and supervision for up to two years in general, and for longer periods in the most serious cases
Custody is restricted. Under section 39, a court can only commit a young person to custody in defined circumstances: generally, a violent offence, repeated failure to comply with non-custodial sentences in the required way, an indictable offence with a pattern of previous findings or sanctions, or an exceptional case where the aggravating circumstances make a non-custodial sentence inconsistent with the sentencing principles. Even then, the court must consider all reasonable alternatives first. A judge cannot use custody as a substitute for social measures.
When an Adult Sentence Is Possible
Under section 64, the Crown can apply for an adult sentence against a young person found guilty of an offence for which an adult could get more than two years, if the offence was committed after the young person turned 14. The Crown has to rebut the presumption of diminished moral blameworthiness and prove that a youth sentence would not be long enough to hold the young person accountable. These are serious hearings that call for early legal advice.
Privacy: The Publication Ban
A young person dealt with under the YCJA generally cannot be publicly identified. Section 110 prohibits publishing the name or other information that would identify the youth, with limited exceptions, such as where an adult sentence has been imposed. Parents should take this seriously too. Do not post about the case, even to defend your child, and ask relatives and friends to do the same. A court may also limit publication of information about young victims and witnesses.
How Long Does a Youth Record Last?
Youth records are not the same as adult criminal records, and they are not meant to last forever. Access to them ends after set periods under section 119. Some of those periods, in simplified form:
| Outcome | When the access period generally ends |
|---|---|
| Withdrawn or dismissed (not an acquittal), or reprimand | 2 months after |
| Extrajudicial sanction | 2 years after consent to the sanction |
| Absolute discharge | 1 year after the finding of guilt |
| Conditional discharge | 3 years after the finding of guilt |
| Summary conviction sentence | 3 years after the sentence is completed |
| Indictable offence sentence | 5 years after the sentence is completed |
There are qualifications. A new offence during the period can extend it, and if the person is convicted of an offence as an adult during that time, the youth record may be treated like an adult record. Records of the most serious offences can be kept longer. After the period ends, access is tightly limited, and information generally cannot be used against the person. Under section 82, once a youth sentence has ceased to have effect, the young person is generally deemed not to have been found guilty, with some exceptions.
For families who are not Canadian citizens, there is also a helpful rule: the Immigration and Refugee Protection Act says inadmissibility cannot be based on an offence for which a youth sentence was imposed. Adult sentences, and older people facing charges, are treated very differently. Get advice if status is in question.
What Parents Can Do
The system sees parents as a resource as well as a source of information. In practical terms:
- Stay calm, and stay on the same side as your child. Young people often freeze or tell an adult what they think the adult wants to hear.
- Get a lawyer before any statement, even if the officer says it is a simple matter.
- Write down what your child’s school and doctor can provide. Reports on learning, trauma, mental health or family pressures can matter at the extrajudicial stage and at sentencing.
- Attend every court date. Bring the release document.
- Keep social media quiet. Tell your child not to discuss the case in a group chat.
- Help with the plan. Solid structure, such as school, a part-time job, counselling or a community program in Brampton, can be persuasive to a Crown or a judge.
Be aware, too, that a school might have its own process, including suspension or expulsion under the Education Act, which runs separately from the court case.
A youth charge can feel as if it has already defined your child. The law has been written on the opposite assumption, and it provides ways to respond that an adult would not have. If your family is dealing with an allegation, a criminal lawyer can explain your options in the youth stream, and our Brampton service page has more about the kinds of matters the firm deals with. Reach out early. The earliest decisions, particularly about whether to speak to police, are often the ones that carry the most weight.