Youth criminal charges in BC apply to a person who was 12 to 17 years old when the offence allegedly happened. A charge is not a conviction. Most federal criminal charges are handled under the Akta Keadilan Jenayah Belia (YCJA), while provincial offences can fall under BC’s Youth Justice Act. Your teen has their own rights, including the right to a lawyer. You will usually be told about the process and encouraged to support your child, but you cannot give up your teen’s rights for them.
Quick comparison: federal charge vs provincial offence
| Soalan | Federal charge (YCJA) | Provincial offence (BC Youth Justice Act) |
|---|---|---|
| Who is a “young person”? | 12 or older, but under 18, when the offence allegedly happened | 12 or older, but under 18 |
| Bawah umur 12 tahun | No conviction for acts or omissions before age 12 (Criminal Code, s 13) | No proceedings and no finding of guilt for conduct before age 12 |
| Possible sentences | Reprimand, discharge, fine up to $1,000, community service, probation up to two years, and custody only where s 39 allows | Discharge, fine up to $1,000, community service up to 240 hours within one year, probation up to six months |
| Rekod | YCJA record rules apply | Only some YCJA record rules apply; s 128 is not among them |
Isi kandungan
- Perbandingan pantas
- A charge is not a conviction
- Your role as a parent
- Police questioning
- Warnings and extrajudicial sanctions
- Detention and release
- Sentences and adult sentences
- Privacy and records
- Costs and parental liability
- Apa yang perlu dilakukan sekarang
- Soalan Lazim
A charge is not a conviction
The YCJA creates a justice system for young people that is separate from the adult system. It rests on the idea that young people carry diminished moral blameworthiness, and it stresses rehabilitation, fair and proportionate accountability, and extra procedural protection, including privacy. The Supreme Court of Canada has said that young people are more vulnerable, less mature and have a reduced capacity for moral judgment (R v D.B., 2008 SCC 25).
A charge proves nothing by itself. At trial, the question is whether the whole of the evidence leaves a reasonable doubt about guilt (R v C.L.Y., 2008 SCC 2). In a provincial case, a teen who turns 18 after the incident is still dealt with for conduct from their youth. Turning 18 does not, on its own, change the case into an adult one.
Your role as a parent
If a teen is arrested and held until a court appearance, police must tell a parent as soon as possible where the teen is held and why (YCJA, s 26). BC’s Youth Justice Act has a similar notice rule for provincial offences, though a failure to give notice does not by itself invalidate the case.
A judge can order a parent to attend court if the parent’s presence is necessary or in the teen’s interest. Ignoring that order without a reasonable excuse can be contempt of court (YCJA, s 27).
Still, a parent is not the teen’s lawyer. The teen has the right to hire and instruct a lawyer personally and without delay (YCJA, s 25). If the teen’s interests and a parent’s interests conflict, the court must make sure the teen has a lawyer independent of the parent. If a teen wants a lawyer but cannot get one, the court must refer them to a legal aid program. That does not guarantee legal aid eligibility in every case.
Police questioning of a teen in BC
A statement from a young person to a police officer or another person in authority can be used against them only if certain conditions are met (YCJA, s 146):
- The statement was voluntary.
- Before it was made, the teen was told, in language suited to their age and understanding, that they do not have to speak, that their words can be used as evidence, and that they can consult a lawyer and a parent or another appropriate adult.
- The teen had a reasonable chance to consult a lawyer and a parent (or, if no parent is available, an adult relative or another appropriate adult of their choosing).
- If the teen consulted someone, they had a reasonable chance to give the statement with that person present.
A teen can waive these rights, but the waiver must be recorded or written and signed. In R v L.T.H., 2008 SCC 49, the Supreme Court held that a waiver is valid only if the teen truly understood the rights and the consequences of giving them up. A signature alone is not enough. A parent cannot waive the teen’s right to silence or to counsel. In practice, ask for a lawyer before your teen answers questions about the incident.
Warnings and extrajudicial sanctions
Before starting court proceedings, police must consider whether it would be enough to take no further action, give a warning or caution, or, with the teen’s consent, refer them to a community program (YCJA, s 6). A formal extrajudicial sanction is available only when those options are not enough, and only if the teen freely consents, has been told about the right to a lawyer, and accepts responsibility for the act. It cannot be imposed on a teen who denies involvement or wants the charge heard in court.
An admission made as a condition of an extrajudicial measure cannot be used against the teen in later civil or criminal proceedings. If a charge is laid after the teen has fully completed the sanction, the court must dismiss it (YCJA, s 10). Speak with a lawyer before your teen accepts one.
