How Does the Youth Criminal Justice Act Work in Ontario?
The Youth Criminal Justice Act is federal legislation dealing with how the courts should handle criminal acts alleged to have been committed by youth aged 12 to 17 years.
While the Criminal Code applies to both adults and youth, the YCJA outlines certain procedures, safeguards, and sentencing principles applicable only to youth.
The legislation acknowledges that young persons are still in the process of growing up, and their decision-making faculties are still underdeveloped.
For instance, a 15-year-old youth alleged to have committed an act of shoplifting may be given the chance to enrol in a community-based program instead of going through a complete criminal procedure. The situation of an adult in such a case will be different.
This does not imply that the youth justice system does not take into account the gravity of criminal behaviour. The court is required to take into account the issue of public safety, nature of the crime, and the extent of responsibility of the youth.
The YCJA also takes into account the interests of the victim, particularly his or her right to get information and be involved in relevant proceedings.
What Age Does the Youth Criminal Justice Act Apply To?
The law applies when a person was between 12 and 17 years old at the time of the alleged offence.
| Age at the time of the offence | Criminal justice treatment |
|---|---|
| Under 12 | Cannot be charged with a criminal offence |
| 12–17 | Generally handled under the Youth Criminal Justice Act |
| 18 or older | Generally handled through the adult criminal justice system |
Children younger than 12 cannot be prosecuted under the Criminal Code. However, serious behavioural concerns may involve parents, schools, child protection agencies, or other support services.
What Happens If Someone Turns 18 Before Their Youth Case Is Finished?
It should be noted that turning 18 does not mean that a youth case is automatically transferred to the adult criminal justice process.
The age of the individual at the time of commission of the offence decides whether the YCJA will be applicable.
For instance, if the adolescent is charged at 17 but turns 18 prior to the trial, the case will continue to be processed using the youth justice process.
On the other hand, some serious offences committed by young offenders who are at least 14 years old could lead to an adult sentence application.
This means that Ontario youth criminal justice process requires particular care to both age and facts of the case.
What Happens When a Young Person Is Accused of a Crime?
A youth criminal investigation may come about through a number of ways. The police may respond to an occurrence at school; receive information from a member of the general public; or investigate a claim of theft, assault, mischief, or any other offence.
An investigation does not necessarily mean that there will be an arrest or charge.
The police need to assess if there are reasonable grounds for believing an offence has been committed. They also have a duty under the YCJA to consider other options than criminal proceedings.
Police Questioning, Arrest, and Legal Rights
There are many legal safeguards that youth are afforded during a police interrogation.
Specifically, s. 146 of the YCJA mandates specific obligations for statements taken from young persons by police officers or other individuals acting in an authority capacity.
In general, before taking a statement under these circumstances, police are required to advise the youth of their rights in accordance with their age and comprehension level.
These protections include the right to:
- Remain silent rather than answer questions about the alleged offence.
- Understand that statements may be used as evidence.
- Consult with a lawyer before making a statement.
- Consult with a parent or another appropriate adult.
- Have consulted persons present during questioning, subject to the applicable rules.
Can Police Question a Minor Without a Parent Present in Ontario?
Yes, but the circumstances matter.
It is not illegal for police to talk to a youth when a parent is not present. However, there are certain conditions under which some statements cannot be used as evidence.
The youth has to be given a reasonable chance to speak with a lawyer and a parent or another suitable adult.
The youth can waive certain rights to consultation and presence, but according to YCJA, the waiver has to be documented. There are also exceptions, such as spontaneous statements.
When a teen is detained by police prior to appearing in court, parents have to be notified as soon as possible, unless otherwise stated in the Act.
Parents need to know that the legal rights of their child belong to the young person. It is not possible for a parent to take all legal decisions on behalf of the child.
In case police contact your family regarding a criminal investigation, taking legal advice prior to making a statement is very important. This is also why understanding the risks of talking to police without a lawyer can be important.
Warnings, Diversion, and Extrajudicial Measures
Not every youth criminal allegation needs to proceed to court.
Extrajudicial measures are permitted under the YCJA by law enforcement and Crown prosecutors when dealing with specific types of offences that are not dealt with formally in court.
