Youth Bail Hearings in Ontario

The short answer

Young people can be held in custody before trial only in limited cases. Unlike some adult cases, the Crown always has to prove that detention is necessary. Most young people are released, often into the care of a parent or another responsible adult. The release plan and the conditions attached to it can shape the rest of the case, so preparation matters from the very first day. This guide explains the test, the hearing and the role of parents.

When can a young person be detained?

All three of the following requirements must be met before a youth court can order detention (s. 29(2)):

1. A serious offence or a history: The young person is charged with a serious offence, or has a history of outstanding charges or findings of guilt. A "serious offence" is an indictable offence with a maximum of 5 years or more (s. 2).
2. A ground for detention: There is a substantial likelihood that the young person will not come to court, a need to protect the public, or exceptional circumstances in a serious case.
3. No workable conditions: No combination of release conditions would address the concern.

Detention cannot be used as a substitute for child protection, mental health or other social measures (s. 28.1).

Who has to prove it?

The Crown always carries the burden in a youth bail hearing (s. 29(3)). This is different from some adult cases, where the accused must show why they should be released. See our adult bail hearings page.

What happens at the hearing

1. Arrest and hold: If police do not release the young person, they must bring them before a justice, usually within 24 hours.
2. Notice to parents: Police must notify a parent as soon as possible, so the parent can attend and help with a plan.
3. The plan: The lawyer prepares a release plan, often involving a parent or another responsible adult.
4. The hearing: The Crown explains its concerns, and the defence presents the plan and any proposed conditions.
5. The decision: The justice either releases the young person with conditions or orders detention.

Anything the young person said to police before the hearing is governed by special rules, explained in our guide to police questioning of young people.

Release conditions

Conditions must be necessary, reasonable and realistic for the young person to follow. Conditions that set a young person up to fail, such as an impossible curfew, can be challenged.

For example, a curfew that does not allow a young person to get home from their part-time job may be unrealistic and open to change.

Common conditions include living with a parent, attending school, following a curfew and having no contact with certain people. Each condition should connect to a real concern in the case.

Release to a responsible person

A court can release a young person into the care of a responsible person, often a parent (s. 31). That person must be willing and able to supervise. Both the adult and the young person sign written promises. The responsible person takes on real obligations, including reporting breaches, so they should understand the role fully before agreeing to it.

Where detained youth are held

A young person who is detained is held in a youth facility, separate from adults. Detention can affect school, work and family life, which is why the defence focuses on building a plan that allows release.

Failing to comply with conditions

For many breaches, the law presumes that a warning or another extrajudicial measure is enough, unless there is a history of repeated breaches, or the breach caused harm or a risk of harm to public safety (s. 4.1). However, a breach can still lead to a new charge, so conditions should be taken seriously.

Reviewing a bail decision

If a young person is detained, or if the conditions are unworkable, the decision can be reviewed by a higher court (s. 33). Conditions can also be changed with the Crown's agreement. Changes in circumstances, such as a new place to live or a new responsible person, can support a review.

What parents should do now

• Contact a lawyer as soon as you learn your child has been arrested.
• Think about who could act as a responsible person and where your child could live.
• Gather information about school, work and any counselling or supports.
• Do not discuss the details of the allegation with your child before they speak to a lawyer.

The responsible person's obligations

A parent or other adult who agrees to act as a responsible person promises to supervise the young person and to tell the court or police if the young person breaks a condition. Taking on this role is a serious commitment, and a responsible person who wilfully fails to meet it can face legal consequences. If the arrangement stops working, for example because of a family conflict, the responsible person can ask to be relieved of the role.

Young people with mental health needs

Some young people come before the court with mental health, addiction or family challenges. The YCJA makes clear that detention must not be used in place of proper supports. A strong release plan often connects the young person with counselling, school supports or community programs, which can address the court's concerns and help the young person at the same time.

Possible outcomes

Time spent in detention before trial must be taken into account if a youth sentence is later imposed.

How we can help

We can prepare a release plan, help a parent or other adult act as a responsible person and push back on unrealistic conditions. Call (647) 223-1980 for a free consultation.

Frequently asked questions