Also know
- PROBATION
- up to 2 years
- FINE
- up to $1,000
- CUSTODY
- only in limited cases (YCJA s. 39), such as a violent offence or certain repeat cases where earlier non-custodial sentences were not followed
Youth Criminal Lawyer Mississauga & Brampton
Trained at an Ontario Crown Attorney's Office.
- Free consultation
- Speak directly with your lawyer
- Flexible payment plans
- English, Punjabi and Hindi
Is your child facing a charge? Tell us what happened.
Regulator
The Youth Criminal Justice Act applies to young people aged 12 to 17 at the time of the alleged offence. It allows alternatives to court, bans publishing a young person's identity, and limits how long youth records can be accessed. A youth criminal lawyer protects your child's options early.
Your child has been arrested, questioned or charged, and you are worried this will follow them into school, work or travel. A youth criminal defence lawyer can explain the process to both of you and protect your child's rights from the start.
Aftermath Law helps young people and their parents at every stage, from police questioning to the final outcome. Our phone is answered 24/7, including during arrests. Youth charges laid in Mississauga and Brampton are generally heard at the Brampton courthouse.
Is your child facing a charge?
WHAT'S AT STAKE
What's at stake
- Your child's schoolA charge, or release conditions, can affect attendance, activities and school discipline. We work to keep conditions realistic for school life.
- Your familyRelease conditions can set where your child lives and who they can see, and parents are often part of the plan. We help you build a plan the court can accept.
- Their recordYouth records can be accessed only for set periods, and the outcome decides how long. We aim for the outcome with the shortest access period.
- Travel and statusA finding of guilt can affect travel and, for non-citizens, immigration status. We assess this before any resolution.
- Their futureWhile a record is accessible, it can affect volunteer screening, jobs and some programs. We explain what can be seen, by whom, and when it closes.
The earlier a lawyer is involved, the more can be protected.
RELATED GUIDES
Keep reading
4 GUIDESSentencingSentencing options in CanadaHow judges choose between a discharge, probation and jail.SentencingConditional and absolute dischargesHow a discharge differs from a conviction, and when it applies.Criminal recordsIs a conditional discharge a criminal record?How discharges show up on records and background checks.Criminal recordsCriminal charges and immigration statusHow a charge or conviction can affect your immigration status.
Penalties
Youth sentences and records
Youth sentences have their own, lower limits. Each is grouped by its maximum.
Adult10 years7 years3 years2 years
Adultmaximum
Crown application requiredCrown must prove youth term too short
Adult sentence: only if the youth was 14 or older and an adult could get more than 2 years (YCJA s. 64).
YCJA ss. 64 and 72
10years maximum
Custody + community supervisionNo discharge
Murder, first degree (youth sentence).
7years maximum
Custody + community supervisionNo discharge
Murder, second degree (youth sentence).
3years maximum
Discharge may be possible
Offences where an adult could face life imprisonment, other than murder.
2years maximum
Discharge may be possible
Most youth sentences, including custody and supervision.
See youth sentences in Canada.
How long a youth record can be accessed
2 months
Acquittal; charge withdrawn or dismissed; reprimand
Acquittal: 2 months after the appeal period ends.
If the acquittal is appealed: 3 months after the appeal ends.1 year
Absolute discharge (from the finding of guilt)
2 years
Extrajudicial sanctions
2 years after the youth consents to the sanction
3 years
Conditional discharge (from the finding of guilt)
Finding of guilt on a summary offence (after the sentence is complete)5 years
Finding of guilt on an indictable offence
5 years after the sentence is completed
These are maximums set by law, not predictions.
Learn how youth criminal records and publication bans work.
Your child’s rights
Your child's rights
Before police can use your child's statement
(YCJA s. 146)
Voluntary
The statement was voluntary.
Explained
Police explained, in words suited to their age, that they do not have to speak and what they say can be used.
Lawyer and parent
Police explained the right to consult a lawyer and a parent or other adult, and to have them present.
A real chance
Your child had a reasonable opportunity to consult, and to make any statement with that person present.
A youth can waive these rights, but the waiver must generally be recorded or in writing. Every young person also has the right to a lawyer without delay (YCJA s. 25). When a youth is held in custody, police must tell a parent as soon as possible where the youth is and why (YCJA s. 26).
A simple rule for any young person: stay calm and polite, ask for a lawyer and a parent, and do not discuss what happened.
