When a young person is arrested and charged with a criminal offence in Canada, one of the most urgent legal issues that follows is bail—whether the youth will be released or kept in custody while their case moves through the justice system. Understanding how youth bail works under Canadian law is essential for parents, guardians, and youth involved in the process.
This guide explains the fundamentals of youth bail, how it differs from adult bail, and what steps families can take to ensure the best possible outcome.
What Is Youth Bail?
Bail refers to the legal process that determines whether someone who has been charged with a crime can be released from custody while they await trial. For young persons between the ages of 12 and 17, bail procedures are governed by the Youth Criminal Justice Act (YCJA), which sets out specific rules that reflect the age and developmental stage of the accused.
Youth bail is designed to balance three objectives:
- Protecting public safety
- Ensuring the young person attends court
- Preserving the young person’s right to be presumed innocent until proven guilty
The YCJA emphasizes that detention should be a last resort for youth and that young people should not be detained simply because there is no suitable home or guardian available.
The Youth Bail Process
1. Arrest and Release at the Scene
In many minor cases, police may choose not to hold the youth for a bail hearing and instead issue a promise to appear, a summons, or another form of release. This means the youth will not be taken into custody but will be released on scene with a court date. The youth can then remain at home until their matter has finished moving through the criminal court system.
2. Detention and Bail Hearing
If the youth is arrested and held for bail, they must be brought before a youth justice court judge or justice of the peace within 24 hours. At this stage, a bail hearing will be held to decide whether the youth should be released or remain in custody until their trial.
3. The Crown’s Position
Depending on the nature of the offence and the youth’s history, the Crown may or may not consent to the youth’s release. If the Crown opposes release, they must justify detention under one or more of the following grounds:
- Primary ground: The youth is unlikely to attend court.
- Secondary ground: The youth poses a risk to public safety or is likely to commit further offences.
- Tertiary ground: Detention is necessary to maintain confidence in the administration of justice (used in serious or violent cases).
4. Release Conditions
If bail is granted, the youth will be released under certain conditions. These may include:
- Living at a specific address (often with a parent or guardian)
- Attending school or work
- Following a curfew
- Avoiding contact with certain people (e.g., co-accused or alleged victim)
- Abstaining from drugs or alcohol
- Attending counselling or other support programs
A parent or responsible adult may also be required to act as a surety, taking responsibility for supervising the youth and ensuring they follow bail conditions.
How Is Youth Bail Different from Adult Bail?
While the bail process for adults and youth shares some similarities, the YCJA introduces key differences to account for the vulnerability and unique needs of young people:
- Detention is discouraged: The law is clear that pre-trial detention should only occur in limited situations.
- Rehabilitation is a priority: Judges consider how detention or release supports the youth’s rehabilitation and reintegration.
- Parental involvement is essential: Courts often expect parents or guardians to play a supervisory role in the youth’s release plan.
- Youth-specific court process: Bail hearings for youth are conducted in youth court, which uses different procedures and protections from adult court.
What Happens If Bail Is Denied?
If bail is denied, the youth will be held in a youth custody facility while they await trial. These are separate from adult jails and are designed with age-appropriate supports, but they are still restrictive environments.
The youth’s lawyer may later request a bail review in a higher court if new information becomes available or if there was an error in the original decision.
Can Youth Bail Be Revoked?
Yes. If a youth breaches any of their bail conditions, they may be re-arrested and brought back before the court. This could result in:
- Stricter conditions being imposed
- Bail being revoked altogether
- New criminal charges (e.g., failure to comply)
It is critical that youth and their families understand all conditions and take them seriously.
How a Criminal Defence Lawyer Can Help
Navigating a youth bail hearing can be overwhelming for families. A defence lawyer with experience in the youth justice system can:
- Advocate for release during the bail hearing
- Propose a strong release plan to the court
- Negotiate with the Crown to minimize conditions
- Guide parents and youth on how to comply with bail terms
- Request a bail review if necessary
Because first impressions matter, especially at the bail stage, having skilled legal representation can make a significant difference in securing a release and protecting the youth’s future.
Schedule a Free Consultation With Lichtman Law
A youth bail hearing is often the first major step in the youth criminal justice process—and one of the most important. Whether your child is facing charges for the first time or has previous interactions with the law, acting quickly and strategically can help prevent unnecessary detention and long-term consequences.
At Lichtman Law, we have years of experience defending young people across Canada. We understand the complexities of youth bail and are committed to helping families navigate the system with confidence and compassion.
Contact us today for a free consultation and take the first step in protecting your child’s future.