Arrest and Police (YCJA)

When can the police stop me?

The police can stop you if they have reasonable and probable grounds to believe that you have committed, or are about to commit a crime. They can also stop you if you are caught committing a crime.

Last Reviewed: February 2013

If I get into trouble, do the police have to charge me?

No. There are ways of dealing with less serious behaviour that do not involve charges or court proceedings. The police will assess your situation and they have some discretion about the way they handle your situation. If you have not committed a serious offence, the Youth Criminal Justice Act encourages the police to use what are called extrajudicial measures (see link below). These measures divert youth from the court process and keep them from having a youth court record. See the Extrajudicial Measures series of FAQs on this website for further information.

Last Reviewed: February 2013

What can the police do if they stop me?

The police can decide to:

• take no further action and let you go;
• not charge you with an offence, but instead, use extrajudicial measures, which could include taking no further action and letting you go, or referring you to a community program or agency;
• charge you with an offence and send you home with a form for your parents or guardians explaining that you must appear in Youth Justice Court; or
• charge you with an offence and keep you in custody.

Last Reviewed: February 2013

When can I be arrested?

The police have the power under the Criminal Code to arrest you. To be arrested means to be deprived of your freedom against your will by legal authority. The police have the right to arrest you when:

• you have committed a serious crime;
• the police officer has reasonable and probable grounds to believe that you have committed a serious crime, or you are about to do so;
• you are caught in the process of committing a serious crime; or
• if the police officer sees you breaching the peace in some way, such as fighting.

Last Reviewed: February 2013

What happens if I am arrested?

While they are investigating an incident, the police may detain you to ask you questions. Then, they must either arrest you and charge you with an offence, or make a decision to handle your situation outside of formal charges. If they decide to arrest you, they must tell you that you are under arrest and the charge that you face.

Last Reviewed: February 2013

What happens if I am charged with an offence?

If you are charged with an offence, the police MUST tell you:

• what you are charged with in a way that you can understand;
• that you have the right to call, hire, and give instructions to a lawyer;
• that you have the right to talk to your parents or another adult;
• that legal aid, free preliminary legal advice or the help of duty counsel (a lawyer on call to give advice) is available to help you;
• give you a reasonable opportunity to exercise these rights.

At the police station, the police will ask for your name, address and birth date. You must give them this information. They may also take your picture and fingerprints.

Last Reviewed: February 2013

Can I ask for help?

Yes. All Canadians, under the Canadian Charter of Rights and Freedoms, have the right to talk to a lawyer, and to hire and give instructions to a lawyer if they have been arrested or detained by the police. All Canadians must be informed of this right and be given a reasonable opportunity to use it. Young people are no exception, and the Youth Criminal Justice Act is very clear that you must be given the same rights as adults have under the Charter, and some additional protections as well.

Last Reviewed: February 2013

What protections do I have?

There are a number of rights that young persons have if they are arrested and detained by the police.

• You must be told immediately that you have the right to speak to a lawyer and hire a lawyer to help you. This right belongs to you personally; you do not need to use it through your parents or legal guardians.
• You have the right to hire and instruct a lawyer at any stage of any legal proceedings against you;
• The police must tell you that you have the right to speak to your parents or other adult and this right is separate and in addition to your right to have the help of a lawyer;
• The police must tell you about the availability of legal aid, free preliminary legal advice, or duty counsel to help you;
• Young persons have special protections to their privacy under the Youth Criminal Justice Act.

All of this information must be given to you in a language and manner that you understand.

Last Reviewed: February 2013

If I am arrested, should I call a lawyer?

There are many reasons why you may want to call a lawyer.

• Anything you say can be used against you as evidence in court. A lawyer will advise you what you should or should not say.
• You have the right to legal advice and you should take advantage of that right.
• Your lawyer acts for you and not for your parents or other adult.
• Lawyers know the law and the legal system and will know the best way to help you.
• Lawyers can explain your options and the consequences of choosing your options.

Last Reviewed: February 2013

What if I decide to talk to the police?

After consulting with your lawyer, your parents, or another adult you may choose to make a voluntary statement to the police, in the presence of one of these adults. If you choose to make a voluntary statement, and if the police have followed all the steps outlined in Question #8 – What protections do I have?, then any statement you make may be used in evidence in court.

Last Reviewed: February 2013

Do the police have to tell my parents about what has happened to me?

Yes, if you are arrested or charged. The Youth Criminal Justice Act tries to help young people and their families take responsibility for criminal behaviour. The police are required to make every effort to contact your parents or guardians when you are charged with a criminal offence. If you are released and allowed to go home, the arresting officer must give notice in writing to your parents of all the legal proceedings involving you. This notice must be made as soon as possible and must contain:

• your name;
• the charge against you;
• the time and place when you must appear in court; and
• a statement that you, as a young person, have the right to be represented by a lawyer.

Last Reviewed: February 2013

What can happen if the police decide they do not want to release me?

If you are held in custody by the police after arrest, you must appear before a justice of the peace or a youth court judge within 24 hours, or as soon as possible. This will be for a proceeding called a judicial interim release hearing, also known as a bail hearing. A justice of the peace or a judge will tell you that you have the right to have a lawyer or another person help you in this hearing. If you choose to have someone present to help you, you will stay in custody until that person shows up.

At the judicial interim release hearing, a police officer or a crown prosecutor will tell the justice of the peace or judge why you should be kept in custody, or if you are released, the rules that you are to follow. It is always up to the crown prosecutor to justify your detention. The judge or justice of the peace then decides if you should be kept in custody, or released and under what conditions. If you are released, you will have to sign an order which may contain these conditions. You may also be asked to deposit a certain amount of money (bail) or have someone else pledge that sum to have you released. This is called a surety.

Last Reviewed: February 2013

What will happen if the justice of the peace or Youth Court judge decides to keep me in custody?

If the justice of the peace or judge finds that there are grounds that justify your detention, he or she must first consider placing you in the custody of a responsible adult instead of keeping you in jail. The Youth Criminal Justice Act also sets out some specific rules that judges must follow when deciding whether or not to keep a young person in custody. The Act says that a young person should be detained in custody only if:

• the young person has been charged with a serious offence, or has a history of outstanding criminal charges or findings of guilt under the YCJA; and
• the judge is satisfied that detention is necessary to ensure the young person’s attendance in court, to protect the public or in exceptional circumstances, to maintain public confidence in the administration of justice system; and
• if releasing the youth into the community with conditions would not be sufficient to address the court’s concerns.

Exceptional circumstances that a judge can consider include:

• the apparent strength of the crown prosecutor’s case;
• the seriousness of the offence;
• the circumstances around the commission of the offence, including whether a firearm was used; and
• whether the young person, if found guilty, faces a potentially lengthy sentence in custody.

Last Reviewed: February 2013

What are some examples of conditions under a judicial interim release?

Some possible conditions could include:

• you may have to abide by a curfew;
• you may be required to report to a police officer while awaiting your trial;
• you may have to deposit a sum of money (bail) to ensure that you show up in court when you are supposed to; and/or
• you may be returned to the care of a responsible person such as your parent or guardian and they will be responsible to make sure you show up in court.

Last Reviewed: February 2013