When a Teenager Is Charged in Ontario: What Parents Need to Know

By Robb MacDonald · Updated 21 October 2026

A teenager aged 12 to 17 charged in Ontario is dealt with in youth court under the Youth Criminal Justice Act. Police must notify a parent, your child can speak to a lawyer and a parent before giving any statement, and the Crown must justify any detention. Many minor first charges can be resolved without a finding of guilt.

The call from police: what should your child say?

Most parents first hear about a charge in one of two ways: police call to ask the teenager to come in and "give their side," or the teenager has already been arrested. Either way, the most useful thing a parent can do is the same. Tell your child to say they want to speak to a lawyer and a parent, and then to say nothing else about what happened.

The law backs that up. Under s. 25 of the Youth Criminal Justice Act (YCJA), a young person has the right to a lawyer at every stage, and an officer who arrests or detains them must tell them so without delay. Section 146 adds protections adults do not get. A statement your child makes to police on arrest or detention, or when police believe they committed an offence, can only be used against them if:

• it was voluntary;
• the officer first explained, in language suited to their age and understanding, that they do not have to say anything, that what they say can be used as evidence, and that they can consult a lawyer and a parent;
• they had a reasonable opportunity to consult a lawyer and a parent (or, if no parent is available, an adult relative or another adult they choose) before speaking; and
• they were given the chance to make any statement with that person present.

Three details catch families out. First, a teenager can waive the right to consult a lawyer and a parent, but only on a video or audio recording or in a signed written statement. If your child is asked to sign something saying they do not need a lawyer or a parent, they do not have to. Second, the explanation and consultation rules do not cover something blurted out before the officer has had a chance to explain the rights. Third, the adult consulted cannot be someone charged with, or under investigation for, the same offence.

Let the lawyer hear the details first. What your child tells a lawyer is privileged. What they tell you, a friend or a group chat is not protected in the same way.

Will police tell you, and do you have to go to court?

Police have to tell a parent. Under s. 26, if a young person is arrested and held for court, an officer must notify a parent as soon as possible, orally or in writing, with the place of detention and the reason for the arrest. If the young person is released with a summons, an appearance notice or an undertaking, a parent must get written notice. The notice has to include the charge, the time and place of the first court date, and the young person's right to a lawyer. If no parent can be found, notice can go to another adult relative or an adult the young person knows.

Attending court is strongly expected, and it can be ordered. Under s. 27, a youth court can order a parent in writing to attend if their presence is necessary or in the young person's best interests. A parent who ignores that order without a reasonable excuse can be held in contempt, and a warrant can issue to bring them to court.

In Toronto, youth criminal cases that used to be heard at 311 Jarvis Street moved in 2023 to the Ontario Court of Justice courthouse at 10 Armoury Street, according to the province's announcement of the new building.

The first 24 hours: will your child be held for a bail hearing?

If police do not release your child, they must bring them before a justice within 24 hours where one is available (Criminal Code s. 503). Until then, and if detained afterwards, a young person must be held separately from adults, with narrow exceptions for safety or where no youth facility is within reasonable distance (YCJA s. 30).

The bail test for a young person is stricter than for an adult. Under s. 29, a youth can be detained only if they are charged with a serious offence or have a pattern of outstanding charges or findings of guilt, there is a substantial risk on attendance or public safety (or exceptional circumstances on a serious offence), and no release conditions would address it. The Crown has to prove all of that, even on charges where an adult would have to justify their own release. Any condition has to be necessary and reasonable, and your child has to be able to follow it.

The federal Bail and Sentencing Reform Act (formerly Bill C-14), in force since July 2026, left that test and the Crown onus as they were. It changed the list of conditions a youth release can draw on: s. 29(1) now refers to subsections 515(4) to (4.4) of the Criminal Code.

The adult changes are covered in our guide to the 2026 bail changes.

Should you sign as the "responsible person"?

Parents are often asked this at the bail hearing. Under s. 31, a young person who would otherwise be detained can be placed in the care of a responsible person, if that person is willing and able to take care of and exercise control over them, and the young person agrees. The court has to ask whether such a person is available. The responsible person signs a written undertaking to look after the young person, make sure they attend court, and follow any conditions the court sets.

Sign only if you can do it. Wilfully failing to comply with that undertaking is a criminal offence under s. 139, with a maximum of two years. If the arrangement stops working, you can apply in writing to be relieved of it, and the court will then decide what happens next. Tell the lawyer before the hearing about work hours, other children, and anything that would make round-the-clock supervision hard, so the plan put to the court is one your family can keep.

The steps of a bail hearing are set out in how bail works in Ontario.

Can the charge be dealt with outside court?

Often, yes, and this is the stage where a lawyer can change the outcome most. Under s. 4, extrajudicial measures are presumed to be enough for a non-violent offence by a young person with no previous findings of guilt. Before charging, police must consider taking no further action, a warning, a caution, or a referral to a community program (s. 6).

