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.
You should talk to a lawyer whenever you:
You need a lawyer to speak for you and to make sure that your rights are protected. Your parents and others who give you advice may not know the legal consequences of accepting their advice.
It means that if you are charged with a criminal offence, you have the right to speak to and get advice from a lawyer. You also have the right to speak to a lawyer if you are offered an extrajudicial sanction. See the section on EJM & EJS.
Yes. When you are arrested the police must tell you that you have a right to have a lawyer and must give you a chance to contact one. If you do not have a lawyer at any hearing, trial, or review, the judge must tell you of this right and must give you the chance to get a lawyer.
If you can’t afford a lawyer, you can apply for a Legal Aid certificate before your court date by calling Legal Aid Ontario: 416-979-1446. You can also make an application at the Legal Aid office at any of the youth courts in Toronto. If you are outside of Toronto, contact Legal Aid by calling 1-800-668-8258.
When you make an application for Legal Aid you will be asked to produce information about your and/or your parents’ financial situation, to show that you qualify.
Bring all of the following that apply to you and/or your parents:
If you don’t have the above information or don’t live with your parents, you can bring a letter from staff at a shelter, drop-in centre or other agency, stating that you have little or no money.
If you are denied Legal Aid and want a lawyer, talk to the Duty Counsel lawyer. This is especially important if you want to plead not guilty. One reason you may be denied is that Legal Aid believes there is no chance of you receiving a jail sentence if found guilty. Duty counsel can ask the judge to order Legal Aid to provide you with a certificate. To do this you must have a rejection letter from Legal Aid.
If you applied for Legal Aid and were turned down, you can and should ask the judge to make sure that a lawyer is appointed for you. This right to a lawyer is guaranteed under the Youth Criminal Justice Act. However, if you are 20 or older at the time you go for your first appearance for a Youth Justice Court charge, you do not have this right.
Note: the province or territory can try to get back the money that is spent for your court-ordered lawyer from you or your parent(s). This does not mean that they will do this, only that they can.
If you have a lawyer in mind, he or she can ask the judge to order his or her fees paid. Otherwise, someone who works for the province or territory will appoint a lawyer to you.
Some provinces and territories have other legal services available for people with low incomes. Often, universities with law schools have programs that provide legal services for free or for a small fee. Here are some examples:
Ontario has a large number of community legal clinics that provide legal services to people with low incomes. Justice for Children and Youth (416-920-1633 or toll-free: 1-866-999-5329) helps young people under the age of 18 with various legal matters, including charges under the Youth Criminal Justice Act.
In Manitoba, law students at the University Law Centre (University of Manitoba) will represent people with minor criminal charges.
In Alberta, a program is offered on the Siksika Reserve which provides criminal legal services.
Some provinces and territories have duty counsel. Duty Counsel are Legal Aid lawyers who are in the courthouse building for the day to help you. If you do not have your own lawyer, duty counsel can give you some limited advice and speak for you in court. They usually will not represent you at a trial.
You are allowed to do this but it is not a good idea.
While this adult is concerned about you, he or she may not be familiar with the criminal law (especially the Youth Criminal Justice Act), the rules of the court or the consequences of not providing the appropriate information to the court. An adult who is not a lawyer who does criminal work for young people may not know what programs are available to help you obtain extrajudicial measures or to avoid custody.
Ask him or her the following questions:
If the lawyer answers “yes” to most of these questions, then he or she will probably be a good lawyer for you.
Your lawyer should listen to your problem and understand what you want. He or she should give you advice and then do what you want (within certain limits) rather than what other people think might be best for you. The information that you give your lawyer is private. Your lawyer cannot tell anyone, including your parents or guardian, social worker, or the police, what you say unless you give your lawyer permission to do so. However, if you tell your lawyer that you are going to harm someone, they may have to report this to the police.
If you feel that your lawyer is not doing a good job representing you, you can ask that another lawyer take your case. If your lawyer is paid by Legal Aid, you should find our whether Legal Aid will still pay if you change lawyers.
Your lawyer should:
The police officer’s story of what happened will be told to the judge by a professional, either a lawyer or an experienced police officer. Because of this, you also need a trained person who can tell your side of what happened to the court. This must be done in a logical way and follow the rules of the court. You also need someone who can carefully question the police and police witnesses.
Ask you provincial or territorial law society about what can be done. You may want to appeal your case. See section on Appeals.
Remember: Your appearance in court may have serious consequences for you. You need a trained lawyer to advise you and to present your case in court.
