Toronto Youth Criminal Lawyer

Updated 21 October 2026

A young person aged 12 to 17 charged with a crime is dealt with under the Youth Criminal Justice Act, not the adult system. No one can be convicted for anything done before age 12. Youth cases are heard in youth court, sentences are capped well below adult maximums, identities are protected, and most records close after set periods.

Who counts as a young person under the YCJA?

The Youth Criminal Justice Act (YCJA) came into force on April 1, 2003, replacing the Young Offenders Act. Section 2 defines a young person as someone who is at least 12 but under 18. What matters is the person's age on the date of the alleged offence, not on the date of the charge or the trial. Under s. 14, the youth justice court has exclusive jurisdiction over those offences, the Act continues to apply to someone who turns 18 while the case is underway, and it applies to an adult who is charged years later for something allegedly done as a youth.

The YCJA is built on principles that differ from the adult system. It recognizes a young person's reduced maturity and greater capacity for rehabilitation, and it puts weight on timely intervention, meaningful consequences and reintegration. In practice that opens doors that are closed in adult court, and a lawyer who does not know the Act well can miss them.

Can a 13 year old be charged in Ontario?

Yes. Anyone 12 or older can be charged with a criminal offence anywhere in Canada, including Ontario. A 13 year old who is charged is dealt with in youth court under the YCJA, with all of its protections. A child under 12 cannot be. Section 13 of the Criminal Code says that no person shall be convicted of an offence for an act or omission while under the age of twelve.

Where are youth cases heard in Toronto?

Youth criminal matters in Toronto used to be heard at 311 Jarvis Street. In 2023 the province consolidated six Ontario Court of Justice criminal locations, including youth criminal matters from 311 Jarvis, into the new Toronto courthouse at 10 Armoury Street. Robb MacDonald has defended numerous young people in Toronto's youth court and knows the legislation well. A young person facing charges should have a lawyer who is genuinely familiar with both the YCJA and the way that court operates.

What are extrajudicial measures and sanctions?

Many youth cases never reach a trial. Under s. 4, extrajudicial measures are presumed to be enough to hold a young person accountable if the offence is non-violent and the young person has not been found guilty before. Before laying a charge, police must consider taking no further action, giving a warning, administering a caution, or referring the young person to a community program (s. 6).

Where a warning or referral is not enough, an extrajudicial sanction under s. 10 may be possible. It is a formal program that resolves the matter without a finding of guilt. The young person must consent after being told of the right to a lawyer and given a chance to consult one, must accept responsibility for the act, and the Crown must have enough evidence to prosecute. A young person who denies involvement, or who wants the charge dealt with in court, cannot be put on a sanction. Two protections make sanctions valuable: anything the young person admits as a condition of the sanction cannot be used as evidence against them, and if a charge was laid and the young person fully completes the sanction, the court must dismiss it.

Will my child be held in custody before trial?

Usually not, and the youth rules make detention harder than in adult court. The bail provisions of the Criminal Code apply to young people only where they are consistent with the YCJA (s. 28). Under s. 29, a young person can be detained only if:

• They are charged with a serious offence (an indictable offence with a maximum of five years or more), or they have a history showing a pattern of outstanding charges or findings of guilt.
• There is a substantial likelihood they will not attend court, detention is necessary for public safety, or, for a serious offence only, there are exceptional circumstances that make detention necessary to maintain confidence in the justice system.
• No condition or combination of conditions of release would address that concern.

The burden of proving all of this is on the Crown (s. 29(3)). That stays true even for charges where an adult would have to justify their own release. Any release condition must be necessary, reasonable in the circumstances, and something the young person can realistically comply with.

The federal Bail and Sentencing Reform Act (Bill C-14), in force since July 2026, did not change that test or the onus. It widened the list of Criminal Code conditions a youth release can include, so section 29(1) now refers to subsections 515(4) to (4.4). Our guide to the 2026 bail changes covers the adult rules.

Parents have a direct role here. Instead of detention, a court can place a young person in the care of a responsible person, often a parent, who undertakes in writing to supervise them and make sure they attend court (s. 31). A young person who is detained must be held separately from adults, with narrow exceptions (s. 30).

What sentences can a youth court impose?

The purpose of a youth sentence is accountability through sanctions with meaningful consequences that promote rehabilitation (s. 38). A youth sentence can never be greater than what an adult would receive for the same offence in similar circumstances. The options in s. 42(2) include:

• A reprimand, or an absolute or conditional discharge.
• A fine of up to $1,000, compensation, restitution, or personal or community service.
• Probation for up to two years, or an intensive support and supervision program.
• A custody and supervision order of up to two years in total, or three years for an offence that carries life for an adult, with the last third served under supervision in the community.
• Up to three years for attempted murder, manslaughter or aggravated sexual assault. Up to ten years for first degree murder, with no more than six in custody, and up to seven for second degree murder, with no more than four in custody.

