Youth Criminal Justice

The YCJA has strong privacy provisions. Publication of the young person's identity is generally prohibited, and access to the youth record is heavily restricted. We invoke these protections at every stage.

Only on Crown application under s. 64, and only for serious offences (murder, manslaughter, aggravated sexual assault). The Crown bears the onus to displace the presumption of a youth sentence. We defend these applications vigorously.

These are routinely incorporated into youth resolutions — both as part of extrajudicial sanctions and as part of probation orders. We work with families to identify appropriate programs and structure their use within the file.

Youth records are treated differently from adult records: they are subject to strict access rules and access periods, after which they are generally sealed or destroyed. Careful handling — and resolutions like extrajudicial measures — can keep a youthful mistake from following a young person into adulthood.

The Youth Criminal Justice Act imposes strong privacy protections, including publication bans on identifying a young person. This is one of several ways the youth system differs from adult court.

They are alternatives to formal prosecution — such as warnings, cautions, or referrals to a program — used for less serious youth matters. A successful extrajudicial resolution avoids a finding of guilt.

Twelve. Under section 13 of the Criminal Code, no one can be convicted for anything done before age 12, and young people aged 12 to 17 at the time of the alleged offence are dealt with under the Youth Criminal Justice Act rather than as adults. Age at the time of the offence governs, so a person charged after turning 18 for something done at 16 is still dealt with in youth court.

Police can ask, but strict rules apply. Under section 146 of the Youth Criminal Justice Act, a young person’s statement is generally admissible only if it was voluntary, the officer clearly explained the youth’s rights in age-appropriate language, and the youth had a reasonable opportunity to consult a lawyer and a parent or other adult — and to have them present — unless that right was validly waived in writing or on recording. Teach your child to ask for a lawyer first.

For most offences, the maximum custody and supervision sentence under the Youth Criminal Justice Act is two years, rising to three years for offences that carry life imprisonment for adults. For murder, the maximum youth sentence is 10 years for first degree (up to six in custody) and seven years for second degree (up to four in custody). Most youth sentences are served in the community, and the Crown must apply separately to seek an adult sentence.

Not automatically, but police must notify a parent of a young person’s arrest or charge under section 26 of the Youth Criminal Justice Act, and a judge can order a parent to attend under section 27 if their presence is necessary or in the young person’s best interests. In practice, a parent’s attendance helps at bail and sentencing, because the court looks closely at supervision and support at home. Aaron M. Spektor keeps parents informed throughout.