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Everyone in Canada is held accountable for their actions, but crimes committed by young people are handled differently than those committed by adults. While youth remain subject to the same criminal legislation as adults, the Youth Criminal Justice Act (YCJA) modifies court and sentencing procedures for young people.
Young people have the same Charter rights available to adults, including:
These rights are often supplemented by additional protections specific to young people, including the right to have counsel present during questioning, the involvement of a parent or guardian, appointed counsel in specific situations such as bail hearings, privacy protection around identity, and a presumption that incarceration is used only as a last resort.
Bail is typically granted more readily to young people than to adults, and experienced bail counsel can help ensure that advantage is not lost through an unnecessarily cautious approach at the hearing.
Police must notify a young person's parents as soon as the child is detained or arrested. Given the importance of their role, a judge can also order parents to attend hearings and trial.
Youth sentencing allows for far more flexibility than adult sentencing, including custody and community supervision orders, discharges, community service, fines, compensation, and judicial reprimands. Incarceration is treated as a last resort, and youth sentences are generally limited to two years, although there can be exceptions. There is also a mechanism for diverting less serious cases out of the traditional court process, known as extrajudicial sanctions (EJS). A young person must acknowledge and accept responsibility for their behaviour to participate. Once the program is completed, the Crown withdraws the charges, although a record of participation remains for two years.
A youth record documents a young person's interactions with police and the courts, including the offences charged, the sentence received, and whether the sentence was completed. Access to this record is limited to the individuals and organizations specified under the YCJA. While a youth record is less serious and less permanent than an adult criminal record, it can still have real consequences, and a lawyer can help explain what those consequences might look like in your circumstances.
A youth record is not automatically sealed at age 18. Depending on the offence and the outcome of the case, records are typically sealed anywhere from a few months to five years after the relevant period ends. Once sealed, the record is closed permanently, subject to limited exceptions that allow it to remain accessible indefinitely. If a person is over 18, their youth record remains open, and they are convicted of a new offence, the youth record can be converted to an adult criminal record.
In some cases, yes. Under section 64 of the YCJA, where a young person was 14 or older at the time of the offence and is found guilty of an offence for which an adult could receive a sentence of more than two years, the Crown may apply to have an adult sentence imposed. This is not automatic: since 2012 reforms removed the presumption in favour of adult sentencing, it proceeds by application, and the burden is on the Crown to satisfy the court that an adult sentence is appropriate in the circumstances. The Act places particular emphasis on this application where the offence is a serious violent offence.
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Most firearm offences in the GTA are hybrid offences, meaning the Crown can proceed either summarily or by indictment depending on the seriousness of the case. The table below sets out the maximum penalties for the most commonly charged firearm offences:
| Offence | Summary Conviction | Indictment |
|---|---|---|
| Unauthorized possession of a firearm (s. 91) | Up to 2 years less a day | Up to 5 years |
| Possession knowing unauthorized (s. 92) | Up to 2 years less a day | Up to 10 years |
| Possession for a dangerous purpose (s. 88) | Up to 2 years less a day | Up to 10 years |
| Carrying a concealed weapon (s. 90) | Up to 2 years less a day | Up to 5 years |
| Possession of a loaded prohibited or restricted firearm (s. 95) | Up to 2 years less a day | Up to 14 years |
| Firearm trafficking | Not available | Up to 10 years |
| Using a firearm to commit an offence (s. 85) | Not available | Up to 14 years |
| Pointing a firearm (s. 87) | Up to 2 years less a day and/or $5,000 fine | Up to 5 years |
| Careless use, storage or handling of a firearm (s. 86) | Up to 2 years (first offence) | Up to 5 years (subsequent offence) |
Not currently. Section 95 previously carried mandatory minimum sentences of three years for a first offence and five years for subsequent offences on indictment. In R. v. Nur, 2015 SCC 15, the Supreme Court of Canada struck down these mandatory minimums as unconstitutional. Bill C-5, in force since November 17, 2022, formally removed them from the Criminal Code. The maximum sentence on indictment was later increased to 14 years, but there is currently no statutory floor: a judge has full discretion within that maximum.
A firearms lawyer helps you navigate every stage of the process, from arrest and bail through to trial, and works to identify weaknesses in the Crown's case, including Charter issues with how a firearm was seized.
If you are arrested, police must advise you of your right to remain silent and your right to retain counsel. Whether you are released or held for a bail hearing depends on the specific offence and your circumstances, including any prior record. If detained, you must be brought to court within 24 hours of arrest or as soon as possible thereafter. Retaining experienced bail counsel early allows work on your release to begin while you are still in custody.
At the bail hearing, your lawyer will propose a bail plan, often involving one or more sureties, and respond to any concerns the Crown raises about flight risk, public safety, or the seriousness of the allegations.
Your lawyer will request full disclosure of the Crown's evidence and begin developing a defence strategy, including reviewing whether your Charter rights were respected during the seizure and arrest. After disclosure is reviewed, a Crown pre-trial (CPT) and, in some cases, a judicial pre-trial (JPT) will take place. If the matter proceeds by indictment, you can elect trial by a provincial court judge, a judge alone in the Superior Court, or a judge and jury.
A firearm conviction can lead to a lengthy period of incarceration, a weapons prohibition order, and a criminal record with consequences for employment, travel, and housing. Using a firearm while committing or attempting to commit another offence increases the penalty substantially, up to a maximum of 14 years.
Choosing the right defence lawyer can make a real difference to how your case unfolds. Clients across Toronto and the GTA choose Vilkhov Law because:
Facing gun charges in Canada is a serious and stressful experience, and you do not have to navigate it alone. A firearms lawyer can help ensure your Charter rights were respected during the seizure and arrest, advise you on your options and available defences, negotiate your release on bail, obtain full disclosure of the Crown's evidence, help you make an informed election of the court, and advocate for you at trial.
Youth criminal cases require specific expertise and are prosecuted and handled differently from adult cases. The outcome can be genuinely life-changing, particularly where a youth record risks being converted into an adult criminal record. A lawyer can:
It is strongly advisable. Even minor charges can affect whether extrajudicial sanctions are available and how a youth record is handled, and a lawyer can help identify the best path forward.
The YCJA restricts who can access a youth's record and identifying information, but disclosure rules can vary depending on the circumstances, including certain school notification provisions for specific offences. A lawyer can advise on what applies to your child's specific situation.
Successful completion results in the withdrawal of the underlying charges, but a record of participation in the program remains for a period of time. It is not identical to having no record at all, but it is generally a more favourable outcome than a conviction.
The YCJA continues to apply to offences committed while the person was under 18, even if the case is ongoing or sentencing happens after they turn 18, though certain aspects of how a custodial sentence is served can be affected.
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