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.
You should talk to a lawyer whenever you:
You need a lawyer to speak for you and to make sure that your rights are protected. Your parents and others who give you advice may not know the legal consequences of accepting their advice.
It means that if you are charged with a criminal offence, you have the right to speak to and get advice from a lawyer. You also have the right to speak to a lawyer if you are offered an extrajudicial sanction. See the section on EJM & EJS.
Yes. When you are arrested the police must tell you that you have a right to have a lawyer and must give you a chance to contact one. If you do not have a lawyer at any hearing, trial, or review, the judge must tell you of this right and must give you the chance to get a lawyer.
If you can’t afford a lawyer, you can apply for a Legal Aid certificate before your court date by calling Legal Aid Ontario: 416-979-1446. You can also make an application at the Legal Aid office at any of the youth courts in Toronto. If you are outside of Toronto, contact Legal Aid by calling 1-800-668-8258.
When you make an application for Legal Aid you will be asked to produce information about your and/or your parents’ financial situation, to show that you qualify.
Bring all of the following that apply to you and/or your parents:
If you don’t have the above information or don’t live with your parents, you can bring a letter from staff at a shelter, drop-in centre or other agency, stating that you have little or no money.
If you are denied Legal Aid and want a lawyer, talk to the Duty Counsel lawyer. This is especially important if you want to plead not guilty. One reason you may be denied is that Legal Aid believes there is no chance of you receiving a jail sentence if found guilty. Duty counsel can ask the judge to order Legal Aid to provide you with a certificate. To do this you must have a rejection letter from Legal Aid.
If you applied for Legal Aid and were turned down, you can and should ask the judge to make sure that a lawyer is appointed for you. This right to a lawyer is guaranteed under the Youth Criminal Justice Act. However, if you are 20 or older at the time you go for your first appearance for a Youth Justice Court charge, you do not have this right.
Note: the province or territory can try to get back the money that is spent for your court-ordered lawyer from you or your parent(s). This does not mean that they will do this, only that they can.
If you have a lawyer in mind, he or she can ask the judge to order his or her fees paid. Otherwise, someone who works for the province or territory will appoint a lawyer to you.
Some provinces and territories have other legal services available for people with low incomes. Often, universities with law schools have programs that provide legal services for free or for a small fee. Here are some examples:
Ontario has a large number of community legal clinics that provide legal services to people with low incomes. Justice for Children and Youth (416-920-1633 or toll-free: 1-866-999-5329) helps young people under the age of 18 with various legal matters, including charges under the Youth Criminal Justice Act.
In Manitoba, law students at the University Law Centre (University of Manitoba) will represent people with minor criminal charges.
In Alberta, a program is offered on the Siksika Reserve which provides criminal legal services.
Some provinces and territories have duty counsel. Duty Counsel are Legal Aid lawyers who are in the courthouse building for the day to help you. If you do not have your own lawyer, duty counsel can give you some limited advice and speak for you in court. They usually will not represent you at a trial.
You are allowed to do this but it is not a good idea.
While this adult is concerned about you, he or she may not be familiar with the criminal law (especially the Youth Criminal Justice Act), the rules of the court or the consequences of not providing the appropriate information to the court. An adult who is not a lawyer who does criminal work for young people may not know what programs are available to help you obtain extrajudicial measures or to avoid custody.
Ask him or her the following questions:
If the lawyer answers “yes” to most of these questions, then he or she will probably be a good lawyer for you.
Your lawyer should listen to your problem and understand what you want. He or she should give you advice and then do what you want (within certain limits) rather than what other people think might be best for you. The information that you give your lawyer is private. Your lawyer cannot tell anyone, including your parents or guardian, social worker, or the police, what you say unless you give your lawyer permission to do so. However, if you tell your lawyer that you are going to harm someone, they may have to report this to the police.
If you feel that your lawyer is not doing a good job representing you, you can ask that another lawyer take your case. If your lawyer is paid by Legal Aid, you should find our whether Legal Aid will still pay if you change lawyers.
Your lawyer should:
The police officer’s story of what happened will be told to the judge by a professional, either a lawyer or an experienced police officer. Because of this, you also need a trained person who can tell your side of what happened to the court. This must be done in a logical way and follow the rules of the court. You also need someone who can carefully question the police and police witnesses.
Ask you provincial or territorial law society about what can be done. You may want to appeal your case. See section on Appeals.
Remember: Your appearance in court may have serious consequences for you. You need a trained lawyer to advise you and to present your case in court.
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.
