How youth cases are different
The Youth Criminal Justice Act applies to anyone who was 12 to 17 when the offence happened, even if they've turned 18 since. Youth cases are heard in youth court. The law focuses on rehabilitation and on consequences that fit the young person, and the identity of a young person charged or found guilty generally can't be published.
Extra protection when police ask questions
A young person's statement to police can generally only be used in court if police explained their rights in language they understand, and gave them a real chance to speak to a lawyer and to a parent or another adult before answering. These rules are stricter than for adults, and we look closely at whether they were followed.
Diversion: dealing with it outside of court
For less serious offences, especially first ones, the law encourages police and the Crown to deal with the case outside of court. Police can give a warning or caution, or refer the young person to a program. The Crown can offer extrajudicial sanctions, which usually involve completing conditions such as an apology, community service or counselling. When the sanction is completed, the charge is withdrawn or dismissed.
Diversion isn't automatic, and a lawyer's input can make the difference, for example by showing the Crown what the young person has already done to make things right.
Youth sentences
If a young person is found guilty, youth sentences range from a reprimand or a discharge to probation, community service, restitution and, for serious cases, custody and supervision. For the most serious offences committed at 14 or older, the Crown can ask the court to impose an adult sentence. That's rare, but it's one reason serious youth charges need experienced defence from the start.
Youth records don't last forever
Youth records can only be accessed for a set period. After that, they generally can't be disclosed or used. The periods include:
- Extrajudicial sanctions: 2 years from when the young person agreed to the sanction
- Absolute discharge: 1 year from the finding of guilt
- Conditional discharge: 3 years from the finding of guilt
- Summary offence: 3 years after the youth sentence is completed
- Indictable offence: 5 years after the youth sentence is completed
A new offence during the access period can extend it, and an offence committed as an adult during that time can make the youth record part of an adult record. That's why staying out of trouble afterwards matters so much.
If your child isn't a Canadian citizen
In most cases, a finding of guilt under the Youth Criminal Justice Act doesn't make a young person inadmissible to Canada the way an adult conviction can. An adult sentence is different. If your child is a permanent resident, a student or on a visitor record, tell us, and we'll check how the case could affect their status.
Talk to a criminal defence lawyer in Mississauga today
The earlier we're involved, the more options you have. We answer calls after hours, so call now or request a call back.
Frequently asked questions
Will my child have a criminal record?
Not an adult criminal record. Youth records are kept separately and can only be accessed for limited periods, after which they generally can't be disclosed. Diversion avoids a finding of guilt altogether.
Can I be in the room when police question my child?
A young person has the right to consult a parent or another adult and a lawyer before giving a statement, and to have them present if they choose. Our advice is for your child not to give a statement until they've spoken to a lawyer.
Will the school find out?
Youth court records are confidential, but schools sometimes learn about incidents in other ways, particularly if it happened at school. School discipline is a separate process.
My child turned 18 after the incident. Does youth law still apply?
Yes. What matters is the age at the time of the offence.
Do parents have to attend court?
Parents are usually notified and are encouraged to attend. The court can order a parent to attend if it thinks that's necessary.
Do you accept Legal Aid certificates?
We consider Legal Aid Ontario certificates on a case-by-case basis. Tell us when you call if you have a certificate or have applied for one.
Can we speak in Urdu, Hindi or Punjabi?
Yes. We meet with families in English, Urdu, Hindi and Punjabi.
Related guides
Other charges we handle
This page is general information about Ontario law, not legal advice, and reading it doesn't create a lawyer–client relationship. Laws change, so please speak with us about your situation. Read our full disclaimer.