Youth Criminal Lawyers in Toronto

The YCJA applies to anyone who was between the ages of 12 and 17 at the time of the alleged offence. A person under 12 cannot be charged with a criminal offence in Canada. A person who was 17 when the offence occurred but turns 18 before trial still proceeds through youth court. Age at the time of the offence is what matters, not age at the time of the court appearance.

Youth cases are heard in designated Youth Courts with judges who sit specifically for youth matters. Hearings are generally open, but a judge can exclude members of the public where the evidence would be seriously harmful to the young person or to a child witness or victim, and the young person’s parents and lawyer can never be excluded. Publication bans protect the identity of the young person. The atmosphere differs from adult court — the focus is on rehabilitation and accountability rather than punishment alone.

Several procedural protections distinguish youth cases from adult proceedings:

Parental notification. Police must notify a parent or guardian that the young person has been charged before the case can proceed. If written notice is not given, the case cannot go ahead unless a parent comes to court or a judge orders notice or dispenses with it. Parents have the right to be present throughout the process.

Enhanced right to counsel. Before a young person can waive their right to a lawyer or provide a statement, additional safeguards apply. Statements taken without proper compliance with the YCJA's requirements are generally inadmissible.

Bail. The YCJA makes it substantially easier for young people to obtain bail, particularly for non-violent offences. Detention before trial is treated as a last resort.

Diversion. The YCJA requires police and prosecutors to consider alternatives to prosecution — including warnings, cautions, and extrajudicial sanctions — before bringing a charge to court. Since July 2026 the Act spells out the prosecutor’s duty expressly, for cases already under way as well as new ones.

Sentencing. The sentencing principles in youth court emphasize proportionality and rehabilitation. Custody is reserved for the most serious cases. The range of non-custodial options is far broader than what is available in adult court.

No. It is an offence to publish anything that would identify a young person dealt with under the Act, and the same protection covers child victims and witnesses. The ban is lifted if the young person receives an adult sentence, in rare cases where a judge allows police to publish to help find a young person who is a danger to others, or if the young person chooses to speak publicly after turning 18.

Not before getting legal advice. A young person has no obligation to make a statement, and has the right to speak with a lawyer and a parent or other adult first and to have them present. Parents should call a lawyer before a child goes to a police interview, even as a witness.

The YCJA imposes strict requirements on how police may take statements from young people. Before a young person can provide a statement, the police must clearly explain their right to silence and their right to consult with a lawyer and a parent or other appropriate adult. The young person must have a reasonable opportunity to actually exercise those rights before any questioning begins.

Statements taken in violation of these rules are inadmissible. This is one of the most powerful protections the YCJA provides, and it is an area where experienced defence counsel can make a decisive difference — both in challenging statements already given and in advising young people before they speak with police.

There are narrow exceptions. A young person can give up the right to consult, but only on video or audio or in a signed written waiver; something blurted out spontaneously before police could explain the rights may be admitted; and a judge can admit a statement despite a purely technical slip if doing so would not undermine the young person’s enhanced protections.

Only in limited cases. A young person can be detained only if charged with a serious offence or with a history of charges or findings of guilt, and only if the Crown shows that no release conditions would do. Custody cannot be used because a young person needs housing, mental health care or child protection services.

Extrajudicial measures are alternatives to formal prosecution. They include police warnings, cautions, and referrals to community programs. No court appearance is required and no criminal record results. Police may keep a note of the measure, but it can be seen only by police, the Crown and those deciding on a future measure, and it can never be used in court to prove past offending.

Extrajudicial sanctions (EJS) are a more structured alternative. The young person acknowledges responsibility for the offence and completes conditions — often community service, an apology letter, a donation, or participation in a program. Once the conditions are met, the charge does not proceed. An EJS record exists but is not a criminal conviction and is not accessible in the way a criminal record is. It can be accessed only for two years after the young person agrees to the sanction.

A skilled defence lawyer can often persuade the Crown to divert a case to extrajudicial sanctions where the charge would otherwise proceed to trial.

Youth court judges have a wide range of sentencing options, including:

• Reprimand — a judicial warning with no further conditions.
• Absolute discharge — a finding of guilt with no penalty; the record closes one year after the finding.
• Conditional discharge — similar, but with conditions attached.
• Probation — up to two years of community supervision with tailored conditions.
• Community service — unpaid work in the community. Up to 240 hours, completed within 12 months.
• Intensive support and supervision — a more structured form of probation.
• Deferred custody and supervision — a custodial sentence served in the community under strict conditions, similar in concept to a conditional sentence for adults. It can last up to six months and is not available where the young person caused or tried to cause serious bodily harm.
• Custody and supervision — reserved for the most serious offences or where non-custodial options have failed.

A court can also order a fine of up to $1,000, compensation or restitution, or attendance at a non-residential program. The YCJA explicitly directs judges away from custody except where it is necessary. For most first-time, non-violent offenders, a non-custodial outcome is both realistic and expected.

Youth records are treated very differently from adult records. They are not publicly accessible and are subject to access periods that vary by the type of sentence received. Once the access period expires, the record is effectively sealed — it will not appear on a standard criminal record check. For more detail on this process, see our article on sealing a youth court record.

However, during the access period, the record can affect employment in certain fields, immigration applications, and travel to the United States. If the young person commits an offence as an adult, the youth record can be considered by the court. And if the adult conviction comes while the youth record is still open, the youth record becomes part of the adult record. The goal of early defence involvement is to either avoid a finding of guilt entirely or to secure a disposition that minimizes the access period and long-term impact.