Custody itself is restricted. Under s. 39, a youth court cannot impose custody unless the young person committed a violent offence, has been found guilty more than once of failing to comply with a youth sentence, has a pattern of findings of guilt and committed an indictable offence carrying more than two years for an adult, or the case is exceptional. Even then the court must consider every reasonable alternative first, and it cannot use custody as a substitute for child protection, mental health or other social measures.

When can the Crown seek an adult sentence?

Only in serious cases, and only with notice. Under s. 64, the Crown can apply for an adult sentence if the young person is found guilty of an offence for which an adult could receive more than two years, and the offence was committed after the young person turned 14. The Crown must give notice before the young person enters a plea, or with the court's permission before the trial starts.

The trial itself still happens in youth court. Under s. 72, the court will impose an adult sentence only if the Crown proves that the presumption of diminished moral blameworthiness that applies to young people has been rebutted, and that a youth sentence would not be long enough to hold the young person accountable. If the Crown does not meet that onus, a youth sentence must be imposed. An adult sentence also lifts the ban on publishing the young person's identity, which is one more reason these hearings are fought hard.

Can the media publish my child's name?

Generally not. Section 110 prohibits anyone from publishing the name of a young person, or any information that would identify them, as someone dealt with under the YCJA. The exceptions are narrow:

• The young person receives an adult sentence.
• A youth court judge, on a police application, permits publication because the young person is a danger to others and publication is needed to help apprehend them (the order lasts five days).
• Police publish without an order in an urgent situation where the young person is an imminent danger to the public, but a court order is needed if publication is to continue beyond 24 hours.
• The young person, once 18 and not in custody, chooses to identify themselves.

Young victims and witnesses in youth cases are protected by a parallel ban (s. 111). Parents should also be careful with social media: posting about the case can identify a young person just as a news report would.

Does a youth record follow you forever?

No. A youth record can only be accessed by specific people for a specific period, and when that period ends, access closes. The periods in s. 119(2) include:

• Two months after a charge is withdrawn or dismissed, or after a finding of guilt with a reprimand.
• Two months after the appeal period ends, following an acquittal.
• One year after a charge is stayed, if no further proceedings are taken.
• Two years after the young person consents to an extrajudicial sanction.
• One year after a finding of guilt with an absolute discharge, and three years with a conditional discharge.
• Three years after the sentence is completed for a summary conviction offence, and five years for an indictable offence.

A new youth offence during the access period extends it. A conviction as an adult during the period is more serious: under s. 119(9), the youth record is then treated as an adult record and the youth finding is deemed a conviction for record suspension purposes. Once a youth sentence is completed, s. 82 deems the young person not to have been found guilty for most purposes and removes disqualifications that flowed from the finding. These rules are why the outcome of a youth case, and the conduct of the young person afterwards, both matter so much.

Should my child talk to the police?

Not without legal advice first. A young person has the right to a lawyer at every stage, and the arresting officer must tell them so without delay (s. 25). Section 146 adds protections no adult has. A statement a young person makes to police on arrest or detention, or when police believe they committed an offence, is admissible only if:

• It was voluntary.
• The officer first explained, in language suited to the young person's age and understanding, that they do not have to say anything, that what they say can be used against them, and that they can consult a lawyer and a parent.
• They had a reasonable opportunity to consult a lawyer and a parent, or another appropriate adult, before speaking.
• They had the chance to make any statement in that person's presence.

A young person can waive these rights, but the waiver must be recorded on video or audio, or be in writing and signed. The safest answer is to say they want to speak to a lawyer and a parent, and then to say nothing else about the allegation.

What can parents do, and what can't they?

Parents have real rights under the YCJA, and some limits that surprise them.

• Notice. Police must notify a parent as soon as possible when a young person is arrested and held, or is released with a court date (s. 26).
• Being consulted. A parent is one of the people a young person can consult before speaking to police under s. 146.
• Supervision. A parent can act as the responsible person who keeps a young person out of custody under s. 31.
• Attendance. A youth court can order a parent to attend if their presence is necessary or in the young person's best interests (s. 27).
• Instructions. A parent cannot instruct the lawyer. The YCJA gives the young person the right to retain and instruct counsel and to exercise that right personally (s. 25(1)). Where a parent's interests conflict with the young person's, the court must ensure the young person has counsel independent of the parent (s. 25(8)). A good youth lawyer keeps parents informed within those limits.

Cost should not stop a young person from getting a lawyer. Legal Aid Ontario lists young people aged 12 to 17 charged under the YCJA among those it can help, and a youth court must refer an unrepresented young person to legal aid or direct that counsel be appointed (s. 25(4)).

For a step-by-step account in the order things happen, read our guide for parents on what to do when a teenager is charged in Ontario.

Protecting a young person's future

A charge can affect a young person's schooling, employment and confidence long before the case ends. The goal is to resolve the matter in a way that holds the young person accountable where that is appropriate while protecting their long-term future, which in many cases means pursuing an extrajudicial sanction, a withdrawal, or a sentence that keeps the record period short. If your child, or a young person you care about, has been charged or contacted by police, call Robb at (416) 315-1505 for a free, confidential consultation. Our judicial process guide explains the stages of a criminal case, and the bail hearings page explains release in adult court.