Your child has been charged with a crime. A charge is not a conviction.
A youth case in Ontario does not work the same way as an adult criminal case. The Youth Criminal Justice Act gives young people added protections and puts real weight on rehabilitation. This guide explains what happens next, so you know what to expect.
Disclaimer: This article reflects general legal information based on Ontario and Canadian law. It is not legal advice. Every case is unique, and you should consult a qualified criminal defence lawyer about your specific situation.
Police may frame a statement as your teen's chance to explain what happened. An invitation to "explain what happened" is still part of a police investigation, and what your teen says may become evidence. Under the YCJA, your teen has a personal right to speak with a lawyer, and statements to police are subject to additional safeguards that do not apply in the same way to adults. Encourage your teen to ask for a lawyer before deciding whether to answer questions or give a statement.
For a broader explanation of detention, the right to counsel, the right to remain silent, and police questioning, see our Charter Rights During Arrest And Police Questioning In Ontario guide.
If your teen was released rather than held, there will be paperwork. Depending on how the release occurred, that may include an appearance notice, undertaking, summons, or release order. Read every condition carefully and note the next court date immediately.
The YCJA generally prohibits publication that identifies a young person as someone being dealt with under the Act. Separate protections apply to a child or young person who is a victim or witness. Social-media posts, photographs, screenshots, and seemingly minor details can identify someone indirectly, so parents should avoid publishing case information without legal advice. Limited statutory exceptions exist, including an emergency police-publication power that took effect on July 15, 2026.
The Youth Criminal Justice Act applies to anyone who was at least 12 but under 18 years old when the alleged offence occurred. If your child is now 18 or older but the offence happened while they were younger, the case is still handled under the YCJA. A child under 12 cannot be convicted of a criminal offence for conduct committed before age 12. Serious behaviour involving a younger child may instead lead to responses outside the criminal prosecution system, including family, school, child-welfare, health, or community intervention depending on the circumstances.
Parliament built a criminal justice system for young people that is separate from the adult system, based on the recognition that young people are less morally blameworthy than adults, with rehabilitation and reintegration central to the process. That does not mean youth cases are treated lightly. It means accountability is measured differently, in a way that reflects a teenager's age and maturity.
Even though you are the one arranging a lawyer, and likely paying for one, the lawyer represents your teen, not you. Every young person already has the same Charter right to counsel that applies to adults on arrest or detention, and the YCJA adds to that: your teen must be told, without delay, of the right to retain and instruct counsel, and given a real opportunity to use it. Parents play an important, legally recognized role, but it is a supporting one.
The law does not give a simple yes or no answer. Statements a young person makes to police or another person in authority receive additional protection under the YCJA. Before a covered statement can generally be admitted, it must be voluntary, and the young person must be clearly told, in language appropriate to their age and understanding, that they do not have to make a statement, that anything they say may be used as evidence, and that they have the right to consult a lawyer and a parent or other qualifying adult. They must be given a reasonable opportunity to obtain those consultations and, where they consult someone, a reasonable opportunity to make the statement in that person's presence unless the young person chooses otherwise.
The law does not require a parent to be present for every conversation between police and a young person, but it does require notice in specific circumstances. If your teen is arrested and detained pending a court appearance, police must notify a parent as soon as possible, including where the teen is being held and why. If your teen is instead released with a summons, appearance notice, or undertaking, written notice to a parent is also required. If a parent cannot be located, notice can go to another adult relative or a responsible adult known to your teen.
When a court imposes conditions in a youth release order, those conditions must be necessary for attendance in court or public safety, reasonable in light of the alleged conduct, and conditions the young person can reasonably be expected to follow.
Youth detention before trial is restricted by law. It generally requires a recognized justification for detention and a finding that no combination of release conditions would adequately address the court's concern. The Crown carries the burden of establishing that detention is necessary.
When a young person is held for a court appearance, release can become one of the first urgent issues in the case. Sanctuary Lawyers provides Bail Hearings representation, including preparation of release plans and representation where release is contested.
For a broader explanation of release hearings, sureties, release plans, and what happens before a justice, see our Ontario Bail Hearing Explained guide.
In some circumstances, a young person who would otherwise be detained can be released into the care of a responsible person who is willing and able to supervise them, provided the youth is also willing to be supervised that way. This is worth raising with a lawyer, but a parent's willingness alone does not automatically entitle a youth to release.
For a closer look at how Ontario courts assess release plans and the practical issues that can arise at bail, see Understanding R. v. A.K. And Ontario Bail Hearings.
Before starting court proceedings, a police officer is required to consider whether taking no further action, giving a warning, using a formal caution program, or referring your teen to a community program would be enough. However, a failure to consider those alternatives does not automatically invalidate a later charge.
