QUICK TAKEAWAY
Parental Responsibility: If your child commits a crime, you could be held liable depending on where you live. In Canada, three provinces – British Columbia, Manitoba and Ontario – have legislation governing a parent’s responsibilities if their child is charged with an offence. Every parent also has obligations under the Youth Criminal Justice Act (YCJA) if their child has been charged with an offence.
Table of Contents:
What are My Legal Obligations if My Child Commits a Crime?
In every province or territory in Canada there are laws designed to ensure children are provided with day-to-day care and their development and well-bring are supported.
Typically, parents are expected to:
- protect a child from harm;
- financially support the child, providing a place to live, food and clothing;
- provide supervision, safety and control;
- provide medical care; and
- provide an education.
A child cannot be criminally charged if they are 12-years-old or younger. Children between the ages of 12 and 18 can face charges under the Youth Criminal Justice Act and be incarcerated at the discretion of a Youth Court judgeAn judge who conducts youth court proceedings. Youth charged under the Act can also be sentenced as an adult in serious cases and face the same maximum penalties under the Criminal Code of Canada as an adult offender.
While you are morally responsible for your child, you will not be held criminally or civilly liable if your child commits a crime in most of Canada. The exception is British Columbia, Ontario and Manitoba.
In 1997 Manitoba was the first to introduce legislation to allow the victims of youth crime to recover damages from parents whose children (up to 18 years of age) are involved in deliberately taking, damaging or destroying property. Ontario followed suit in 2000 with B.C. enacting parental responsibility legislation one year later. In those provinces victims can seek damages in small claims court against parents of an offending child. It should be noted, victims have the right to sue a child for damages in other provinces but, given the limited financial resources of minors, there is little chance of obtaining an award.
What are My Rights Under the YCJA?
The Youth Criminal Justice Act was introduced on April 1, 2003, replacing the YOA. According to the Department of Justice (DoJ), the underlying principle of the YCJA is "to protect the public by holding youth accountable, promoting the rehabilitation and reintegration of youth back into society, and preventing crime."
A YCJA fact sheet states parents and guardians have a vital role when their child is charged with a crime.
A child who has been arrested has the right to be accompanied by their parents or guardians. They also have the right to a lawyer when questioned by police.
As a parent, you should expect to be notified in a reasonable time if your child is arrested, detained or required to appear in court. You will be notified if an extrajudicial sanctionOption for dealing with youths accused of a crime as an alternative to going to court is used to hold your child accountable for a crime.
A Youth Court judge can order you to attend a hearing with your child. You can also request to be the "responsible person" during your child's bail hearing. If accepted, your child will not be held in custody, and you will be expected to provide the necessary supervision.
The Government of Canada states a parent or guardian can assist in the process by:
- supporting and encouraging the child at all times;
- helping the child get timely advice from an experienced criminal lawyer;
- learning about the youth justice system, including what rights parents, guardians and the young person have under the YCJA;
- staying informed about the case;
- understanding the decisions your child will have to make and explain them; and
- helping your child understand and fulfill their obligations at different stages of the justice process.
Parents and guardians should avoid:
- trying to fix the problem yourself;
- making statements to the police without consulting a lawyer;
- forcing your child to make statements to the police; and
- encouraging the young person to waive their right to consult with a lawyer.
Penalties for YCJA Offenders
Youth Court judges have different sentencing options available to them under the YCJA. They include community service, often under strict conditions, and jail time in a youth custody facility.
The maximum length of youth sentences ranges from two to 10 years. Jail terms are intended primarily for violent offenders and serious repeat offenders.
In determining a youth sentence, the court takes the following into account:
- the degree of participation by the young person in the commission of the offence;
- the harm done to victims and whether it was intentional or reasonably foreseeable;
- any reparation made by the young person to the victim or the community;
- the time spent in detention by the young person as a result of the offence;
- the previous findings of guilt of the young person; and
- any other aggravating and mitigating circumstances related to the young person or the offence that are relevant to the purpose and principles set out in this section.
Judges can impose an adult sentence for serious offences where the offender was 14 years of age or older when the crime was committed. In such cases, Criminal Code penalties for adult offenders are imposed. An adult sentence can include mandatory minimum penalties and sentences of up to life in prison. Those sentenced as adults remain incarcerated in a youth facility until they are 18 and then transferred to an adult prison.
Crown prosecutorLawyers who prosecutes charges on behalf of the Crowns “are obligated to consider seeking an adult sentence when a youth is found guilty of murder, attempted murder, manslaughter or aggravated sexual assault,” the DoJ states. However, the Act allows provinces to raise the age at which this obligation applies to 15 or 16.
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Sullivan Mahoney Llp
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Brenda V Sandulak and J Ronald Charlebois Criminal Lawyers
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Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Extrajudicial sanction
A more formal option for dealing with youths accused of a crime as an alternative to going to court.
Youth Court judge
An appointed member of the judiciary who conducts youth court proceedings according to the rules set down by the Youth Criminal Justice Act.