Where a warning or referral is not enough, the next step is an extrajudicial sanction under s. 10: a formal program, authorized by the province, that resolves the matter without a finding of guilt. If a charge was laid and your child completes the sanction in full, the court must dismiss it.

There is a condition parents need to understand. Your child must accept responsibility for the act. A sanction is not available to a young person who denies involvement or who wants the case decided in court. Accepting responsibility is a real admission of what happened, though the law protects it: an admission made to qualify for the sanction cannot be used as evidence against them in any civil or criminal case. Your child also has to have been told of the right to a lawyer and given the chance to consult one first.

So the decision has to be your child's, made with a lawyer. Do not push a teenager to accept responsibility for something they say they did not do, just to make the case go away. If there is a real defence, a sanction may not be the right path. If the evidence is strong, it may be the best outcome available.

School, social media and the publication ban

Under s. 110, no person may publish the name of a young person, or any information that would identify them, as someone dealt with under the YCJA. "No person" includes parents. The Act defines publication to include making information known or accessible to the general public by electronic means, so a public post, a public fundraising page or a widely shared message naming your child as charged can breach the ban. Breaching it is an offence under s. 138. A parallel ban in s. 111 protects children and teenagers who are victims or witnesses, so the same care applies to posts about the other young people involved.

Talk to your child about their own accounts as well. Posts, messages and photos about the incident can become evidence, and messages to a co-accused or the complainant can breach a no-contact condition.

Schools are a separate track. The YCJA allows the provincial director, a youth worker, the Crown, police and others working with young people to share information from youth records with a school's representatives where it is necessary to make sure the young person follows a court order, for the safety of staff and students, or to help with rehabilitation (s. 125(6)). The school must keep that information separate and destroy it when it is no longer needed. Any suspension or other school discipline is a separate process from the criminal case. If release conditions bar contact with other students, tell the lawyer before the bail hearing whether your child shares classes, a bus or a team with them, so the conditions can be written to work.

If there is a finding of guilt: what youth sentences look like

Youth sentences are built for accountability and rehabilitation, and a youth sentence can never be harsher than an adult would get for the same offence (s. 38). In plain terms, the options in s. 42 run from a reprimand or a discharge, through a fine of up to $1,000, restitution, community service and probation of up to two years, to custody and supervision. Custody is the exception. Under s. 39, it is generally limited to violent offences, repeated failures to comply with youth sentences, a pattern of findings of guilt combined with a more serious offence, or exceptional cases, and only after every reasonable alternative has been considered. A custody and supervision order is capped at two years in most cases, with part of it served under supervision in the community.

The full set of youth sentences, and when the Crown can seek an adult sentence, is explained on our page for families looking for a youth criminal lawyer in Toronto.

When does a youth record close?

A youth record is not permanent. Access to it closes at the end of a set period under s. 119(2), which depends on how the case ended:

• two months after a withdrawal, a dismissal, or a reprimand;
• two years after the young person consents to an extrajudicial sanction;
• one year after an absolute discharge, and three years after a conditional discharge;
• three years after a sentence for a summary offence is completed, and five years for an indictable offence.

The years after the sentence are the part families most often overlook. A new youth offence during the access period extends it. An adult conviction during the period does more: under s. 119(9), the youth record is then treated as an adult record, and the youth finding counts as a conviction for record suspension purposes. A teenager who finishes a youth sentence at 17 and is convicted of something at 19 can turn a closing youth record into a permanent adult one.

How do you pay for a lawyer?

Cost should not decide whether your child has a lawyer. Legal Aid Ontario issues certificates for YCJA charges where the young person qualifies financially and there is a risk to their liberty, judged by the seriousness of the charge, the circumstances and any record. Factors on its list include the Crown seeking custody, a detention order after a bail hearing, and any firearm charge. If a certificate is not available, duty counsel at the courthouse may be able to help. Legal Aid Ontario says a young person, a parent or a legal guardian can call.

The court also has a duty here. Under s. 25(4), a youth court must refer a young person who wants a lawyer but cannot get one to legal aid, and if that fails it can direct that counsel be appointed, and must do so if the young person asks. Remember that the lawyer acts for your child, not for you. A parent cannot instruct the lawyer, though a good youth lawyer keeps parents informed within the limits of the child's confidentiality.

What to do this week

• Tell your child not to discuss the allegation with police, friends or anyone online until they have spoken to a lawyer.
• Write down the court date, the courthouse and every release condition, and keep the paperwork together.
• Go to court with your child.
• Do not post about the case, and ask relatives not to either.
• Keep any messages, photos or documents your child has. Do not delete anything.
• Call a lawyer before the first court date, so there is time to raise extrajudicial measures or a sanction with the Crown.

Robb MacDonald has practised criminal defence for more than 20 years and has defended numerous young people in Toronto's youth court. He earned his J.D. at Queen's University in 2006, was called to the Ontario bar in 2007, and trained under Edward Greenspan QC. If your child has been charged or contacted by police, call (416) 315-1505, day or night. Consultations are free and confidential.

You can also book a consultation online.

This article describes the law as of 21 October 2026. It is general information, not legal advice for a particular case.