12 First Avenue, Orangeville, ON L9W 1H8, Canada
Phone: (519) 940 - 8309
Fax: (519) 940 - 0526

Youth Criminal Defence

When a young person is investigated or charged with a criminal offence, the consequences can extend far beyond the courtroom. A criminal allegation may affect education, employment opportunities, travel, and a young person's future if it is not handled properly.

Foote Law represents youth between the ages of 12 and 17 throughout Ontario under the Youth Criminal Justice Act (YCJA). We provide strategic legal advice from the earliest stages of an investigation through bail hearings, trials, sentencing, and record-related issues.

The YCJA recognizes that young people are different from adults. Rather than emphasizing punishment, the legislation focuses on accountability, rehabilitation, and helping youth successfully reintegrate into their communities.

How Foote Law Helps Young Persons
and Their Families

Foote Law represents young people throughout every stage of Youth Criminal Justice Act proceedings, including:

  • Negotiating extrajudicial measures before criminal charges are laid
  • Representation at bail hearings
  • Preparing release plans
  • Defending charges in Youth Justice Court
  • Sentencing submissions seeking the least restrictive outcome
  • Responding to Crown applications for adult sentences
  • Advice regarding youth records, record closure periods, and police record retention

We accept Legal Aid Ontario certificates and Employee Assistance Program (EAP) referrals.

Foote Law represents clients in Orangeville, Brampton, Shelburne, Alliston, Barrie, Owen Sound, Newmarket, Guelph, the Greater Toronto Area, and throughout Ontario through both in-person and virtual appointments.

Early Legal Advice Can Make a Difference

Before Charges Are Laid

Many parents are surprised to learn that criminal charges are not always the first outcome when police investigate a young person.

Before laying a charge, police must consider whether an extrajudicial measure is appropriate under the YCJA. Depending on the circumstances, this may include:

  • Police warnings
  • Police cautions
  • Crown cautions
  • Extrajudicial sanctions

Extrajudicial Sanctions

An extrajudicial sanction allows a young person to accept responsibility without receiving a criminal conviction. Once successfully completed, no finding of guilt is entered.

Obtaining legal advice early can create opportunities to resolve a matter before formal charges are ever laid.

Youth Justice Court & Sentencing

01

Youth Justice Court

Youth criminal matters are heard in the Youth Justice Court, which operates differently from adult criminal court.

Important protections available under the YCJA include:

  • Court proceedings are generally closed to the public
  • Publication bans usually prevent the media from identifying the young person
  • Parents or guardians must generally be notified following an arrest
  • Young persons have the right to speak with a lawyer at every stage of the proceedings
  • Young persons may apply for judicial interim release where permitted under the YCJA

These protections recognize that young people require additional safeguards while navigating the criminal justice system.

02

Sentencing Under the Youth Criminal Justice Act

The primary objective of youth sentencing is rehabilitation while holding the young person accountable in a manner that is fair and proportionate.

Unlike adult sentencing:

  • Mandatory minimum penalties generally do not apply to youth sentences
  • Courts must consider the least restrictive sentence that is appropriate
  • Custody is reserved for more serious cases, including violent offences and certain repeat offenders

Possible sentences include:

  • Reprimands
  • Absolute or conditional discharges where available
  • Probation
  • Community-based sentences
  • Custody and supervision orders in appropriate cases

The appropriate sentence depends on the circumstances of both the offence and the young person.

Youth Criminal Records &
Adult Sentence Applications

Many families worry about how long a youth criminal record will remain accessible.

The YCJA provides strict privacy protections that are not available in the adult criminal justice system.

Youth Record Closure Periods

  • Extrajudicial sanctions — 2 years
  • Summary conviction offences — 3 years
  • Indictable offences — 5 years

Subject to the legislation, youth records generally close after specified periods following completion of the sentence.

Once a youth record has closed, it is generally treated as though it does not exist.

However, if a person is convicted of an adult offence while the youth record remains open, significant consequences may follow, including extended access to the youth record.

Foote Law advises clients regarding youth record closure, disclosure rules, and police record retention under the YCJA.

Adult Sentence Applications

  • For certain serious offences, the Crown may seek an adult sentence against a young person aged 14 to 17
  • Adult sentence applications involve complex legal issues and can have lifelong consequences because many of the privacy protections available under the YCJA no longer apply if an adult sentence is imposed
  • The Supreme Court of Canada has confirmed that the Crown bears a significant burden before a youth may receive an adult sentence, reflecting the principle that young persons have diminished moral blameworthiness compared to adults
  • Early and experienced legal representation is critical whenever an adult sentence is being considered

Why Choose Foote Law?

Foote Law provides practical, strategic representation focused on protecting the future of young persons facing criminal allegations.

We assist clients throughout Ontario with:

Early intervention before charges are laid

🏛

Bail hearings

📋

Youth criminal trials

🗣

Sentencing advocacy

🔄

Appeals

📁

Youth record issues

Adult sentence applications

Our goal is to resolve matters efficiently while protecting the long-term interests of every young person we represent.

Speak With an Ontario Youth
Criminal Defence Lawyer

A youth criminal charge does not have to define a young person's future.

The earlier legal advice is obtained, the more options may be available to resolve the matter, protect privacy, and pursue the best possible outcome under the Youth Criminal Justice Act.

Contact Foote Law today to schedule a confidential consultation. We represent young persons and their families throughout Ontario, both in person and virtually.

Request a Consultation →
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