Once a charge has been laid, a more formal option called an extrajudicial sanction may still be available. It generally requires that your teen accept responsibility for the conduct, freely consent to the sanction, have had the chance to consult a lawyer, and that there be enough evidence to otherwise proceed. A sanction cannot be imposed on a teen who denies the allegation or wants the matter dealt with in court.
The YCJA presumes that extrajudicial measures are adequate for a non-violent offence where the young person has not previously been found guilty of an offence. That is a presumption, not a guarantee. Ontario's Crown prosecution policy excludes certain offences from extrajudicial sanctions altogether and places additional restrictions on others. The specific charge, evidence, prior history, and circumstances all affect whether diversion is realistically available.
The first court date is a procedural step, not a trial. Your teen's lawyer will typically request disclosure, meaning the evidence the Crown intends to rely on, and use the appearance to confirm release conditions and set a timeline. Once the lawyer has reviewed the disclosure, there may be discussions with the Crown about how the case could resolve, including withdrawal or a resolution short of trial. If the matter proceeds to trial, the Crown must prove the charge beyond a reasonable doubt. Until then, a charge remains an allegation.
Youth proceedings are governed by their own statutory rules, but they remain criminal cases requiring careful review of disclosure, evidence, Charter issues, and possible resolutions. Our broader Criminal Law Services page explains the criminal defence work Sanctuary Lawyers provides across Ontario.
Youth court has a wide range of sentencing options, including a reprimand, an absolute or conditional discharge, a fine of up to $1,000, restitution, community service, and probation of up to two years. The court has to consider every reasonable alternative to custody, and parents can make representations before a youth sentence is imposed.
Custody is restricted under the YCJA, not eliminated. It generally requires a recognized statutory gateway, and the court must still consider less restrictive alternatives. Effective July 15, 2026, Bill C-14 expanded the YCJA definition of "violent offence" to include offences in which a young person causes bodily harm and offences involving the use or trafficking of a firearm. Other statutory custody gateways can also apply depending on the offence and the young person's history.
The phrase "tried as an adult" does not accurately describe how the YCJA works. The proceeding remains governed by the youth justice regime, but qualifying cases can involve different modes of trial, including trial by a judge alone or by a judge and jury. In qualifying cases, the Crown can also apply for an adult sentence where the offence was committed at age 14 or older and an adult convicted of that offence would face a maximum punishment of more than two years. The Crown must satisfy a two-part test: it must rebut the young person's presumed diminished moral blameworthiness beyond a reasonable doubt, and the court must also be satisfied that a youth sentence would not be long enough to hold the young person accountable. The seriousness of the offence alone does not decide the first question.
Turning 18 does not close a youth record. Access periods are tied to the outcome of the case and, in most cases, to when the sentence is completed, not to a birthday.
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| Outcome | Typical Access Period |
|---|---|
| Extrajudicial sanction | 2 years after the young person consents to the sanction |
| Absolute discharge | 1 year from the finding of guilt |
| Conditional discharge | 3 years from the finding of guilt |
| Summary conviction offence | 3 years after completing the youth sentence |
| Indictable offence | 5 years after completing the youth sentence |
These are common examples, not every access period set out in the YCJA. A later youth finding of guilt can extend certain access periods, particularly those arising from summary or indictable findings of guilt, and the result depends on the later offence. Once the applicable period ends, further use and disclosure of the record generally becomes prohibited, subject to statutory exceptions, though that is not the same as every document being destroyed on the same day.
Usually not, if the only findings of guilt were under the youth justice system, since the YCJA has its own record-access rules. A special rule applies to certain youth conviction records, however. If the person is convicted of an offence committed as an adult while a record remains accessible under the summary or indictable youth conviction provisions in s. 119(2)(g) to (j), the YCJA's Part 6 protections cease to apply to that record and it is dealt with as an adult record.
A criminal charge and a school discipline matter are related, but they are not the same process. Ontario school discipline runs under the Education Act and school board policy, separately from the criminal case. A charge being withdrawn does not automatically resolve a school suspension, and a school suspension is not proof that the criminal allegation is true. Youth court information is not open for schools to access freely; disclosure to a school is limited to what is necessary for compliance with a court order, safety, or your teen's rehabilitation.
A youth criminal charge moves quickly, and decisions made in the first few days can shape the rest of the case. Through our Youth Offences defence service, we represent young people facing criminal charges and advise families on statements, release conditions, diversion, court proceedings, and long-term record consequences.
We review the disclosure as soon as it's available and assess whether extrajudicial measures are realistically on the table for the specific charge your teen is facing, not just in theory.
Where an adult sentence application becomes a possibility, we prepare accordingly from an early stage rather than waiting for it to become urgent. Throughout, your teen stays the client, and a free consultation is the easiest way to understand where things stand.
Here are answers to some of the most common questions we hear from parents.
A youth charge can feel overwhelming, but early legal advice can change how the case unfolds. If your teen has been charged, our team can review the charge and explain the options available.