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 have been arrested, detention is a place where you can be held until your case comes up in court. You will not be allowed to go home until the court says so. You can be detained if the judge or justice of the peace believes it is necessary to protect the public or to make sure you come to court when you have to. A judge cannot put you in detention for your own protection, because you have a mental illness, are in need of a place to live or need social services.
If the offence you are charged with is not serious enough for you to be sentenced to custody then the judge should not place you in detention while you wait for your case to be heard.
However, if the judge decides you should be detained until your case is heard, they need to first find out if there is a responsible adult who would take care of you and help you get to court. If there is and you agree to go with this person, then the judge may release you to their care. If no one can be found or you do not want to go, then you will be held in detention.
If you have already been to court and you have been found guilty, you might also be held in detention until the judge makes a decision about your sentence.
Usually you will be held in a place designated for young people.
You may be held in:
You will generally be held in a place separate from where adults are being held. Where separate buildings are not available, you may be held in the same building as adults but must be separated. Also, a court can give permission for you to be held in the same place as an adult. The court may do so because:
If the judge decides you should be detained until your case is heard, the provincial director can apply to the court to have you held in an adult facility. If this happens, you have a right to voice your opinion.
If the judge decides that you should be detained until your case is heard, you will be held in an adult facility, and you do not have the right to voice your opinion.
Yes. As soon as possible after you are arrested and detained, the police contact your parent(s). They will tell your parent(s) where you are and why you are being detained.
Not necessarily. If you are detained after your arrest, the police must bring you before the court within 24 hours or as soon as possible to have the court decide on whether to release you or continue to detain you until your trial. This is called a bail hearing.
The crown attorney must show the judge why you should remain in detention because, you will not show up for court unless you are detained, or you will probably commit another crime if you are released. For example, if you have been charged with a more serious offence, if you have other previous charges or if you have previously failed to appear.
By showing that:
This may be done by showing you have made a statement to police admitting to the offence, that you have other charges and criminal convictions, or that you have failed to attend court or escaped custody in the past.
The judge must let you go after you have signed a form promising to be in court on a certain date.
You might. These conditions could include:
You may be kept in detention until your case is heard in court. If you feel your case is moving too slowly, ask your lawyer to try to speed things up.
You may apply to a judge for a review of your situation. Contact your lawyer for advice on how to do this. You can also tell the worker in the detention home or the superintendent that you want your situation reviewed.
You have rights in detention. You have the right to have your basic needs met, the right to recreation, the right not to be physically disciplined and rights relating to the use of segregation as well as other rights. If you have any concerns or questions you have the right to call a lawyer or a child and youth advocate.
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 have been arrested, detention is a place where you can be held until your case comes up in court. You will not be allowed to go home until the court says so. You can be detained if the judge or justice of the peace believes it is necessary to protect the public or to make sure you come to court when you have to. A judge cannot put you in detention for your own protection, because you have a mental illness, are in need of a place to live or need social services.
If the offence you are charged with is not serious enough for you to be sentenced to custody then the judge should not place you in detention while you wait for your case to be heard.
However, if the judge decides you should be detained until your case is heard, they need to first find out if there is a responsible adult who would take care of you and help you get to court. If there is and you agree to go with this person, then the judge may release you to their care. If no one can be found or you do not want to go, then you will be held in detention.
If you have already been to court and you have been found guilty, you might also be held in detention until the judge makes a decision about your sentence.
Usually you will be held in a place designated for young people.
You may be held in:
You will generally be held in a place separate from where adults are being held. Where separate buildings are not available, you may be held in the same building as adults but must be separated. Also, a court can give permission for you to be held in the same place as an adult. The court may do so because:
If the judge decides you should be detained until your case is heard, the provincial director can apply to the court to have you held in an adult facility. If this happens, you have a right to voice your opinion.
If the judge decides that you should be detained until your case is heard, you will be held in an adult facility, and you do not have the right to voice your opinion.
Yes. As soon as possible after you are arrested and detained, the police contact your parent(s). They will tell your parent(s) where you are and why you are being detained.
Not necessarily. If you are detained after your arrest, the police must bring you before the court within 24 hours or as soon as possible to have the court decide on whether to release you or continue to detain you until your trial. This is called a bail hearing.
The crown attorney must show the judge why you should remain in detention because, you will not show up for court unless you are detained, or you will probably commit another crime if you are released. For example, if you have been charged with a more serious offence, if you have other previous charges or if you have previously failed to appear.
By showing that:
This may be done by showing you have made a statement to police admitting to the offence, that you have other charges and criminal convictions, or that you have failed to attend court or escaped custody in the past.
The judge must let you go after you have signed a form promising to be in court on a certain date.
You might. These conditions could include:
You may be kept in detention until your case is heard in court. If you feel your case is moving too slowly, ask your lawyer to try to speed things up.
You may apply to a judge for a review of your situation. Contact your lawyer for advice on how to do this. You can also tell the worker in the detention home or the superintendent that you want your situation reviewed.
You have rights in detention. You have the right to have your basic needs met, the right to recreation, the right not to be physically disciplined and rights relating to the use of segregation as well as other rights. If you have any concerns or questions you have the right to call a lawyer or a child and youth advocate.
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.
Emergency help, criminal court, civil remedy and other supports
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.
