Imagine you are at work when you receive a call from the police. You are told that your child has been arrested and that you need to attend the police station immediately. For any parent, this can be a frightening and overwhelming moment.
In Ontario, youth criminal matters are governed by the Youth Criminal Justice Act (YCJA). The YCJA is a federal law that sets out how young persons (generally individuals aged 12 to 17) are investigated, charged, and dealt with in the criminal justice system. It is designed to recognize that youth are still developing and should be treated differently from adults, with an emphasis on rehabilitation, reintegration, and proportional accountability.
What happens after a youth is arrested?
If a young person is arrested, police will typically take them into custody and decide whether they can be released or whether they need to remain detained. In many cases, police may attempt to release the youth directly from the station with conditions, often to a parent or guardian. In other cases, the youth may be held for a bail hearing.
As a parent or guardian, you may be asked to attend the police station. This can involve:
- Being informed of the reason for the arrest
- Being asked to participate in a release plan or act as a surety
- Signing documents relating to conditions of release
- Receiving information about the next court date
It is important to understand that anything said or signed at this stage can have legal implications later in the process.
The importance of early legal advice
One of the most important steps a parent can take is to seek legal advice as early as possible. Decisions made in the first few hours after an arrest can significantly affect whether a youth is released, under what conditions, and how the case proceeds in court.
A lawyer can assist by:
- Communicating with police and Crown counsel
- Advising on whether to accept or negotiate release conditions
- Assisting with bail hearings, if required
- Helping parents understand their role as a potential surety
- Ensuring the youth’s rights are protected throughout the process
- Connecting families with the appropriate youth justice resources and court support services through the Ontario Court of Justice system
Moving forward
While an arrest is serious, it does not mean that a young person’s future is defined by a single event. The YCJA is structured to allow for rehabilitation and meaningful opportunities to move forward, particularly where appropriate support systems are in place. Every criminal case turns on its own facts, the available evidence, and how the matter is presented in court. While being charged is serious and often overwhelming, it does not determine the outcome of the case.
At Escudero Law, the focus is on providing clear, practical guidance and strong defence representation at every stage of the process—from bail through to resolution or trial. If you are facing a criminal charge, obtaining early legal advice can make a significant difference in how your case is managed and resolved.