If your child has been arrested or contacted by police in Peel Region (Brampton, Mississauga, or Caledon), speaking with an experienced youth criminal lawyer immediately is one of the most important steps you can take.
This guide explains how the Youth Criminal Justice Act (YCJA) works in practice, what happens in the first 48 hours, how youth records and privacy are protected, and how our defence team at Kahlon Law positions young people for the best possible outcome.
The Youth Crime Landscape in Peel: Why the YCJA Matters
The Youth Criminal Justice Act came into force in 2003, shifting Canada away from a custody-first approach and toward rehabilitation, proportionality, and privacy protections.
For families in Peel, this means more opportunities to resolve youth charges without a lasting criminal record, provided the case is handled promptly and strategically.
For the full legislation, see the Government of Canada’s YCJA overview:
https://laws-lois.justice.gc.ca/eng/acts/y-1.5/
Youth Criminal Justice Act Explained: Purpose and Who It Covers
What the YCJA Does
The Youth Criminal Justice Act requires courts and police to treat young people differently from adults. Key principles include:
- Community-based outcomes are preferred wherever possible
- Custody is a last resort, reserved for the most serious cases
- Youth identities are protected by publication bans
- Youth records are restricted, time-limited, and controlled
- The Act applies to individuals aged 12–17 at the time of the alleged offence
Who Is Considered a Youth Under the YCJA
A person is treated as a youth if they were between 12 and 17 years old at the time of the alleged offence. Turning 18 afterward does not remove YCJA protections.
When custody is imposed, it is served in youth facilities focused on education, counselling, and reintegration—not adult jails.
The First 48 Hours After a Youth Arrest in Peel
Police Contact and Release
Most youth are released from the police station on an Appearance Notice or an Undertaking with conditions. In Peel, first appearances are commonly scheduled at the Brampton courthouse in courtroom 204.
Parental Notification and Youth Rights
Police must notify a parent or responsible adult. Youth must be informed of their right to remain silent and their right to speak with a lawyer.
Families should be cautious about allowing a youth to give a statement before legal advice is obtained. Even well-intentioned explanations can impact the case.
Right to Speak With a Youth Criminal Lawyer
Youth are entitled to consult a lawyer immediately. Early legal advice helps protect against self-incrimination and preserves eligibility for diversion under the YCJA.
Youth Records and Privacy Under the Youth Criminal Justice Act
Retention periods begin after the case is completed and determine how long a record may be accessed before it is sealed or destroyed. Retention periods depend on how the case is resolved, such as diversion, withdrawal, acquittal, or a finding of guilt.
Retention periods can be extended if a new offence occurs before the original period expires. Once a retention period ends, the youth record is sealed and generally inaccessible to employers, schools, and the public.
Fingerprints and Photographs in Peel
When charges end without a conviction, eligible individuals may request destruction of fingerprints and photographs held by Peel Regional Police. This process is not automatic and must be applied for.
Peel Regional Police information on record destruction:
https://www.peelpolice.ca/en/services/record-suspensions-and-destruction-of-records.aspx
Diversion Under the Youth Criminal Justice Act
Many youth matters are resolved through extrajudicial measures or extrajudicial sanctions, which avoid a finding of guilt. These can include police cautions, counselling, community service, restitution, or restorative justice programs.
Research consistently shows that community-based responses reduce reoffending more effectively than custody.
Custody as a Last Resort Under the YCJA
Custody is reserved for the most serious and violent offences or where there is a clear pattern of offending and no reasonable alternative.
Even when custody is imposed, youth facilities emphasize education, counselling, and reintegration planning. Studies show higher reoffending rates following custody compared to non-custodial outcomes, reinforcing why restraint is required.It is for the keyword “youth criminal lawyer.”
Common Mistakes Families Should Avoid
Families often unintentionally harm a youth’s case by allowing police statements without legal advice, posting about the case on social media, or over-disclosing legal information on school or employment forms.
How Kahlon Law Defends Youth Criminal Charges in Peel
Early and strategic intervention is critical in youth cases. Our approach includes protecting rights immediately, stabilizing school and family supports, pursuing diversion wherever possible, negotiating non-custodial outcomes, and protecting privacy, including fingerprint and photo destruction when eligible.
Peel Youth Resources and Next Steps
Local counselling, youth mental health services, restorative justice programs, and skills-based supports can help satisfy diversion conditions and address underlying issues.
Speak With a Youth Criminal Lawyer in Peel
Every youth case is unique and time-sensitive. Contact Kahlon Law to speak with a youth-focused criminal defence lawyer. Early action can protect your child’s rights, increase the likelihood of diversion, and minimize long-term record exposure.
This guide provides general information only and does not constitute legal advice. For advice about your child’s specific situation, please contact our office.