The goal of extrajudicial measures is to hold youth accountable for their actions and the reasons why they came to the attention of law enforcement.
Possible responses include:
- A police warning or caution.
- Referral to a community support program.
- Participation in counselling or educational activities.
- Community-based measures addressing the harm caused.
- Formal extrajudicial sanctions when the legal requirements are satisfied.
For instance, an adolescent aged 14 who is accused of vandalism can be recommended to a program that will deal with issues of responsibility, restitution, and preventing future crimes.
But this does not mean that the young person will automatically be enrolled in the program just because it is his/her first offence.
There are many other factors to consider.
What Happens If a Youth Does Not Complete a Diversion Program?
The result would entirely depend on the nature of such measures.
A formal extrajudicial measure requires that the youth takes responsibility willingly and is afforded an opportunity to seek legal counsel, among others.
If the youth fails to satisfy the requirements stipulated in the agreement, criminal prosecution can still go ahead.
Nevertheless, if there is satisfaction of all requirements under a formal extrajudicial sanction, it becomes mandatory for a court of law to drop any criminal charge related to the same offence after fulfilment of the specified conditions.
Youth Bail Hearings and Release Conditions
However, in the event of arrest, young offenders might be released by police without the need for them to go through a bail hearing.
This is determined according to the circumstances at hand, which might mean that some documents will be issued directing the young person to appear in court based on the particular conditions.
Otherwise, the young offender might be held for a bail hearing due to their particular circumstances. A Bail Hearing Lawyer can assist with issues relating to detention and release.
Some of the considerations a youth justice court will have to take into account when releasing a juvenile offender include legal criteria for detention, the nature of the charges, the criminal history of the child, among other public concerns. More information about how bail hearings work can help explain the release process.
What Conditions Can Be Imposed on a Young Person Awaiting Trial?
Depending on the circumstances, release conditions may include:
- Living at an approved address.
- Following a reasonable curfew.
- Avoiding communication with specified individuals.
- Staying away from certain places.
- Attending court when required.
- Remaining under the supervision of a responsible adult where legally appropriate.
There may be some conditions that might impact attendance at school or interaction with other students. In this respect, one might refer to a no-contact condition that will bar interaction between two offenders.
Such a measure creates a lot of practical problems for families of offenders. Parents have to deal with transport issues, talk about attendance with schools, or try to explain the conditions.
Nevertheless, each condition should be based on appropriate legislation. It cannot be imposed unnecessarily because someone is charged at the age of youth.
Amendments to YCJA that took place in 2026 introduced a new definition for violent offences that included some offences related to weapons use. This point can be relevant when it comes to particular charges.
Violation of conditions of release means more consequences, and the family should seek advice prior to any changes rather than allowing young people ignore some orders. Understanding bail release conditions can also help families understand why compliance is important.
How Does Youth Criminal Court Work in Ontario?
What Is Crown Disclosure in a Youth Criminal Case?
Disclosable information is the information that needs to be disclosed to enable the accused to make sense and respond to the allegations.
It may include police reports, statements by witnesses, photos, audio, video, and any other relevant information depending on the case at hand.
For instance, when an adolescent is charged with stealing items from a store, the disclosable information may include the statement by the security guard, surveillance video, and police report.
A lawyer can analyse the information and indicate what is lacking as well as determine whether the evidence makes the case.
The fact that the information has been provided does not necessarily mean that the youth is guilty.
Can Parents Attend Youth Criminal Court Proceedings?
Parents are usually expected to be involved in youth criminal justice processes.
They can go to court, assist the youth with the practical issues, and give information that is pertinent to the process.
At times, a youth justice court can call on a parent to attend court.
Nevertheless, youth court processes are not necessarily closed to the public. There are special confidentiality guidelines for protecting identity information, and judges have powers to bar people.
Parents are expected to refrain from disclosing details which could identify youth in a criminal process.
What Happens If the Youth Pleads Not Guilty?
Not guilty means that the burden of proof is on the Crown to prove the charges against the youth.
It might end in a trial in which the Crown would present its case and the defence would cross-examine the Crown’s allegations.
Witnesses can give evidence, tapes can be played, and it is up to the judge to rule if there was sufficient proof to convict.
There is no need for a young offender to prove his innocence.
