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Being arrested or charged with a criminal offence can be overwhelming for a young person and their family. Canada’s youth criminal justice system recognizes that young people have different levels of maturity and responsibility than adults, but youth charges can still have serious consequences.
Young people accused of criminal offences are generally dealt with under the Youth Criminal Justice Act (YCJA), which creates a distinct legal framework for individuals who were at least 12 but under 18 when an alleged offence occurred.
The YCJA emphasizes accountability while recognizing the importance of rehabilitation, reintegration, privacy and the reduced level of maturity of young people.
De Boyrie Law represents young people facing criminal charges and provides guidance to families throughout the youth criminal justice process.
Call (647) 931-0248 to schedule a free consultation with a youth criminal defence lawyer.
A youth offence is a criminal offence allegedly committed by a person who was at least 12 but under 18 years old at the time of the offence. The underlying criminal offences are generally found in the same Criminal Code and federal legislation that apply to adults. What changes significantly is how a young person is dealt with after being accused of an offence.
The Youth Criminal Justice Act establishes rules concerning matters such as:
This means defending a youth charge requires understanding both the underlying criminal offence and the separate procedural and sentencing rules established by the YCJA.
The YCJA applies to a person who was 12 years old or older but under 18 when the alleged offence occurred. The person’s age when the offence occurred is therefore important.
A person who is 18 today may still have a case proceeding through the youth justice system if the alleged offence occurred while they were a young person under the YCJA. Children under 12 cannot be convicted of a criminal offence in Canada. Once a person reaches 18, new alleged criminal offences are generally dealt with through the adult criminal justice system.
The youth and adult criminal justice systems share many fundamental protections, including the presumption of innocence and the Crown’s obligation to prove a criminal charge beyond a reasonable doubt. However, the YCJA establishes additional principles specifically applicable to young people.
Canada’s youth justice system is intended to protect the public by holding young people accountable through measures proportionate to the seriousness of the offence and their degree of responsibility, promoting rehabilitation and reintegration, and supporting crime prevention by addressing circumstances underlying offending behaviour. The legislation also recognizes that young people have diminished moral blameworthiness or culpability compared with adults.
These principles can affect how a youth case is handled from the first police interaction through sentencing.
A youth criminal defence lawyer represents a young person throughout the criminal justice process while ensuring that the additional protections provided by the YCJA are respected.
Depending on the circumstances, this can involve:
Youth cases can involve considerations that do not arise in the same way in adult criminal proceedings. Having a lawyer who understands those differences can be important from the earliest stages of the case.
Young people can be charged with many of the same Criminal Code offences as adults. De Boyrie Law represents young people facing allegations including:
Youth assault allegations can arise from fights at school, confrontations between friends, incidents at parties, disputes involving family members and other physical interactions.
Depending on the circumstances, allegations can range from common assault to more serious offences involving bodily harm or weapons. Potential defences can include self-defence, consent, identification issues, accidental contact and weaknesses in the Crown’s evidence.
Theft and shoplifting allegations are common examples of offences that can bring a young person into contact with the criminal justice system.
The circumstances can vary significantly, including allegations involving retail stores, property belonging to another student or more serious theft offences. For some first-time, non-violent offences, alternatives to traditional prosecution may be particularly relevant.
Robbery is substantially more serious than simple theft because it involves violence or threats of violence in connection with stealing. Youth robbery cases can involve serious consequences and may include allegations involving groups of young people, weapons or disputed identification.
A young person may face weapons allegations independently or in connection with another alleged offence such as assault or robbery. The specific charge and potential consequences depend on the weapon, how it was allegedly possessed or used and the circumstances surrounding the incident.
Youth drug allegations can range from possession to more serious allegations involving trafficking or possession for the purpose of trafficking. Drug offences may be prosecuted under the Controlled Drugs and Substances Act rather than the Criminal Code, but young people accused of these offences are still generally dealt with under the YCJA.
Property damage, vandalism and interference with another person’s property can potentially result in a mischief charge. The value of the property, extent of damage and circumstances surrounding the allegation can all affect how the case is handled.
Sexual offence allegations involving young people require particularly careful legal analysis. Issues can include consent, age differences, electronic communications, identification and the specific nature of the alleged conduct. These cases can have extremely serious consequences and should be addressed with legal advice as early as possible.
