The Youth Judicial Process in Criminal Cases

This section explains the steps of the criminal justice process for adolescents aged 12 to 17 years and 364 days, for whom the Youth Criminal Justice Act (YCJA) applies.

Are you an adolescent between the ages of 12 and 17 years and 364 days old and have committed a criminal offence such as assault, mischief, murder, sexual assault, or any other crime listed in the Criminal Code or other federal laws? Due to your young age and your level of maturity, which differs from an adult, a specific criminal justice process for youth applies. This process is governed by the Youth Criminal Justice Act (YCJA).

The YCJA sets out the principles, procedural rules, and sentences applicable to adolescents. It also applies to individuals who are now adults but committed crimes when they were adolescents.

The YCJA focuses on individualised and effective case management to help you change your behavior, reintegrate into society, and take responsibility for your actions. Rehabilitation and social reintegration are at the core of this law.

Below are the steps of the criminal justice process for adolescents, from police intervention to the impact of a trial on your record.

At the beginning of the process, when the police arrest you for a crime, you have the right to remain silent. You also have the right to a lawyer and to be accompanied by a close adult, such as your mother, father, or an intervener.

If you wish to consult a lawyer but do not have one, you will be given a list of defense lawyers to contact.

In some cases, the police may take your fingerprints and a photograph.

Measures applied by the police officer

Because of your young age and level of maturity, you are treated differently from an adult.

After investigation, instead of recommending criminal charges, the police may decide not to take action, or they may issue a warning if the offense is minor.

If you acknowledge your role in the crime and have no prior legal issues, the officer may refer you to a community program that helps prevent further offences. In this case, an alternative justice organisation will help you and manage the implementation of the out-of-court extrajudicial measures. These measures aim to correct your behavior quickly and effectively without resorting to court proceedings.

However, if the police decide to proceed with charges, they send a request to the Directeur des poursuites criminelles et pénales (DPCP).

Prosecuting attorneys are lawyers serving the Directeur des poursuites criminelles et pénales (DPCP). They are responsible for authorizing and leading criminal and penal prosecutions on behalf of the State. They are also sometimes referred to as "Crown prosecutors".

When a prosecuting attorney receives a request to initiate proceedings against a youth, they assess the evidence and determine whether they can refer the case to the provincial director (the Director of Youth Protection in the relevant administrative region) under the extrajudicial sanctions program or proceed directly with a prosecution before the court.

The prosecuting attorney may also reject the case. In that situation, the process ends immediately, and the case is not forwarded to the provincial director either.

Sanctions applied by the Provincial Director

If the prosecuting attorney forwards your case to the provincial director (the Director of Youth Protection in your region), a youth delegate will conduct a psychosocial evaluation. If your offence is minor, and depending on the situation and certain criteria, they may offer an extrajudicial sanction instead of going to court.

The main aim of this program is to keep your case out of the courts, and if you accept responsibility, this prevents you from having a criminal record.

In such a case, an alternative justice organisation supports and supervises you in fulfilling the obligations imposed by the sanction you have received, in collaboration with the youth worker.

As examples of extrajudicial sanctions, the youth worker may propose one or more measures, such as a mediation session with the victim, a workshop to develop your social skills, or community service.

The youth worker ensures that the sanction given to you is fair and proportional to the seriousness of the offence you committed.

If you do not complete the extrajudicial sanction, you may face legal proceedings with criminal charges before the court.

If the prosecuting attorney decides to press criminal charges, you may be arrested and required to appear in court on a specific date.

In some cases, you may receive a promise to appear with conditions to follow during the judicial process.

If the actions you are accused of are serious, if you fail to appear in court, or if you do not comply with your conditions, the police officer may decide to detain you with the authorization of the provincial director (the Director of Youth Protection of the relevant administrative region).

Your parents or an adult who can assist you must also be notified.

If you remain in detention before your appearance, you will be held in a youth rehabilitation center, separate from adults, and you must appear before a judge within 24 hours of your arrest.

During your appearance, you will stand before a judge of the Youth Division of the Court of Québec.

The judge will read the charges against you and inform you of your right to request legal counsel.

If you do not have a lawyer, the judge must ensure that you fully understand the charges and explain that you can plead guilty or not guilty.

If the judge is not convinced that you understand, they must appoint a lawyer for you.

Your father, your mother or an adult who can assist you will receive a notice informing them of your court appearance, along with a copy of the charge or indictment.

If you are detained in a youth rehabilitation center when you appear before the judge, a hearing may be scheduled to decide whether you should remain in detention during the proceedings, be entrusted to a responsible person, or be released with or without conditions.

If you plead guilty to the charges, there will be no trial, as you have admitted to the offence.

The judge will verify that the charge is justified and that you understand it fully.

You will then be found guilty and will receive a sentence, which may be issued immediately or at a later date.

If you plead not guilty, a trial will take place.

It is important to know that the judge assigned to the trial has no prior knowledge of the case, he or she has no documents or evidence.

The trial begins with the prosecuting attorney presenting evidence, calling witnesses, and submitting material or documentary evidence.

