Toronto Criminal Lawyer

Age Is One of the Most Important Factors in Criminal Law

In Canada, the age of the accused at the time of the alleged offence fundamentally changes how the criminal justice system responds. Young people between the ages of 12 and 17 are dealt with under the Youth Criminal Justice Act (YCJA), a federal statute that establishes a separate framework from the adult criminal justice system. The YCJA reflects the principle that young people have a diminished moral responsibility compared to adults and that the justice system should prioritize rehabilitation over punishment.

Children under 12 cannot be charged with a criminal offence at all under Canadian law. They are considered below the age of criminal responsibility, and any behavioural concerns involving children under 12 are addressed through child welfare and social services rather than the criminal justice system.

For young people aged 12 to 17, the system is designed to be fundamentally different from adult court. If your child or a young person you care about is facing charges, understanding these differences is essential. Our page on youth criminal charges provides additional detail on how these cases are handled in Toronto.

Key Differences Between Youth and Adult Court

The differences between the youth and adult criminal justice systems are substantial and affect nearly every aspect of a case:

Privacy protections. One of the most significant protections under the YCJA is the publication ban on the identity of young persons. With limited exceptions, the name of a young person charged with or convicted of a criminal offence cannot be published or broadcast. This protection recognizes that identifying a young person publicly could cause lasting harm to their reputation and rehabilitation prospects. In adult court, proceedings are generally public and the accused can be named.

Sentencing principles. The YCJA establishes different sentencing principles than those that apply to adults. While adult sentencing under the Criminal Code considers objectives such as deterrence, denunciation, and incapacitation, youth sentencing focuses on accountability, rehabilitation, and reintegration into society. The sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the young person, but it must also be the least restrictive alternative that is consistent with public safety.

Types of sentences. The sentencing options available in youth court are different from those in adult court. Youth sentences under the YCJA include:

• Reprimand (a formal warning from the judge)
• Absolute or conditional discharge
• Fine (maximum $1,000)
• Community service order
• Probation (maximum two years)
• Intensive support and supervision order
• Deferred custody and supervision order (similar to a conditional sentence)
• Custody and supervision order (the youth equivalent of imprisonment)

Maximum sentences. Youth sentences are significantly shorter than adult sentences. For most offences, the maximum youth custody sentence is two years. For the most serious offences, including murder, the maximum is six years for first-degree murder and four years for second-degree murder, compared to life imprisonment in adult court.

Youth records. Youth criminal records are treated differently from adult records. Under the YCJA, youth records are sealed after a specified period following the completion of the sentence. Once sealed, the record cannot be accessed by most employers, educational institutions, or others conducting background checks. For many offences, the access period is as short as two months after the completion of a non-custodial sentence. This stands in sharp contrast to adult criminal records, which remain accessible indefinitely unless a record suspension is obtained.

Extrajudicial Measures and Sanctions

One of the most important features of the YCJA is its emphasis on extrajudicial measures, which are alternatives to formal court proceedings. The Act directs that extrajudicial measures should be used for the majority of youth offences, particularly first-time offences and non-violent matters.

Extrajudicial measures include:

• Police warnings — The officer may choose to warn the young person rather than lay a charge.
• Police cautions — A more formal warning, sometimes involving the young person's parents or a community agency.
• Referrals — The officer may refer the young person to a community program or agency instead of proceeding with charges.
• Extrajudicial sanctions — These are more structured programs that the young person must complete, such as community service, an apology to the victim, or participation in a restorative justice process. These require the consent of the young person and are typically overseen by a designated program.

These measures reflect the YCJA's recognition that formal court proceedings are not always necessary or appropriate for young people, and that less formal responses can be more effective in holding young people accountable while supporting their development.

When Can a Young Person Be Sentenced as an Adult?

In rare and serious cases, a young person can receive an adult sentence even though they are tried in youth court. Prior to 2012, the Crown could apply to have a young person transferred to adult court entirely. The current framework, following amendments made by the Safe Streets and Communities Act, keeps the proceedings in youth court but allows the Crown to seek an adult sentence for certain serious offences.

An adult sentence can be sought for young persons aged 14 and older who are charged with serious violent offences, including murder, attempted murder, manslaughter, and aggravated sexual assault. The Crown must apply for the adult sentence, and the court will consider several factors, including the seriousness of the offence, the age and maturity of the young person, their background, and whether a youth sentence would be adequate to hold them accountable.

If an adult sentence is imposed, the young person receives the same sentence an adult would receive for the same offence. However, if the young person is under 18 at the time of sentencing, they will serve the custodial portion of their sentence in a youth facility until they turn 18 or 20, depending on the circumstances, after which they may be transferred to an adult institution.

Adult sentences for young persons are the exception, not the rule. They are reserved for the most serious offences where a youth sentence would not adequately address the gravity of the conduct.

The Importance of Specialized Legal Representation

Youth criminal law is a specialized area that requires knowledge of both the YCJA and the broader principles of criminal defence. The procedures, sentencing options, and available alternatives are different from adult court, and a lawyer who does not regularly practise in youth court may miss important opportunities to protect a young person's interests.

An experienced youth criminal defence lawyer will explore every available option, from extrajudicial measures to diversion to trial, and will advocate for the outcome that best serves the young person's rehabilitation while protecting their future. The stakes are high: even though youth records receive more protection than adult records, a conviction can still affect a young person's education, employment opportunities, and personal development during critical years.

If a young person in your family is facing criminal charges, the process after an arrest can be confusing and frightening for both the young person and their parents. Seeking legal advice early allows your lawyer to intervene at the earliest possible stage, potentially diverting the matter away from formal court proceedings altogether.

For a consultation about youth criminal charges in Toronto, reach out to a lawyer who has experience navigating the youth justice system and can provide the specialized guidance your family needs.

For the full text of the Youth Criminal Justice Act, visit the Department of Justice legislation site.