Youth & Criminal Justice

Indigenous youth, like Indigenous adults, are significantly overrepresented in Canada’s justice system. Indigenous youth are more likely to be singled out, stereotyped as being criminals or gang members, and charged by police, compared to non-Indigenous youth. They are overrepresented in all aspects of the criminal justice system including the numbers charged, the numbers denied bail and the numbers in custody. Knowing what rights youth have when dealing with the criminal justice system can help.

Children must be at least 12 years old to be charged with a crime. If a child younger than 12 does something that they could be charged with if they were 12, child protective services may become involved. Children who are 12 or older but younger than 18 are treated differently from adults by the criminal justice system. The same things are crimes for youth and adults but the process is different.

Any youth charged with a crime has the right to a lawyer. If the youth or their family does not have money to pay a lawyer they still have a right to a lawyer. They may get a lawyer through Legal Aid or the court can appoint one for them.

Youth also have the right to have their parents involved. Parents must be notified if a youth is arrested or must appear in court. Parents can be there when the youth is being interviewed by the police.

Youth have the right to privacy. This means their names cannot be made public except in certain limited cases.

Like anyone accused of a crime youth also have the right to remain silent. They do not have to answer police questions about a crime or make a statement.

Youth sentences are different than adult sentences and put more emphasis on keeping the youth out of trouble in the future. Placing a youth in custody is considered a last resort. 

Once a certain amount of time has passed a youth record cannot be used in any way that would identify the youth. How long depends on the youth’s sentence and the crime. For less serious crimes a youth record is kept for 3 years after the end of their sentence. For more serious offences it is 5 years after the end of their sentence.

Visit ycja.ca for more information about the Youth Criminal Justice Act.

Aboriginal Courtworker Program
Aboriginal Courtworkers help Indigenous adults and youth navigate the criminal and family justice systems. In criminal cases they can do things like explain charges, act as a go-between for dealing with police and prosecutors and make referrals to restorative justice programs.
Phone:1.800.514.5666