Once the prosecution has finished presenting its case, your lawyer may present a defense.

Both sides have the right to cross-examine witnesses.

You are not required to testify or present evidence in your defense.

After the presentation of evidence, your lawyer and the prosecuting attorney will make their final arguments, known as "pleadings."

In Canada, accused individuals are presumed innocent until proven guilty. You do not have to prove your innocence—the burden is on the prosecuting attorney to establish your guilt.

After reviewing the evidence, the judge will declare you guilty or not guilty,, it’s the “verdict”. We also say that a defendant is "acquitted" when he is not guilty.

If you are found not guilty and neither party appeals the verdict, the legal proceedings end at that moment.

In some cases, before sentencing, the judge may or have to request a pre-sentence report to better understand your situation and impose an appropriate sentence in accordance with the law.

This report is prepared by a youth worker.

Your sentence will be issued once you plead guilty or are found guilty.

The judge may impose one or more penalties, such as community service, probation, placement and supervision orders, donations to a charity, conditional or unconditional discharge, or financial compensation to the victim.

If you receive a detention sentence, you will not go to an adult prison. Instead, you will serve your sentence in a youth detention unit.

In exceptional cases, the prosecuting attorney may request that you receive an adult sentence if you are found guilty of a criminal offence punishable by more than two years of imprisonment and were at least 14 years old when the offence was committed.

In such cases, after you pleaded guilty or you have been found guilty, a youth worker will assess your situation and submit a report to the court.

To impose an adult sentence, the judge must be convinced that a youth sentence would not be sufficient to hold you accountable for your actions and that you acted with the same level of responsibility as an adult.

You will have the opportunity to challenge this request during sentencing.

Either your lawyer or the prosecuting attorney may appeal the verdict or sentence pronounced by the judge. We call this stage the “appeal”.

However, legal rules govern the appeal process, and a case cannot be appealed simply because one party is dissatisfied with the decision.

The Youth Criminal Justice Act includes measures to protect the privacy of youth involved in the justice system, whether they are victims, witnesses, or accused individuals. This means that information identifying them cannot be published.

If you are subject to measures under the Youth Criminal Justice Act

No one whether an adult, another youth, or even a journalist—can publish, in writing, video, or photos, on social media or any other platform, any information that could identify you. This includes your name, photo, social media handles, or any other details revealing that you have been subject to measures under the law, such as:

• being investigated or arrested by the police for a criminal offence;
• participating in an out-of-court process related to a criminal offence, such as an extrajudicial measure or sanction under the law;
• being charged with a criminal offence, regardless of whether you were ultimately found guilty or not.

However, if you receive an adult sentence, you are not entitled to this confidentiality.

Anyone—whether an adult or another youth—who violates a publication ban under the Youth Criminal Justice Act commits a criminal offence and may be charged in court.

If the police stop you and suspect you of committing a criminal offence, they immediately open a file called an “event report.”

Other records may then be created by different officials involved in the case.

If you are between 12 and 17 years and 364 days old, you will have a "youth record" or "youth file." However, if you receive an adult sentence, you will have a “case”, “criminal case” or "criminal record."

Records in Multiple Locations

Other types of records may also exist, including:

• the record of the alternative justice organisation managing or enforcing extrajudicial measures or sanctions.
• the record of the youth center;
• the record of the prosecuting attorney;
• the record of the Youth Division of the Court of Québec;
• the record of the Royal Canadian Mounted Police (RCMP).

You will not necessarily have a file in all these places—it depends on how far your case progresses through the justice system.

Information about you and your offence

These records may contain various details about you, such as:

• your name;
• your date of birth;
• your fingerprints;
• your photograph;
• the details of your interaction with the police.

Other information, including the progress of your case, the charges against you, any extrajudicial measures or sanctions imposed, the sentence received, and police reports from your investigation, may also be recorded.

Access and Closure of a Youth Record

Your youth record becomes inaccessible after a certain period, depending on your situation. However, there is a common myth that a youth record is automatically erased at the age of 18. This is not true.

Either way, until your record becomes inaccessible, only a limited number of people can access it, including your parents, the victims (if applicable), police officers, alternative justice organisations, youth workers, and legal professionals (such as your lawyer, the prosecuting attorney, or a judge), etc.

The following table shows how long your file will be accessible depending on your situation.

If you reoffend while your youth record is still accessible, it may remain open for several more years—or even permanently.

Additionally, your youth record may turn into a criminal record.

This happens if you are convicted of an offence committed after turning 18 while your youth record was still accessible.

When this occurs, your youth record becomes a criminal record with all the associated consequences.

Normally, your youth record should be sealed after the designated period.

To check this, you can go to a police station with your identification and ask the officers to verify your record.

A lawyer can also assist you with this process.

Criminal Record

At some point in your life, you may be asked whether you have a criminal history.

For example, an employer or educational institution—especially for certain specialized study programs—may request a background check.

Additionally, if you travel outside Canada, border agents have the right to ask about your criminal record.

The answer you should provide in these situations varies depending on several factors.

It is recommended that you consult a lawyer for advice tailored to your specific case.