Youth Criminal Justice

The Youth Criminal Justice Act (YCJA)

Young persons aged 12 to 17 who are charged with criminal offences are dealt with under the Youth Criminal Justice Act (YCJA), a federal statute that creates a separate justice system with its own courts, procedures, sentencing options, and record-keeping rules. The YCJA is fundamentally different from the adult system — it emphasizes rehabilitation, meaningful consequences proportionate to the offence, and enhanced procedural protections for young people.

If your child has been charged with a criminal offence, understanding these differences is critical. The decisions made in the early stages of a youth case — including whether to pursue diversion, how to approach bail, and what information to share with police — can have lasting consequences for your child’s future.

Key Protections Under the YCJA

The YCJA provides young persons with procedural protections that go well beyond those available to adults:

Publication Bans (Section 110)

The identity of a young person who is charged with, found guilty of, or acquitted of an offence cannot be published in most circumstances. This is an automatic protection — it does not need to be requested. Publication bans protect young people from the lasting stigma of media coverage and public identification.

Enhanced Statement Protections (Section 146)

Statements made by a young person to police are subject to much stricter admissibility requirements than adult statements. Before a young person’s statement can be used as evidence, the Crown must prove that:

• The young person was informed of their right to silence in language appropriate to their age and understanding
• The young person was informed of their right to consult with a parent, guardian, or other appropriate adult — and was given a reasonable opportunity to do so
• The young person was informed of their right to consult with a lawyer — and was given a reasonable opportunity to do so
• The statement was voluntary and not obtained through threats, promises, or other inducements

If any of these requirements are not met, the statement is inadmissible. This is one of the most powerful protections available to young persons, and we scrutinize the circumstances of every police interaction to determine whether these requirements were satisfied.

Restricted Access to Youth Records (Section 119)

Youth records are not permanent. Unlike adult criminal records, which persist indefinitely unless a record suspension is granted, youth records are sealed and eventually destroyed after a defined access period:

• Extrajudicial sanctions: Access period of 2 years from the date the young person consents to the sanction
• Acquittal: Access period of 2 months
• Reprimand: Access period of 2 months
• Absolute discharge: Access period of 1 year
• Conditional discharge: Access period of 3 years
• Summary offence finding of guilt: Access period of 3 years from completion of sentence
• Indictable offence finding of guilt: Access period of 5 years from completion of sentence

Once the access period expires, the record is sealed and, for most purposes, the young person can truthfully say they do not have a criminal record.

Right to Privacy

Youth court proceedings are generally open to the public, but reporting restrictions and publication bans apply. In some cases, the court can exclude members of the public from the courtroom. We advocate for privacy protections where they are in the young person’s best interests.

Extrajudicial Measures: Keeping Your Child Out of Court

The YCJA strongly encourages the use of extrajudicial measures — alternatives to the formal court process — for less serious offences. These measures reflect the principle that young persons should be held accountable in ways that are proportionate to the offence and that promote rehabilitation without the stigma and consequences of a court conviction.

Police-Level Measures

Before any charge is laid, the police officer has the discretion to:

• Take no further action — appropriate for truly minor incidents
• Issue an informal warning — a verbal caution at the scene
• Issue a formal caution — a documented warning, sometimes involving a meeting at the police station with a parent present
• Refer to a community program — directing the young person to a youth justice committee, counselling, or community service

We advocate for these measures at the earliest stage, including by making pre-charge representations to the police or the Crown where appropriate.

Extrajudicial Sanctions (Section 10)

Extrajudicial sanctions are more formal programs that operate outside the court process. They require the young person to acknowledge responsibility for the offence and consent to participate in a program that may include:

• Community service hours
• An apology letter to the victim
• Participation in a restorative justice program (victim-offender mediation)
• Counselling or educational programming
• A charitable donation or restitution

Upon successful completion, no charge is laid or the existing charge is withdrawn. There is no finding of guilt and no conviction. The record of the sanction is accessible for only 2 years.

