Can a young person be named publicly?

No, other than in narrow exceptions. The Youth Criminal Justice Act prohibits publication of information identifying a young person dealt with under the Act. The main exceptions are where an adult sentence is imposed, or where the court lifts the ban in defined circumstances.

Does a youth record disappear at eighteen?

Not automatically. The Act sets access periods that depend on the offence and the disposition, after which the record is generally no longer accessible. Turning eighteen does not end the access period, and committing an adult offence during the access period can cause the youth record to be treated as part of the adult record.

What are extrajudicial sanctions?

Extrajudicial sanctions are a formal diversion program under the Act for young persons who accept responsibility. On successful completion the charge is withdrawn or dismissed, so there is no finding of guilt. They are the preferred response for most first-time and less serious offences.

Criminal Defence Core

Youth Criminal Lawyer in Canada

A youth criminal lawyer defends charges under Youth Criminal Justice Act, S.C. 2002, c. 1. This page sets out what this area covers, the charges most often laid, the penalties and consequences on conviction and the defences that are commonly available, then lists criminal defence firms you can contact.

Youth Criminal Justice Act, S.C. 2002, c. 1·statute-specific offences

What Youth Criminal Justice Act covers in Canadian criminal law

The Youth Criminal Justice Act governs the prosecution of anyone who was twelve to seventeen years old at the time of the alleged offence. It is a separate statute with its own principles, its own sentencing regime and its own procedural protections, and it applies even if the young person has since turned eighteen.

Section 3 of the Act sets out principles that differ fundamentally from adult sentencing: the youth system is meant to be separate from the adult system, to emphasise rehabilitation and reintegration, and to impose meaningful consequences proportionate to the seriousness of the offence and the degree of responsibility of the young person. Denunciation and general deterrence are not sentencing objectives for youth.

Sections 25 and 146 give young persons enhanced procedural rights. A statement made to a person in authority is inadmissible unless the young person was clearly informed of the right to silence and the right to consult counsel and a parent or other adult, in language appropriate to their age and understanding, and was given a reasonable opportunity to exercise those rights. Compliance failures are a common and powerful defence.

Common charges in this area

The young person was at least twelve and under eighteen at the time of the alleged offence
The essential elements of the underlying Criminal Code or federal offence
Compliance with the statement requirements in section 146 where the Crown relies on a statement
Compliance with the notice and parental involvement provisions of the Act
Identity of the young person and the date and jurisdiction of the alleged offence

Penalties and consequences

Extrajudicial measures and extrajudicial sanctions that resolve the matter without a finding of guilt
Youth sentences under section 42, including reprimands, probation, community service and deferred custody
Custody and supervision orders, which are served in a youth facility with a mandatory community supervision portion
An adult sentence where the Crown succeeds on an application under section 64 for a serious violent offence
A youth record with access periods set by the Act, which can be reopened by a later adult conviction

Common defences

Exclusion of a statement for non-compliance with section 146
Charter breaches, with courts applying heightened scrutiny to the detention and questioning of young persons
All substantive defences available to an adult on the underlying charge
Diversion to extrajudicial sanctions, which avoids a finding of guilt entirely
Opposing a Crown application for an adult sentence under section 64
Section 11(b) delay, which the Supreme Court has recognised applies with particular force to young persons

Youth criminal lawyer: frequently asked questions

Can a young person be named publicly?: No, other than in narrow exceptions. The Youth Criminal Justice Act prohibits publication of information identifying a young person dealt with under the Act. The main exceptions are where an adult sentence is imposed, or where the court lifts the ban in defined circumstances.
Does a youth record disappear at eighteen?: Not automatically. The Act sets access periods that depend on the offence and the disposition, after which the record is generally no longer accessible. Turning eighteen does not end the access period, and committing an adult offence during the access period can cause the youth record to be treated as part of the adult record.
What are extrajudicial sanctions?: Extrajudicial sanctions are a formal diversion program under the Act for young persons who accept responsibility. On successful completion the charge is withdrawn or dismissed, so there is no finding of guilt. They are the preferred response for most first-time and less serious offences.

Find a youth criminal lawyer

Criminal defence firms listed on Criminal Lawyers Canada that identify Youth Criminal Justice Act among their practice areas. Featured listings appear first.