THE COURT PROCESS
How a youth case moves through the system
First contact
Warnings first
Police must consider whether a warning, a caution or a referral to a program is enough before laying a charge (YCJA s. 6).
Questioning
Special protections
Before giving a statement, a young person must be told of the right to speak with a lawyer and a parent, and to have them present (s. 146).
Alternatives
Extrajudicial sanctions
In many cases, a young person can complete a program instead of going to court. If they fully complete it, the charge is dismissed (s. 10). An admission made to enter a program cannot be used as evidence later.
If charged
Release or bail
Detention before trial is restricted. A young person cannot be detained as a substitute for child protection or other social measures (s. 28.1).
Court
Youth justice court
The case is heard in youth court, and publishing the young person's identity is generally banned (s. 110).
The outcome
Youth sentence or dismissal
Options range from a reprimand or discharge to probation or community service. Custody is a last resort (ss. 38, 39 and 42).
Afterwards
Limited record access
Youth records can only be accessed for set periods, after which they generally cannot be used (s. 119).
Your options
Possible outcomes
No finding of guilt
No further action, a warning or a cautionPolice use warnings, cautions or no action.
Before any charge is laid.
Extrajudicial sanctionsFormal measures outside the court process.
Completing a program may end the case.
Charge withdrawn or dismissedThe charge ends without a guilty finding.
Charge withdrawn or dismissed
Trial ending in acquittalFound not guilty at trial.
The Crown must prove the case beyond a reasonable doubt. Your child may be acquitted.
Finding of guilt
Reprimand or dischargeThe youth court reprimands or discharges the youth.
Reprimand or discharge, which are not adult convictions, each with its own record access period (see above).
Youth sentenceThe court imposes a sentence under youth law.
A youth sentence within the limits above.
No lawyer can promise a result.
Your defence
How we defend youth charges
Alternatives before court
Police and prosecutors must consider warnings, cautions and agreed community referrals at their respective stages, and police must also consider taking no further action (YCJA ss. 6 and 6.1). We review the allegation, earlier measures and the reasons recorded for going to court. A failure to consider alternatives does not automatically end the case.
Consent to sanctions
Your child must qualify for an approved program, freely agree after understanding it, accept responsibility and have a chance to consult a lawyer (YCJA s. 10). The Crown must also have enough evidence to prosecute and meet the other requirements. We review the terms, evidence and your child's instructions before advising.
Learn how extrajudicial measures and sanctions work.
Statements and any waiver
For statements covered by YCJA s. 146, police generally need a voluntary statement, rights explained for your child's age and reasonable chances to consult a lawyer and a parent or other permitted adult. We review who was present, waivers, exceptions, the full recording, rights forms and timing before assessing whether the statement can be used.
Your child's right to a lawyer
Your child has their own right to retain and instruct a lawyer without delay, including when considering an extrajudicial sanction (YCJA s. 25). A parent's involvement does not replace that right. We check how the right was explained, what access was offered and whether your child could give their own instructions.
The investigation and the charge
The Charter protects your child against unreasonable searches and arbitrary detention (Charter ss. 8–9). We compare police notes, video, witness accounts and any phone search with the allegation and the legal powers police relied on.
Realistic release conditions
Release conditions must be needed for court attendance or public safety, fit the alleged conduct and be realistic for your child to follow (YCJA s. 29). All three requirements must be met. We review school, home, existing orders and available supervision before discussing a release plan or asking to change conditions.
Protecting their record
YCJA s. 119 sets out who can see youth records and for how long, subject to exceptions; for an extrajudicial sanction, the usual period ends two years after consent. We review earlier youth matters, the proposed outcome and the relevant dates before explaining who can see the record. An access period does not mean every record disappears.
WHAT TO DO NOW
What to do if your child has been charged
- Call a lawyer right away, ideally before police questioning.
- Remind your child they do not have to speak to police and can ask for a lawyer and a parent.
- Do not ask your child to explain what happened over text or social media.
- Tell your child not to discuss the case with friends, at school or online.
- Keep all police paperwork and help your child follow every release condition exactly.
BEFORE YOU CALL
Preparing for the first conversation
Your papers (an appearance notice, summons, undertaking or release order) hold most of what we need. Look for these three things.
The charge and the section number, exactly as written.
Your next court date, time and courthouse.
Any conditions, such as a curfew, going to school or living with a parent.
