Young offenders in Canada are subject to a unique legal system designed to address criminal behaviour while promoting accountability, rehabilitation, and reintegration into society. If your child or a young person you care about is facing criminal charges, understanding how the Canadian youth justice system operates is critical to protecting their rights and future.
This guide provides a comprehensive overview of how Canada defines and handles youth crime, what families can expect at each stage of the process, and how legal representation plays a pivotal role in achieving the best possible outcome.
Who Is Considered a Young Offender in Canada?
In Canada, a young offender is a person who is between the ages of 12 and 17 at the time of the alleged offence. Children under the age of 12 cannot be charged with a crime, while those aged 18 or older are considered adults in the eyes of the criminal justice system.
The legal framework governing young offenders is the Youth Criminal Justice Act (YCJA), which came into effect in 2003. The YCJA replaced the former Young Offenders Act and was designed to strike a better balance between protecting the public and giving youth a meaningful chance at rehabilitation.
What Is the Purpose of the Youth Criminal Justice Act?
The YCJA recognizes that young people differ from adults in terms of development, maturity, and capacity for change. As a result, it establishes a legal process that emphasizes:
- Rehabilitation and reintegration
- Fair and proportionate accountability
- Reduced reliance on custody
- Timely and meaningful consequences
- Support for reintegration into the community
The YCJA also limits the use of detention and promotes alternatives to incarceration, especially for first-time or non-violent offenders.
Common Offences Committed by Young Offenders in Canada
Young offenders may be charged with a wide range of criminal offences. Some of the most common include:
- Theft and shoplifting
- Assault (including fights at school or in public)
- Drug possession or trafficking
- Mischief or vandalism
- Robbery
- Uttering threats
- Weapons-related offences
- Break and enter
While some of these may seem minor, they can still carry serious consequences and must be addressed strategically to protect the youth’s future.
How the Youth Justice Process Works in Canada
1. Police Involvement
Police officers who believe a youth has committed a crime can choose from several responses:
- Issue a warning or caution
- Refer the youth to extrajudicial measures (e.g., counselling, community programs)
- Lay formal charges, which trigger a court process
Police must notify a parent or guardian when a youth is arrested or charged.
2. Court Process
If formal charges are laid, the young person will attend youth court, a specialized branch of the provincial court system. The youth will have the right to:
- Be informed of the charges
- Remain silent
- Have legal representation
- Have a parent or responsible adult present
The court will determine whether the youth is guilty, and if so, what sentence should be imposed under the YCJA.
3. Bail Conditions
After an arrest, the youth may be released with conditions or held for a bail hearing. Release conditions could include:
- Curfews
- No-contact orders
- Living at a specific residence
- Attending school or counselling
The goal is to avoid unnecessary detention while ensuring court attendance and public safety.
4. Sentencing and Youth Records
If a youth is found guilty, the judge will consider a range of sentencing options such as:
- Reprimands
- Community service
- Probation
- Fines or restitution
- Deferred custody
- Open or secure custody
Youth criminal records do not last forever, but they can impact travel, education, employment, and immigration status. In most cases, records are automatically sealed three to five years after the sentence is completed—provided the youth does not reoffend.
Youth Rights Under Canadian Law
Young offenders are granted several critical rights under the YCJA and the Canadian Charter of Rights and Freedoms, including:
- The right to silence during police questioning
- The right to consult a lawyer
- The right to have a parent or responsible adult present
- The right to a fair and timely trial
- The right to access and respond to evidence
These protections are in place to ensure that young people are treated fairly and have an opportunity to understand the legal process.
The Role of Parents and Guardians
Parents play an essential role in supporting young offenders through the justice system. Their responsibilities often include:
- Attending court appearances
- Helping the youth follow bail or probation conditions
- Participating in community or rehabilitation programs
- Monitoring behaviour and encouraging positive change
Courts may also consider a parent’s involvement when determining the appropriate sentence or release conditions.
The Importance of Legal Representation
A youth criminal defence lawyer can make a significant difference in the outcome of a case. A lawyer will:
- Ensure that the youth’s rights are protected
- Challenge the evidence presented by the Crown
- Negotiate for diversion or reduced charges
- Advocate for non-custodial sentencing
- Help avoid or minimize the impact of a youth record
In many cases, effective legal representation can result in alternatives to conviction, such as community-based resolutions or restorative justice approaches.
Schedule a Free Consultation With Lichtman Law
Dealing with criminal charges at a young age is a stressful and confusing experience—for both the youth and their family. At Lichtman Law, we are dedicated to helping young people navigate the youth justice system with clarity and compassion.
If your child is facing charges as a young offender in Canada, we’re here to help. Our experienced legal team will explain the process, protect your child’s rights, and work to secure the best possible outcome—so your family can move forward with confidence.
Schedule a free consultation today to speak with a youth criminal defence lawyer who understands what’s at stake.