Youth criminal charges in Ontario: a guide for parents and teens

Canada's youth justice law covers anyone between 12 and 17 at the time of the alleged offence. Children under 12 can't be charged with a crime, and offences committed at 18 or older go to the adult system. For less serious or first-time offences, police and Crown attorneys are pushed toward options outside formal court: an informal warning or referral to a community program, which leaves no criminal record though police do keep a note of it, or a more structured route where the young person acknowledges responsibility and does something like community service. Neither is guaranteed. It depends on the offence and the young person's history.

A common worry for parents is how long a record follows their child. The access period depends on how the matter was dealt with and the type of record involved. Some common examples: records of extrajudicial sanctions, a formal diversion program, are generally accessible for 2 years after the young person agrees to them. After a finding of guilt, the access period generally ends 3 years after the youth sentence is completed for a summary offence, and 5 years after for an indictable offence, as long as no new offence is committed in that time. Shorter periods apply to other outcomes, such as 2 months after an acquittal or withdrawal, and 1 or 3 years for an absolute or conditional discharge. After that, the record generally can't be accessed or used against the young person.

There's a mandatory ban on publishing anything that would identify a young person dealt with under this law, including name or photo. It applies automatically and continues after the case ends, with exceptions: an adult sentence, the young person's own choice after turning 18, a judge's danger-to-others order, and, since July 2026, a short police power to publish for up to 24 hours in an urgent danger. Parents aren't parties to the case, but police must notify a parent as soon as possible when a young person is arrested and held, or released with a notice or undertaking to attend court, and the court can order a parent to attend. A young person has the right to a lawyer at every stage, and the court can direct that one be appointed if they can't get one. Before police take a statement, they must explain, in language the young person understands, that the young person doesn't have to make a statement, that anything they say can be used as evidence, and the right to consult a lawyer and a parent or other adult and to have that person present. A young person can give up these rights, but only on video or audio, or in writing and signed. Parents are often asked to act as a surety if bail is granted, or a judge can place your child with a parent as a "responsible person" instead, with written promises from both of you. A parent can't instruct the lawyer: the duty runs to the young person, even if the parent is paying. Youth sentences aim for accountability with a path back to normal life: a reprimand, probation, community service, or in serious cases, custody.