Youth Sentences in Canada

The short answer

Youth sentences are different from adult sentences. They aim to hold young people accountable while helping them rehabilitate and return to their communities. Custody is a last resort, and most youth sentences are served in the community. A thoughtful sentencing plan, supported by family, school and counselling, can have a major effect on the outcome. This guide explains the options, the limits on custody and the 2026 changes. See our youth criminal justice page for an overview.

Sentencing principles

A youth sentence must meet several principles set out in s. 38 of the YCJA:

• Accountability: It must hold the young person accountable for the offence.
• Rehabilitation: It must support rehabilitation and reintegration into society.
• Restraint: It must be the least restrictive sentence that can achieve its purpose.
• Fairness: It must be no greater than an adult would receive in similar circumstances.

Before a case reaches sentencing, police and the Crown must consider extrajudicial measures, which can resolve a case without a youth sentence.

Youth sentence options

The options available to a youth court include (s. 42(2)):

• A reprimand, which is a formal warning from the judge.
• An absolute or conditional discharge.
• A fine of up to $1,000.
• Compensation or restitution to the victim.
• Community service.
• Probation for up to 2 years.
• A deferred custody order of up to 6 months, served in the community under strict conditions.
• Custody and supervision.

When custody is allowed

A youth court can order custody only if one of the following applies (s. 39(1)):

• The young person committed a violent offence.
• They repeatedly failed to follow non-custodial sentences, in a way that affects public safety.
• They committed an indictable offence with an adult maximum over 2 years and have a history of sanctions or findings of guilt.
• It is an exceptional case with serious aggravating factors.

A "violent offence" has always included offences in which a young person causes bodily harm. Since July 15, 2026, it also includes an offence involving the use or trafficking of a firearm, which widens the situations in which custody is possible.

Custody limits

Most youth custody sentences cannot exceed 2 years. The limit is 3 years where the adult maximum is life, and longer limits apply for murder. A custody sentence is usually served partly in custody and partly under supervision in the community, with conditions set by the court.

Since July 15, 2026, time a young person spends unlawfully at large, such as after escaping or failing to return, does not count toward the custody part of their sentence.

How the sentencing hearing works

1. Finding of guilt: The young person pleads guilty or is found guilty at trial.
2. Pre-sentence report: The court often orders a report, prepared by a youth probation officer, about the young person's background and needs (s. 40).
3. Submissions: The Crown and the defence propose sentences, supported by letters, school records and counselling reports.
4. The sentence: The judge imposes a sentence and explains the reasons.

Any time the young person spent in detention after a youth bail hearing must be taken into account in the sentence.

Adult sentences

For a young person aged 14 or older, the Crown can seek an adult sentence for an offence with an adult maximum over 2 years (s. 64). The Crown must give notice and must prove that the young person should not receive the reduced blame normally given to young people, and that a youth sentence would not be long enough to hold them accountable (s. 72).

An adult sentence also ends the publication ban that protects the young person's identity.

Reviews of youth sentences

Custody sentences and some community sentences can be reviewed by the court. A review can lead to changes when the young person has made progress, or when circumstances have changed, for example a new school placement or treatment program.

Effects beyond the sentence

A youth sentence creates a youth record with limited access periods, and it is not an adult criminal record. For non-citizens, Canadian immigration law generally does not treat a youth sentence under the YCJA as a basis for inadmissibility (Immigration and Refugee Protection Act, s. 36(3)(e)). An adult sentence is treated very differently, which is one reason the defence resists adult sentence applications so strongly.

Deferred custody and supervision

A deferred custody order allows a young person to serve a custody sentence in the community under strict conditions. If the young person follows the conditions, they never go into custody. If they break a condition, they can be sent into custody to serve the rest of the sentence. This option is not available for offences that caused or attempted to cause serious bodily harm.

How parents can help prepare for sentencing

Parents can play an important role in sentencing. Letters about the young person's character, proof of school attendance and grades, records of counselling or treatment, and information about part-time work or volunteering can all help the judge see the young person as more than the offence. A stable plan for supervision and support at home often persuades the court that a community sentence will work.

Possible outcomes

Conferences and community input

The YCJA allows a judge, the Crown or police to call a conference, which is a meeting that can include the young person, parents, the victim, community members and professionals (s. 19). A conference can give advice on an appropriate sentence or on how to support the young person. These meetings often help the court understand the young person's situation more fully and can lead to a plan that addresses the harm in a meaningful way.

How we can help

We can prepare a sentencing plan with school, family and counselling support, and fight any Crown attempt to seek an adult sentence. Call (647) 223-1980 for a free consultation.

Frequently asked questions