WHY AFTERMATH LAW
A defence you can reach, afford and understand
Call 24/7Including from the police station
Arrests do not only happen during office hours. Call (647) 223-1980 any time, including from a police station. You deal directly with Dildeep Sahi. If he is in court or on another call, he will call you back as soon as he can.
Legal Aid acceptedWe'll help you check if you qualify
We accept Legal Aid Ontario certificates for criminal matters. If you qualify, Legal Aid Ontario may cover the cost of your defence. If you are not sure whether you qualify, we will help you find out.
Flat fees, payment plansAgreed in writing before work starts
Private clients get a clear flat fee for their charge, agreed in writing before work starts, with payment plans available. No surprise invoices.
English, Punjabi, HindiFamily can join, with your consent
Explain what happened in the language you think in. Family members are welcome to join the consultation with your consent.
Trained at an Ontario Crown Attorney's Office
Training at a Crown Attorney's Office gives insight into how the prosecution prepares and reviews a case.
What clients say
Harminder KangGoogle review
Read the full reviewI had a great experience working with Dildeep. He was responsive, professional, and took the time to clearly explain my options at every step. He paid close attention to detail, answered my questions quickly, and made what could have been a stressful process feel simple and manageable. I always felt informed and confident in the advice I was getting. I highly recommend Dildeep to anyone looking for knowledgeable, client-focused legal help.
Randip SinghGoogle review
Read the full reviewWorked with Dildeep and he was extremely professional and helpful. Would recommend as he explains the process well and kept me informed and reassured throughout. Answered my questions and concerns promptly. Thank you again!
Hardeep SainiGoogle review
Read the full reviewDildeep and the team were extremely professional, knowledgeable and helpful throughout. Great communication and excellent service. I would definitely recommend Aftermath Law to anyone looking for a reliable and supportive legal team!
BhavjitGoogle review
Read the full reviewHighly recommend Aftermath Law! The team is professional, knowledgeable, and genuinely cares about their clients. They are approachable, responsive, and take the time to explain things clearly
DipanGoogle review
Read the full reviewI highly recommend Dildeep! He is professional, knowledgeable, trustworthy, and truly dedicated to helping his clients.
TJ LidharGoogle review
Read the full reviewVery professional and caring team, willing to go above and beyond to help with all your needs. Always my first recommendation when someone's in need of help
Youth charges in Peel Region
Peel Regional Police run a diversion program that can apply before a young person is charged. The officer considers whether the offence is minor and non-violent, and whether the young person has been charged before. A referral can only go ahead if a parent or guardian has been told and agrees. An approved community agency then decides whether the program fits.
If a charge is laid, youth court for Peel sits at the A. Grenville and William Davis Courthouse in Brampton. Many early court dates happen remotely. Extrajudicial sanctions can still be used after a charge. A young person can be held before trial only in limited situations set out in the Youth Criminal Justice Act. Youth records and statements follow special rules, so parents should get legal advice before a young person speaks to police. Our Brampton courthouse guide explains the courthouse.
Questions
Frequently asked questions
Will my child have a criminal record?
Youth records are treated differently from adult records. Access is limited to set periods under YCJA s. 119(2), depending on the outcome, subject to some exceptions.
Can police question my child without me there?
Under YCJA s. 146, police must explain the right to consult a lawyer and a parent or other adult, and to have that person present. A youth can waive these rights, but the waiver must generally be recorded or in writing. If your child was questioned alone, have a lawyer review it.
Can a youth be sentenced as an adult?
Only in limited cases. The youth must have been 14 or older, and an adult must face more than 2 years for the offence. The Crown must also meet the test in YCJA s. 72.
Will my child's name be in the news?
Generally no. YCJA s. 110 bars publishing a young person's identity, with limited exceptions such as an adult sentence. Bill C-14 adds a narrow exception for police where a youth at large poses an immediate grave danger.
Is a "young offender" charge the same as a youth charge?
Yes. The Youth Criminal Justice Act replaced the old Young Offenders Act in 2003, so you may still hear the term. Youth cases follow the YCJA's separate rules for people aged 12 to 17.
Related pages
LANGUAGES
Consultations in English, Punjabi and Hindi
Speak with Dildeep in English, Punjabi (ਪੰਜਾਬੀ) or Hindi (हिन्दी). Legal Aid Ontario certificates are accepted.
Next steps
Talk to a lawyer today
If your child has been arrested, questioned or charged, call (647) 223-1980, day or night. Start with a free consultation.
Call 24/7General information only, not legal advice. Contacting Aftermath Law does not create a lawyer-client relationship.