Sometimes there is no trial, since charges are withdrawn, an alternative measure is found or there is a legal end to the proceedings.
Before pleading guilty to a crime the youth needs to think about the consequences carefully.
Pleading guilty can result in being sentenced and having the conviction noted on the youth’s record. Understanding the broader criminal court process can help families understand what may happen as a case proceeds.
What Penalties Can Young Offenders Face in Ontario?
What Sentences Are Available for Young Offenders?
Depending on the offence and circumstances, a youth justice court may impose:
| Youth sentence | What it generally involves |
|---|---|
| Reprimand | A formal warning from the court |
| Discharge | A finding of guilt followed by an absolute or conditional discharge |
| Probation | Following court-ordered conditions for a specified period |
| Community service | Completing unpaid work under an applicable court order |
| Restitution | Compensating for certain losses or property damage |
| Custody and supervision | Serving part of a sentence in a youth custody facility and part under community supervision |
Not every sentence is available or appropriate in every case.
Can a Young Person Go to Jail in Ontario?
Yes. Young people can receive custodial sentences, but youth custody is governed by strict statutory conditions.
Can a 14-Year-Old Receive an Adult Sentence?
Potentially, but an adult sentence is not automatic.
Under Section 64 of the YCJA, the Crown may apply for an adult sentence for an offence committed after a young person turned 14 if an adult would face a maximum imprisonment term exceeding two years for that offence.
Will a Youth Criminal Record Affect Your Future?
How Long Does a Youth Criminal Record Remain Accessible?
The following are common access periods under Section 119 of the YCJA.
| Outcome | General access period |
|---|---|
| Charge withdrawn or dismissed | Two months after the withdrawal or dismissal |
| Extrajudicial sanction | Two years after consent to the sanction |
| Absolute discharge | One year after the finding of guilt |
| Conditional discharge | Three years after the finding of guilt |
| Summary conviction offence with a youth sentence | Three years after the sentence is completed |
| Indictable offence with a youth sentence | Five years after the sentence is completed |
Other rules apply to acquittals, stayed charges, repeat offences, and some other cases.
For instance, if a youth who was 16 years old when convicted of an indictable offence completes his youth sentence at the age of 17, the record will be kept open for another five years under normal circumstances.
His reaching the age of 18 during that time does not necessarily mean the record is closed.
The youth record will become sealed or destroyed when the relevant period of keeping it accessible expires.
Who Can Access a Youth Criminal Record?
There is more privacy attached to youth records compared to the average criminal records held by adults.
There are limitations of access in place by the law that will allow certain authorised persons or organizations to access youth records for particular reasons.
This can involve the police, the court, the prosecutor, the youth, his lawyer, and some other individuals specified by the legislation.
Nonetheless, private employers cannot have access to youth justice records just on grounds of a request to conduct a background check.
Nevertheless, youth records can cause some challenges for certain employment situations.
Can a Youth Record Affect Employment, Education, or Travel?
The existence of a youth record will not automatically make it impossible for an individual to pursue a higher education, acquire employment or travel abroad.
The context is essential, however.
There may be jobs where some form of security check is required by government authorities or legally mandated, which may create new issues.
Going to another country can also be a problem since that other country will have its own admissions policies.
It is possible for information to become known by virtue of legally sanctioned information exchange or some other way.
The immigration officials of that other country may inquire into past criminal activity even if a Canadian youth record applies.
What Happens If Someone Commits Another Offence After Turning 18?
This matter is especially crucial.
In terms of YCJA, if the record in question falls within its access time and there is a conviction for a qualifying offence committed once the offender reaches the age of majority, it is liable to be governed by the laws relating to adult records.
In such circumstances, the treatment of the record would vary considerably.
It is for this reason that youth record protection should not be considered an eternal guarantee.
Legal Help for Youth Criminal Charges in Ontario
Juvenile criminal charges may impact the educational, familial and other future prospects of the minor in question. The procedure needs to take into account all the rights and age of the accused.
If your child is facing criminal charges in Ontario, a Young Offenders Lawyer can review the circumstances of the case. You can also review information about what happens after being charged with a crime and mistakes to avoid after an arrest. Contact Everstone Law to request a free consultation and discuss the circumstances of the case.