Young drivers can also face Criminal Code charges involving impaired driving, dangerous operation, failure to stop and other driving-related conduct. Although provincial driving consequences may also arise, criminal allegations involving a young person are generally addressed within the YCJA framework.
A young person has important legal rights when arrested or detained. The Charter provides the right to retain and instruct counsel without delay. The YCJA provides additional protections specifically for young people. A young person should understand their rights before deciding whether to provide a statement to police.
Parents should also understand that an arrest does not mean their child has been convicted. The allegations still need to proceed through the criminal justice process, and the Crown must prove any prosecuted charge beyond a reasonable doubt.
Statements made by young people are subject to specific rules under the YCJA.
This is an important area of youth criminal defence because statements made during a police investigation can become central evidence in the prosecution. Police must satisfy specific requirements before certain statements made by a young person can be admitted into evidence.
Depending on the circumstances, questions can arise about whether the young person properly understood their rights, whether those rights were explained appropriately and whether the legal requirements governing the statement were followed.
A defence lawyer can review the circumstances surrounding a police interview to determine whether a statement can be challenged.
Yes. The YCJA specifically recognizes a young person’s right to retain and instruct counsel. That right applies at important stages of youth proceedings, and the young person should be given an opportunity to obtain legal advice.
This is particularly important before providing a statement to police or making decisions that could affect the outcome of the case. A young person should not assume that being under 18 means the situation is informal or that speaking with police cannot have serious consequences.
The YCJA contains specific requirements concerning notices to parents. Parents will generally become involved when their child is arrested, detained or required to appear in youth justice court. However, the young person is the accused.
A youth criminal defence lawyer represents the young person’s legal interests, even though parents frequently play an important role in supporting their child, retaining counsel and helping them navigate the process.
Clear communication between the young person, lawyer and family can be particularly valuable during a youth case.
Yes. Being arrested does not necessarily mean a young person will remain in custody until the case is completed. The YCJA contains specific provisions governing the detention and release of young people. Where a young person is released, conditions may be imposed. Depending on the circumstances, these can affect:
Release conditions must be taken seriously. A breach can create additional legal problems even while the original charge remains unresolved.
In some cases, a parent or another responsible person may play a role in a young person’s release plan. The YCJA recognizes that detention should not simply be used as a substitute for appropriate social measures or because a young person lacks a suitable home environment.
The circumstances of the young person, proposed supervision and nature of the allegations can all become relevant when release is being considered.
One of the major differences between the youth and adult criminal justice systems is the emphasis the YCJA places on extrajudicial measures. These measures provide ways of addressing certain alleged youth offences outside the traditional court process.
The YCJA states that extrajudicial measures are often the most appropriate and effective way to address youth crime. They are intended to provide effective and timely interventions, encourage accountability and address offending behaviour without necessarily proceeding through a full prosecution. Depending on the circumstances, extrajudicial measures can include:
Not every case is eligible, and different requirements apply depending on the type of measure being considered.
The circumstances of the alleged offence and the young person’s history matter. Under the YCJA, extrajudicial measures are presumed to be adequate to hold a young person accountable where the young person has committed a non-violent offence and has not previously been found guilty of an offence. However, having previous involvement with the youth justice system does not automatically prevent extrajudicial measures from being considered.
The Act expressly recognizes that they may still be used in appropriate circumstances even where the young person has previously received extrajudicial measures or has previously been found guilty of an offence. This makes the young person’s history and circumstances important when assessing potential resolution options.
Extrajudicial sanctions are a more formal type of intervention than a warning or caution. They may be considered where a young person cannot adequately be dealt with through less formal measures because of factors such as the seriousness of the alleged offence, previous offences or other aggravating circumstances.
Specific statutory requirements apply. An extrajudicial sanction is not simply something that can be imposed on a young person without their participation.
Legal advice can help a young person and their family understand the implications of accepting an extrajudicial sanction and how it may affect the case and youth records.
If a case proceeds through the court system, it is generally heard in youth justice court. The exact process depends on the offence and circumstances, but a youth case can involve:
Many youth cases are resolved without a trial. Others require a trial because the allegations are disputed or an acceptable resolution cannot be reached.
The appropriate strategy depends on the evidence.