Detention and release conditions
Detention before trial is not automatic. The charge must fall within a legally defined group, such as a serious offence. The court must then find a specific ground, such as a substantial likelihood that the teen will not appear in court or that detention is necessary to protect the public. It must also be satisfied that no release condition could address the risk. The Attorney General carries the burden of proof (YCJA, s 29).
Release conditions must be necessary, reasonable and something the teen can realistically follow. The court may also ask whether a responsible person could take care of the teen instead of custody, and the teen must agree to that arrangement (YCJA, ss 29, 31).
Sentences and adult sentences
The purpose of a youth sentence is to hold the teen accountable through just sanctions with meaningful consequences while promoting rehabilitation and reintegration (YCJA, s 38). Custody is limited to the situations in s 39, such as a violent offence, and the court must first consider reasonable alternatives. Jail is not the automatic result of every youth conviction.
An adult sentence is not automatic either. The Attorney General may apply for one only for an offence committed after the teen turned 14 that carries more than two years of imprisonment for an adult (YCJA, s 64). The court may impose it only if it finds that the presumption of diminished moral blameworthiness is rebutted and that a youth sentence would not be long enough to hold the teen accountable. The Attorney General must prove both (YCJA, s 72). In R v I.M., 2025 SCC 23, the Supreme Court said the presumption must be rebutted beyond a reasonable doubt and that the focus is on the teen’s own developmental maturity, not only on how serious the offence was.
Privacy and records
As a general rule, no one may publish a young person’s name or any information that identifies them as someone dealt with under the YCJA. The same protection covers young victims and witnesses. There are limited exceptions, including adult sentences (YCJA, ss 110 to 111). Parents are generally among the people who cannot be removed from the courtroom (YCJA, s 132).
Records do not vanish at 18. For a conviction on an indictable offence, the access period generally runs until five years after the youth sentence is completed (YCJA, s 119(2)(h)). After that, many records may be destroyed at the record-holder’s discretion, which is not the same as automatic deletion (YCJA, s 128). In a BC provincial case, s 128 is not among the YCJA provisions that apply, so do not assume the same record rules carry over.
Costs and parental liability
A teen’s fine or sentence is not automatically a parent’s debt. Two points are worth knowing. First, the YCJA lets a province set up a program to recover a teen’s legal costs from the teen or parents, but only after the case and any appeal are finished (YCJA, s 25(10)). Second, under the Parental Liability Act, a parent can be sued for up to $10,000 if a child under 18 intentionally takes, damages or destroys another person’s property. A parent has a defence if they show they exercised reasonable supervision and made reasonable efforts to prevent or discourage that behaviour.
Apa yang perlu dilakukan sekarang
- Collect the charge document, summons, release order and every condition. Write down court dates and any no-contact or curfew terms.
- Hubungi a peguam bela jenayah promptly. If your teen is in custody or has a release hearing, raise this first.
- Before any extrajudicial sanction, ask a lawyer what an admission of responsibility means and whether your teen can still go to court.
- Help your teen keep messages, photos, videos and witness details. Do not delete anything, and do not breach any release condition or court order.
- Do not post names, photos, school details or anything that could identify your teen or a victim or witness.
- Never encourage or help your teen break a sentence or condition. The YCJA makes it a separate offence to knowingly do so (s 136).
FAQ: Youth criminal charges in BC
Can my child be convicted for something done before age 12?
No. Under the Criminal Code, no one can be convicted for an act or omission from before age 12, and BC’s Youth Justice Act bars provincial proceedings for that conduct.
Will police tell me if my teen is arrested?
If your teen is arrested and held until a court appearance, police must give a parent notice as soon as possible, including the place of detention and the reason.
Can I give up my teen’s right to a lawyer or to stay silent?
No. These rights belong to the teen, and any waiver must reflect the teen’s real understanding of the rights and consequences.
Does a youth record disappear at 18?
Not automatically. Access periods depend on the outcome, and many records “may” be destroyed rather than being erased at once.
Can a teen receive an adult sentence?
Only in limited cases: an offence committed after age 14 that carries more than two years for an adult, an application by the Attorney General, and findings by the court that the legal tests are met.
Am I financially responsible if my teen damages property?
Possibly. Under BC’s Parental Liability Act, a parent can be sued for up to $10,000 for intentional property loss by a child, subject to a defence of reasonable supervision and effort.
Disclaimer: This article is provided by Perbadanan Undang-undang Pax for general information only. It is not legal advice, and reading it does not create a lawyer-client relationship. Laws change and every case depends on its facts. For advice about your family’s situation, hubungi peguam.
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