We assess eligibility for extrajudicial sanctions early and advocate strongly for this outcome where appropriate. It is often the single best result for a young person.

Defence at Trial in Youth Court

When a matter proceeds to youth court, the young person has the same right to a full trial as an adult — including the right to remain silent, the right to challenge the Crown’s evidence, and the right to call witnesses. However, youth trials also involve:

• Stricter evidentiary rules regarding statements (Section 146)
• Judicial consideration of the young person’s age, maturity, and background in assessing the evidence
• The presumption of diminished moral blameworthiness — young people are, by law, presumed to have a lesser degree of moral responsibility than adults

We provide the same rigorous defence in youth court that we would in any adult criminal trial — thorough cross-examination, strategic Charter applications, and meticulous preparation — but adapted to the unique legal framework and the developmental realities of young people.

Youth Sentencing

If a finding of guilt is made, the YCJA provides a wide range of sentencing options that are fundamentally different from adult sentences. The guiding principle is the least restrictive sentence that is appropriate in the circumstances:

Non-Custodial Sentences

• Reprimand: A formal admonishment by the judge — essentially a stern warning with no further conditions.
• Absolute discharge: A finding of guilt but no conviction is registered.
• Conditional discharge: A finding of guilt with conditions (probation) — if the conditions are completed, no conviction is registered.
• Fine: Maximum of $1,000.
• Community service order: A specified number of hours of community service.
• Probation: Up to 2 years, with conditions tailored to the young person’s circumstances.
• Intensive support and supervision order: A more structured form of probation with closer monitoring and support services.

Custodial Sentences

• Deferred custody and supervision order (DCSO): The youth equivalent of a conditional sentence — the young person serves the sentence in the community under strict conditions. If the conditions are breached, the young person may be required to serve the remainder in custody.
• Custody and supervision order: The young person serves a portion of the sentence in a youth custody facility and the remainder under supervision in the community.

Custodial sentences for young persons are reserved for the most serious offences and circumstances. The YCJA explicitly provides that custody is a measure of last resort and must not be used as a substitute for child protection, mental health treatment, or social services.

We advocate for the least restrictive sentence appropriate to the circumstances and present evidence of the young person’s background, supports, rehabilitation potential, and prospects to the court.

Adult Sentences for Young Persons

In rare cases involving the most serious offences — murder, attempted murder, manslaughter, and aggravated sexual assault — the Crown may seek an adult sentence for a young person aged 14 or older. If an adult sentence is imposed, the young person is sentenced under the Criminal Code rather than the YCJA, and the protections of the youth system (including publication bans and restricted record access) may be lost.

This is an extraordinarily high-stakes proceeding. We vigorously oppose adult sentences and ensure that every procedural safeguard under the YCJA is enforced, including:

• Challenging the Crown’s application on procedural and substantive grounds
• Presenting evidence of the young person’s character, background, and rehabilitation prospects
• Arguing that a youth sentence is of sufficient length to hold the young person accountable

A Note to Parents

If your child has been arrested or charged, you are likely feeling frightened, confused, and unsure of what to do. Here are the most important things to know:

• Your child has the right to speak with you and with a lawyer before making any statement to the police. Exercise these rights.
• Do not allow your child to give a statement to the police without first speaking to a lawyer. Many youth cases are built entirely on statements that would have been inadmissible if the young person’s rights had been properly exercised.
• Contact us immediately — early intervention maximizes the chances of diversion and minimizes the impact on your child’s future.

Related Resources

• Your Charter Rights in a Criminal Case — Charter protections apply to young persons with additional YCJA safeguards
• Theft & Property Offences — shoplifting and theft are among the most common youth charges
• Assault Defence — assault charges in youth court
• Bail Hearings & Reviews — bail for young persons follows a modified process
• How Can They Charge Me With No Evidence? — understanding the standard of proof and credibility contests

Your child has been charged? Contact us 24/7. We will protect their rights and their future.