A young person does not have to prove their innocence. As in adult criminal court, the Crown bears the burden of proving the offence beyond a reasonable doubt. Depending on the charge, a defence can involve issues such as:
The YCJA changes how young people are treated within the justice system, but it does not eliminate the prosecution’s burden of proof.
There is no single defence strategy that applies to every youth case. A defence lawyer should examine the evidence and circumstances rather than assuming that the young person’s age alone will lead to lenient treatment. Preparing a defence can involve:
The strategy should be based on the particular offence and evidence available.
Yes, youth charges can be withdrawn in appropriate circumstances. A defence lawyer may identify evidentiary problems, legal issues or circumstances that can be raised with the Crown. Other cases may be suitable for an extrajudicial approach or another resolution.
Possible outcomes can include:
No particular outcome can be guaranteed. The objective is to examine the evidence and pursue the best available result based on the circumstances.
When a young person is found guilty, sentencing is governed by principles specifically designed for youth. The purpose of youth sentencing is to hold the young person accountable through just sanctions that have meaningful consequences while promoting rehabilitation and reintegration and contributing to the long-term protection of the public.
A youth sentence must also reflect the seriousness of the offence and the young person’s degree of responsibility. Factors considered can include:
The result can therefore differ substantially from the sentence an adult might receive for similar conduct.
The appropriate sentence depends on the offence and circumstances. Youth sentences can include different combinations of sanctions permitted under the YCJA. Depending on the case, outcomes can involve measures such as:
Custody is generally reserved for circumstances meeting the requirements established by the YCJA.
The availability of a particular sentence depends on the offence, the young person’s history and other statutory requirements.
A young person can receive a custodial sentence in appropriate circumstances, but youth custody is governed by specific restrictions. The YCJA generally seeks to limit custody to cases where the statutory requirements are met.
Serious violent offences, repeated findings of guilt and other circumstances can increase the possibility of custody.
Even where custody is imposed, the youth system continues to emphasize rehabilitation and reintegration. A serious charge should therefore never be dismissed on the assumption that a person under 18 cannot face incarceration.
In certain serious cases, yes. The Attorney General can apply for an adult sentence where the statutory requirements are met.
Under section 64 of the YCJA, an application may be made where the young person was at least 14 years old when the offence was committed, has been found guilty of an offence for which an adult would be liable to more than two years’ imprisonment, and the other legal requirements are satisfied.
An adult sentence is not automatic simply because a youth is charged with a serious offence. There is a specific legal process governing when an adult sentence can be sought and imposed.
Because the consequences are significant, any case involving the possibility of an adult sentence requires careful legal representation.
The YCJA provides young people with substantial privacy protections. As a general rule, the Act prohibits publication of the young person’s name or other information that would identify them as someone dealt with under the YCJA.
There are exceptions. For example, different rules can apply where a young person receives an adult sentence or where another statutory exception permits publication.
Privacy protections are one of the important distinctions between the youth and adult criminal justice systems.
Youth record rules are more complicated than simply saying that a record either exists or does not exist. Records can be created in connection with youth justice proceedings, and the YCJA controls who can access them and for how long. The applicable access period depends on how the case is resolved.
For example, different periods can apply to:
Youth records also do not simply disappear because the young person turns 18. Because these rules are substantial enough to warrant their own discussion, see our Youth Criminal Records guide for information about access periods, record retention and what happens after a youth case ends.
Potentially. Although the YCJA contains significant privacy and record protections, a youth case can still affect a young person’s life. Depending on the circumstances, consequences can involve:
A criminal case can also disrupt school, employment and family life while proceedings are ongoing. The objective should therefore be to consider both the immediate criminal charge and its potential longer-term consequences.
Youth records receive special protection under the YCJA, but access may be permitted in specified circumstances during the applicable access period. Whether information can appear in connection with a particular background check depends on the type of check, the status of the record and the legal authority for accessing it.
After the applicable access period expires, significantly stronger restrictions apply. A youth criminal charge should therefore not automatically be assumed to create a permanent employment barrier.
A criminal charge does not automatically mean a young person will be removed from school. However, practical issues can arise where the allegations involve another student, occur on school property or result in release conditions affecting contact or attendance.
The YCJA also permits limited disclosure of information to school representatives in specified circumstances, including where disclosure is necessary to ensure compliance with an order, protect safety or facilitate rehabilitation.
