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Defending Young Offenders in Toronto, Brampton, Newmarket, Milton, Hamilton and Barrie
Youth criminal matters operate under an entirely separate legal framework from adult cases. The Youth Criminal Justice Act (YCJA) governs every stage — from investigation and arrest through to sentencing and records. The stakes are different, the procedures are different, and the range of outcomes is wider. A lawyer who understands youth court can often achieve results that would not be available in the adult system, including complete avoidance of a criminal record.
Our lawyers regularly defend youth criminal charges across Ontario and appear in youth courts throughout the GTA including Toronto, Newmarket, Oshawa, Brampton, Milton, Hamilton, and Barrie.
Daniel Brown is among a small number of Ontario criminal lawyers certified as a specialist in criminal law by the Law Society of Ontario. He has successfully defended young people charged with offences ranging from shoplifting to serious violence. The firm is ranked among Canada's Top Criminal Law Boutiques by Canadian Lawyer Magazine, recognized by Best Lawyers, and named one of Canada's Best Law Firms for 2026 by The Globe and Mail.
Frequently Asked Questions About Youth Criminal Charges
Where do youth cases take place?
How are youth cases different from adult cases?
What are extrajudicial measures and extrajudicial sanctions?
What happens with youth statements to police?
What are the sentencing options in youth court?
Will a youth record affect my child's future?
Who does the YCJA apply to?
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.
Where do youth cases take place?
Youth cases are heard in designated Youth Courts with judges who sit specifically for youth matters. These proceedings are not open to the public in the same way adult cases are. Publication bans protect the identity of the young person, and access to the courtroom is restricted. The atmosphere differs from adult court — the focus is on rehabilitation and accountability rather than punishment alone.
How are youth cases different from adult cases?
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. 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 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.
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.
What are extrajudicial measures and extrajudicial sanctions?
Extrajudicial measures are alternatives to formal prosecution. They include police warnings, cautions, and referrals to community programs. No court appearance is required and no record results.
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.
A skilled defence lawyer can often persuade the Crown to divert a case to extrajudicial sanctions where the charge would otherwise proceed to trial.
What happens with youth statements to police?
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.
What are the sentencing options in youth court?
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 and no criminal record.
- 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.
- 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.
- Custody and supervision — reserved for the most serious offences or where non-custodial options have failed.
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.
Will a youth record affect my child's future?
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.
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. 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.
Related Charges
Young people can be charged with any criminal offence. The following pages cover charges that frequently arise in youth matters:
If your child has been charged with a criminal offence, act quickly. The earlier a defence lawyer is involved, the better the chance of keeping the matter out of court entirely. Call Daniel Brown Law at (416) 297-7200 to speak with our office.