Our criminal lawyers have extensive experience representing youths at all stages in the criminal process. Youth matters are dealt with quite differently than adults and have their own specific legislation known as the Youth Criminal Justice Act (YCJA).  

Key Concepts in Youth Offences

1. Youth Criminal Justice Act (YCJA):

• • • The YCJA is the federal legislation that governs the handling of youth offences in Canada. It aims to protect the rights of young offenders while promoting their rehabilitation and reintegration into society.

2. Age of Accountability:

• • • The YCJA applies to individuals between the ages of 12 and 17. Children under 12 cannot be charged with criminal offences under Canadian law.

3. Extrajudicial Measures:

• • • The YCJA encourages the use of extrajudicial measures, such as warnings, cautions, and referrals to community programs, as alternatives to formal court proceedings. These measures aim to address the underlying causes of offending behavior and provide support to young offenders.

Rights of Young Offenders

1. Right to Legal Counsel:

• • • Young offenders have the right to legal representation throughout the court process. It is essential to seek the advice of a qualified lawyer who specializes in youth criminal justice to ensure that the youth’s rights are protected.

2. Right to Privacy:

• • • The YCJA provides for the protection of the privacy of young offenders. Publication bans are typically in place to prevent the disclosure of the youth’s identity and related court proceedings.

3. Right to Be Heard:

• • • Young offenders have the right to participate in their defence and be heard by the court. This includes the opportunity to present evidence, cross-examine witnesses, and make submissions.

Youths who are subject to the criminal justice system are treated very differently when compared to their adult counterparts. Youths are often viewed as immature, inexperienced, and fail to recognize the implications and consequences of their actions. In addition, society has a higher interest in rehabilitating youths and as such the YCJA is heavily focused on rehabilitation when compared to the Criminal Code. This is also the reason why custodial sentences (jail) are used as a last resort. Jail sentences are not common and only used to protect the public when the offence involves violence.

Youths also have enhanced rights under the YCJA and these enhances rights commence from the moment you are arrested as youths have the right to have a parent and/or the lawyer present while being questioned by the police.

Our Criminal Lawyers have successfully defended youths with a wide array of offences including Robbery with a firearm, Robbery, domestic assault, assault with a weapon, drug related offences, driving related offences, weapon related offences, and many more.

For more information about youth related offences please visit our FAQ page.

To contact a Toronto Criminal lawyer that specializes in representing youths call our office for immediate assistance at 647-352-BAIL (2245).