Criminal proceedings and school disciplinary proceedings are separate matters and may need to be addressed independently.
Parents often want to immediately solve the situation for their child. The most useful first step is to understand the allegations and make sure the young person’s legal rights are protected. Parents should consider:
Parents should also avoid contacting complainants or witnesses in an attempt to resolve the case themselves. Even well-intentioned communication can create complications.
If you have been charged with a criminal offence as a young person, take the situation seriously even if you believe the allegation is minor.
Most importantly, understand your legal rights before making decisions about the case or providing statements about what happened.
Youth cases can sometimes offer opportunities to resolve allegations without the consequences associated with a traditional prosecution. Those opportunities can depend on the offence, the young person’s history and how the case is approached.
Evidence can also disappear quickly. Surveillance recordings can be overwritten, electronic communications can be deleted and witnesses’ memories can change. Early legal advice allows the defence to identify these issues while there is still an opportunity to address them.
Every youth case requires an individual approach. De Boyrie Law represents young people facing criminal allegations and works with clients and their families to understand both the immediate case and the consequences that may follow.
Representation can include:
The objective is to protect the young person’s legal rights while pursuing the best available outcome based on the evidence.
A criminal charge at a young age can create significant uncertainty for both the young person and their family. Canada’s youth justice system provides protections and opportunities that differ from the adult system, but those protections do not mean a criminal charge should be taken lightly.
Understanding the evidence, the young person’s rights, potential extrajudicial options and the long-term consequences of different outcomes can be important from the beginning of the case.
De Boyrie Law represents young people facing criminal allegations under the Youth Criminal Justice Act.
Call (647) 931-0248 or request a free consultation to discuss a youth criminal charge.
The YCJA generally applies where a person was at least 12 but under 18 when the alleged offence occurred.
Yes. The youth criminal justice system applies beginning at age 12. A child under 12 cannot be convicted of a criminal offence in Canada.
It can apply to an 18-year-old if the alleged offence occurred before they turned 18. The relevant age is generally the person’s age at the time of the alleged offence.
Young people have constitutional protections when dealing with police, and the YCJA establishes additional requirements concerning statements made by young persons. A young person should understand their rights and obtain legal advice before deciding whether to provide a statement.
The YCJA provides specific protections regarding statements and consultation with counsel and appropriate adults. The precise rights and procedures depend on the circumstances. If police want to question a young person about an alleged offence, obtaining legal advice before the interview is important.
Charges can be withdrawn in appropriate circumstances, but the decision is generally made by the Crown rather than the accused or complainant. The evidence, seriousness of the allegations, young person’s history and available resolution options can all be relevant.
Potentially. The YCJA places significant emphasis on extrajudicial measures, particularly for non-violent offences involving young people without previous findings of guilt. Eligibility depends on the circumstances.
Yes, but pre-trial detention of young people is governed by specific YCJA requirements. The court must consider the statutory criteria rather than treating youth detention in exactly the same manner as adult detention.
Yes. Youth custody is available in cases meeting the requirements of the YCJA, although the legislation restricts when custodial sentences can be imposed.
Potentially, in a sufficiently serious case. The Attorney General may apply for an adult sentence for an offence committed after the young person reached age 14 where the statutory requirements are met. An adult sentence is not automatic.
Not necessarily. Youth records are governed by specific access periods under the YCJA. The period depends on how the case was resolved and can be affected by subsequent offences. Turning 18 does not automatically erase the record.
The YCJA provides significant restrictions on publishing information that identifies young people dealt with under the Act. Exceptions exist, including circumstances involving adult sentences.
A youth charge can involve police statements, release conditions, court proceedings, potential findings of guilt and record consequences. Obtaining legal advice through a Criminal Lawyer early can help the young person and their family understand the process, available defences and potential resolution options.
A criminal charge at a young age can create significant uncertainty for both the young person and their family. Canada’s youth justice system provides protections and opportunities that differ from the adult system, but those protections do not mean a criminal charge should be taken lightly.
Understanding the evidence, the young person’s rights, potential extrajudicial options and the long-term consequences of different outcomes can be important from the beginning of the case.
De Boyrie Law represents young people facing criminal allegations under the Youth Criminal Justice Act.
Call (647) 931-0248 or request a free consultation to discuss a youth criminal charge.
Our team will answer your questions and talk you through potential next steps.
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