Arrest and Police (YCJA)

When can the police stop me?

The police can stop you if they have reasonable and probable grounds to believe you:

• have committed a crime, or
• are committing a crime, or
• are about to commit a crime.

Last Reviewed: January 2020

What can the police do if they stop me?

The YCJA promotes using measures outside of court processes (called “extrajudicial measures”) to respond to less serious youth crime. If the police stop you, they can:

• take no further action and let you go.
• give you an informal warning.
• give you a formal warning, called a police caution. This could be a letter to you and your parents or a meeting at the police station between you, your parents and a senior police officer.
• refer you to community programs or agencies that may help you not to commit offences.

If any of these extrajudicial measures are not appropriate, the police can lay charges or give you a ticket. The police may arrest you or they may call your parents and send you home.

Last Reviewed: January 2020

When can the police arrest me?

The police have the power under the Criminal Code of Canada to arrest you. The police can arrest you if:

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

Last Reviewed: January 2020

What happens if the police arrest me?

The police will investigate the incident. During this time, the police may detain you to ask you questions. They may detain you in a police car or at a police station.

The police must then either:

1. arrest you and charge you with an offence; or
2. decide to handle the issue using extrajudicial measures.

If you are arrested, the police must tell you that you are under arrest and the charge that you face.

Last Reviewed: January 2020

What happens if the police charge me with an offence?

If the police charge you with an offence, they 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 duty counsel (a lawyer on call to give advice) is available to help you. Contact Legal Aid Alberta for more information;
• 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.

They will then give you a document – an Appearance Notice, a Promise to Appear or a Recognizance. This document says when you must appear in court. You must report to court on that day or there may be further consequences.

Last Reviewed: January 2020

Will the police tell my parents?

The police will contact your parents or guardians. You cannot keep it a secret from them. If the whereabouts of your parents are not known or if your parent is not available, then the police must notify an adult relative or other adult who is known to you and is likely to assist you.

The notice must contain:

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

There is an exception: if you were under 18 when you committed the crime but are at least 20 years old when you first appear before a youth justice court, your parents do not have to be notified.

Last Reviewed: January 2020

Can I ask for help? Should I call a lawyer?

Under the Canadian Charter of Rights and Freedoms, all Canadians who have been arrested or detained have the right to talk to a lawyer, and to hire and give instructions to a lawyer. The police must inform you of this right and give you a reasonable opportunity to use it (such as access to a phone and time to make a phone call). Young persons have this same right under the YCJA, as well as a few other protections (see question below).

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: January 2020

What protections do I have under the YCJA?

There are a number of rights that you have if the police arrest and detain you:

• The police must tell you 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 a lawyer help you.
• 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 YCJA.

The police must give you this information in a way that you can understand it.

Last Reviewed: January 2020

What if I decide to talk to the police?

You should first consult with your lawyer, your parents, or another adult. You can then 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, then any statement you make may be used as evidence in court.

Last Reviewed: January 2020

Can the police hold me in custody?

In certain situations, the police can continue to hold you in custody after they charge you and until your court hearing.

If the police hold you in custody, you must appear before a justice of the peace or a youth court judge within 24 hours after being charged, or as soon as possible. This is called a “judicial interim release hearing” (or “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 must convince the judge or justice of the peace why you should stay in custody. A judge or justice of the peace will not release you if:

• you have been charged with a serious offence or if this is not your first offence; and
• it is likely that you will not appear in court when required to, you are likely to commit a serious offence, or the circumstances justify you being held in custody; and
• no release conditions are suitable to your situation.

The judge or justice of the peace will make a decision.

If you are released, you will have to sign an order which says what conditions you must follow. If you do not follow these conditions, there may be further consequences.

The YCJA specifically states that you cannot be held in custody as a substitute for appropriate child protection, mental health or other social measures.

Last Reviewed: January 2020

What happens if I have to stay in custody?

If you are a young person, you will be held in a youth custody facility. If you are 18 or older, you can be transferred to an adult correctional facility.

Last Reviewed: January 2020

What are examples of conditions under a judicial interim release?

Some possible conditions could include:

• You may have 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. Or the court can order that someone else pledge that sum to have you released (surety).
• You may be returned to the care of a responsible person, such as your parent or guardian. This person is responsible for making sure you show up in court when you are supposed to.

Last Reviewed: January 2020