Welcome to JFCY’s Legal Wiki which provides information about the legal rights of children and youth in Ontario. Click here to download this information from our Publications page. Please contact us if you have any questions or trouble finding the information that you seek. You should speak to a lawyer for legal advice since laws often change.
If you are found guilty and you disagree with that finding, you may appeal to a higher court. This means you can ask a higher court to look at your case. The higher court may agree with and uphold the decision, decide to change the decision, or order a new trial.
The prosecutor can also appeal if you are found not guilty.
Yes. Both you and the prosecutor may appeal if one of you feels the sentence wrong. However, any future review of your youth sentence, whether custodial or not, cannot be appealed. Instead, if you are sentenced to custody for more than 1 year, there will be an automatic review of your youth sentence. You may ask for a review of your youth sentence not involving custody.
Yes, you can appeal a judge’s decision
Note: An appeal related to an order for a ban on publication must be appealed along with an appeal of the sentence.
If you received a custody sentence and the prosecutor asks the judge to keep you in custody instead of serving part of your sentence under supervision in the community, either you or the crown attorney can appeal the judge’s decision.
Under certain circumstances, even if you got custody as your sentence at your trial, the higher court can release you from custody while the appeal is going on.
Even if you have appealed, the prosecutor can still collect samples of your bodily substances for DNA samples, with a court order after you have been found guilty of an offence under the YCJA.
Usually, even if you are in custody, you are allowed to be present at the hearing of an appeal if you choose.
You should consult a lawyer to see if you have a legal reason to appeal.
The Youth Criminal Justice Act (YCJA) provides unique rights and procedures for young people between the ages of 12 - 17 who are charged with a criminal offence in Canada.
If you are found guilty and you disagree with that finding, you may appeal to a higher court. This means you can ask a higher court to look at your case. The higher court may agree with and uphold the decision, decide to change the decision, or order a new trial.
The prosecutor can also appeal if you are found not guilty.
Yes. Both you and the prosecutor may appeal if one of you feels the sentence wrong. However, any future review of your youth sentence, whether custodial or not, cannot be appealed. Instead, if you are sentenced to custody for more than 1 year, there will be an automatic review of your youth sentence. You may ask for a review of your youth sentence not involving custody.
Yes, you can appeal a judge’s decision
Note: An appeal related to an order for a ban on publication must be appealed along with an appeal of the sentence.
If you received a custody sentence and the prosecutor asks the judge to keep you in custody instead of serving part of your sentence under supervision in the community, either you or the crown attorney can appeal the judge’s decision.
Under certain circumstances, even if you got custody as your sentence at your trial, the higher court can release you from custody while the appeal is going on.
Even if you have appealed, the prosecutor can still collect samples of your bodily substances for DNA samples, with a court order after you have been found guilty of an offence under the YCJA.
Usually, even if you are in custody, you are allowed to be present at the hearing of an appeal if you choose.
You should consult a lawyer to see if you have a legal reason to appeal.
Going to school is a legal requirement for young people between the ages of 6 and 17. The Education Act gives parents and children specific rights in the publicly funded school system.
In Ontario, you can choose where you live when you are 16 years old. The decision to leave is often not easy and can lead to difficulties in getting all your belongings, having enough money to support yourself and attending school.
Become informed about your legal rights when it comes to decisions about your healthcare and mental healthcare treatment. This includes any procedure carried out or prescribed by a health practitioner to diagnose or treat a physical or mental health condition.
The Ontario Human Rights Code protects you from discrimination on many grounds and in many social areas. Specific legal concerns raised by youth identifying in LGBTQI2S communities are about GSAs, Trans and Gender Inclusive Spaces and changing their ID.
You can be given a ticket for breaking a provincial law if you are over the age of 16. Some of the common laws that young people are given tickets for is covered in this section.
In family law, the rights of children are unique. Become informed about going into and being in the care of a Children's Aid Society, when parents can assault you (corporal punishment / spanking exemption to assault), and your right to be heard when your parents are splitting up.
JFCY's Childhood Arrivals and Support & Advocacy Program (CASA) provides services to young people who arrived in Canada as children and are living in Ontario without immigration status.
Street Youth Legal Services (SYLS) is a program that provides information and services for homeless youth between the ages of 16 - 25. These are some of the common issues that the SYLS lawyer is asked about.
