Facing criminal charges as a youth in Canada triggers a legal process that operates under a distinct framework from the adult system. The process, known as youth court proceedings, is governed by the Youth Criminal Justice Act (YCJA) and is built on principles of rehabilitation, accountability, and reintegration—not punishment.
Understanding how youth court works is critical for young persons facing charges and their families. This guide walks you through the stages of youth court proceedings in Canada, your child’s rights, and how legal representation can influence the outcome.
What Is Youth Court?
Youth court is a division of the provincial or territorial court system that deals specifically with criminal charges laid against individuals aged 12 to 17 at the time of the alleged offence. These proceedings are conducted under the YCJA and follow special procedures that reflect the age and maturity of the accused.
The goals of youth court are:
- To hold youth accountable in a way that promotes rehabilitation and reintegration,
- To protect the public through appropriate sanctions,
- And to ensure that young people understand the consequences of their actions.
Key Differences Between Youth and Adult Court
While youth and adult courtrooms may look similar, there are significant legal distinctions in how proceedings are conducted for young people:
- Privacy protections: Youth court proceedings are typically not open to the public, and identifying information about the accused cannot be published.
- Focus on rehabilitation: Courts must consider alternatives to custody whenever possible.
- Supportive environment: Parents or guardians are expected to attend and participate in the process.
- Youth-specific sentencing options: Penalties are adapted to reflect the unique needs and circumstances of young offenders.
The Youth Court Process: Step by Step
1. The Arrest and Charging Process
When a youth is suspected of committing a crime, police may:
- Issue a warning or caution,
- Refer the youth to an extrajudicial measure (e.g., community program), or
- Lay formal charges and proceed to court.
Police must notify a parent or guardian upon arrest or charging.
2. First Appearance in Youth Court
The young person’s first appearance is often to hear the charges and enter a plea. A judge may also review bail conditions if the youth was released from custody or held for a hearing.
At this stage, it is strongly recommended to have a criminal defence lawyer present, as they can request disclosure, explain the process, and advise on plea options.
3. Disclosure of Evidence
The Crown will provide disclosure—this includes police reports, witness statements, and other evidence they plan to use in court. This allows the defence to assess the strength of the case and develop a legal strategy.
4. Pre-Trial Motions or Discussions
Before trial, the defence lawyer may:
- Challenge the admissibility of evidence,
- Request a diversion or alternative resolution,
- Negotiate a plea deal with the Crown.
5. The Trial
If no resolution is reached, the matter will proceed to trial. Youth court trials are typically presided over by a judge without a jury. The process includes:
- Examination and cross-examination of witnesses,
- Presentation of evidence,
- Legal arguments by both sides,
- A verdict by the judge.
6. Sentencing (If Found Guilty)
If the youth is found guilty or pleads guilty, the court will schedule a sentencing hearing. Sentences under the YCJA are tailored to youth and may include:
- Reprimands
- Fines
- Community service
- Probation
- Deferred custody and supervision
- Custody and supervision orders
The judge must consider the youth’s age, background, remorse, family situation, and the nature of the offence.
7. Appeals and Record Implications
In some cases, a conviction may be appealed. Youth criminal records are not permanent—they are typically sealed after a period of time, provided the young person does not reoffend. However, during the open period, a youth record can affect:
- Employment
- Travel
- Immigration status
- Educational opportunities
The Role of Parents and Guardians
Parents or guardians play a critical role in the youth court process. They are expected to:
- Attend all court appearances with their child,
- Support their child in complying with release conditions,
- Facilitate participation in court-ordered programs or services.
A supportive and involved parent can positively influence the outcome of the case and demonstrate to the court that the youth has a stable environment.
Common Youth Offences That Proceed to Court
While some youth offences are resolved through extrajudicial measures, the following are often dealt with in court:
- Assault
- Theft and shoplifting
- Drug possession
- Robbery
- Weapons offences
- Mischief or vandalism
- Break and enter
Each case is assessed based on the youth’s history, the severity of the offence, and the surrounding circumstances.
Youth Rights in Court
Young persons have several important legal rights during court proceedings, including:
- The right to remain silent,
- The right to legal counsel,
- The right to a fair trial,
- The right to have a parent or adult present during police questioning,
- The right to an interpreter if required.
A youth criminal lawyer ensures these rights are protected at every stage of the process.
Schedule a Free Consultation With Lichtman Law
Youth court proceedings can be intimidating and emotionally draining for both the accused and their families. However, the right legal support can make all the difference. At Lichtman Law, we focus on protecting young people’s futures and guiding families through every step of the process with compassion and clarity.
If your child is facing youth court proceedings in Canada, don’t navigate the system alone. Our team has deep experience in defending youth charges and negotiating outcomes that prioritize rehabilitation and long-term success.
Schedule a free consultation today to speak directly with a defence lawyer who understands the youth justice system and can help your family move forward.