Youth court is the court that generally hears matters involving young people accused of an offence under the Youth Criminal Justice Act (YCJA). While it deals with many of the same underlying Criminal Code and other federal offences as adult court, it generally follows a distinct set of procedures built around the YCJA's emphasis on privacy, proportionate accountability, and the reduced maturity of young people. This page provides a general overview of how youth court differs from adult criminal court. It is general information only and does not replace advice from a lawyer about a specific case.
A Separate Court With Its Own Procedures
Matters involving a young person accused of an offence are generally heard in a distinct youth court rather than the ordinary adult criminal court, even though both ultimately apply the Criminal Code and other federal offences to the facts of a case. Youth court generally applies the YCJA's own procedural rules on top of that underlying law, covering everything from how a young person is advised of their rights to how sentencing is approached. See young people accused of offences for a broader look at the general process leading up to court.
The Publication Ban on a Young Person's Identity
One of the most significant differences from adult court is a general publication ban on information that would identify a young person dealt with under the YCJA. In general terms, no person may publish the name of a young person, or other information that would identify them, in connection with a proceeding under the Act. This reflects a deliberate policy choice to protect a young person from the lasting reputational harm that public identification could cause, consistent with the Act's broader emphasis on rehabilitation and reintegration.
General Exceptions to the Publication Ban
The publication ban is not absolute. Generally recognized exceptions include situations where a young person is sentenced as an adult for a serious offence, where a court specifically permits publication because a young person subject to a youth sentence poses a significant risk of committing another violent offence and publication is considered necessary to protect the public, where police obtain a specific court order permitting publication to help locate a young person believed to be a danger to others, and, once a young person turns 18 and is not in custody, where they choose to consent to publication of their own name. Publication made in the ordinary course of the administration of justice, where the purpose is not to make the information known in the community, is also generally treated differently. This is a legally detailed area, and whether an exception applies in a specific case should be confirmed with a lawyer rather than assumed.
Because the publication ban is a general legal protection, it is also a reason parents, friends, and others connected to a case should be cautious about discussing details online or with people outside the immediate circle involved. See parents and guardians for related guidance.
Enhanced Privacy Protections More Generally
Beyond the publication ban itself, the YCJA generally builds in enhanced privacy protections throughout the process, including specific, generally more restrictive rules about who can access court records and youth records compared to the adult system. See youth records for a detailed look at how access to youth records is generally limited and for how long.
Trial by Judge, Not Jury, in Almost All Cases
In the great majority of cases, a young person is generally tried by a youth court judge alone, not by a jury. This general rule reflects the view that a less formal, less intimidating court setting is generally more appropriate for a young person. There is a narrow, generally recognized exception for very serious matters, where a young person facing a potential lengthy sentence, such as a murder charge, may generally have the option to elect a preliminary inquiry and trial by judge and jury, similar to an adult facing an equivalent charge. This is a narrow, fact-specific area, and a lawyer can advise on whether it could apply to a particular case.
What the Courtroom Experience Is Generally Like
Youth courtrooms generally aim to be somewhat less formal and less intimidating than adult courtrooms, though the underlying seriousness of the proceeding remains the same. Judges, Crown counsel, and court staff who regularly work in youth court generally have specific experience communicating with young people and are generally expected to explain the process in a way a young person can understand. That said, appearing in court is still a serious matter, and preparation with a lawyer beforehand generally makes a meaningful difference in how a young person experiences the process.
Court Appearances and Timelines
Like the adult system, a youth case generally proceeds through a series of appearances, which can include an initial appearance, discussions about resolution or extrajudicial sanctions, and, if the matter is not resolved, a trial. Timelines can vary considerably based on the complexity of the case and the busyness of the specific courthouse. A lawyer will generally track upcoming dates and requirements and can explain what to expect at each stage of a specific case.
When an Adult Sentence Can Be Considered
For a narrow category of very serious offences, and generally only after a young person has been found guilty, the YCJA sets out a specific process by which the Crown may seek an adult sentence rather than a youth sentence. This process generally involves its own procedural safeguards and is generally reserved for the most serious cases. Where an adult sentence is imposed, some of the youth-specific protections described on this page, including aspects of the publication ban and record-keeping rules, generally no longer apply in the same way. See youth sentencing for more on how sentencing decisions are generally approached.
Frequently Asked Questions
Is youth court the same room as adult court?
No. Youth matters are generally heard in a distinct youth court that applies YCJA-specific procedures, even though the underlying offences come from the same body of law.
Can the media publish a young person's name?
Generally not, while they are being dealt with under the YCJA. A general publication ban applies, subject to specific, generally narrow exceptions.
Is there ever a jury in youth court?
Almost never. Most matters are decided by a youth court judge alone, with a narrow exception for certain very serious offences where a jury trial may be available.
Can the public attend a youth court hearing?
Youth court proceedings generally involve enhanced privacy protections compared to adult court, and access can generally be more restricted. A lawyer can advise on the specific rules that apply to a given proceeding.
Does a youth court finding count as a criminal conviction the same way as in adult court?
Youth court findings of guilt are generally treated differently from adult convictions, including for record-keeping purposes. See youth records for detail.
Can a young person ever be sentenced as an adult?
In narrow, generally very serious circumstances, and only through a specific process, a young person may be sentenced as an adult. This is uncommon and fact-specific.
Does a young person need a lawyer for youth court?
Strongly recommended, and the YCJA generally provides robust rights to counsel specifically because of this. See legal assistance for young people for how to access one.