When Teen Trouble Becomes a Legal Crisis:
Your child gets into a fight at school. They get caught shoplifting. Or the police found a controlled substance in their backpack. In Alberta, these incidents can lead to charges under the Youth Criminal Justice Act (YCJA).
For parents, learning that your child has been arrested or charged is devastating. But with the right knowledge, and timely action, you can help protect your child’s future.
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Youth Crime is Treated Differently, but is Still Serious:
The Canadian justice system does not treat youth ages 12–17 the same way it treats adults. The YCJA emphasizes rehabilitation, reintegration, and accountability over punishment. It aims to avoid lifelong criminal records and promote second chances.
Still, youth criminal charges can have significant consequences:
* Disruption to education.
* Barriers to employment or travel.
* Probation, extra-judicial sanctions, or even custody.
* A youth record that could follow them into adulthood.
Even minor offences or simply being in the wrong place at the wrong time can trigger a life-changing legal process.
Common Charges Young People Face in Calgary:
At Shim Law, we represent families whose children face charges such as:
* Thefts Under $5,000: (shoplifting or stealing from peers)
* Assaults: (school fights or group altercations)
* Drug Possession: (including for the purpose of trafficking)
* Mischief: (property damage, graffiti, or disrupting the use of property)
* Weapons Offences: (carrying knives, BB guns, or other restricted items)
Even if it’s a first offence, youth can be charged and convicted if found guilty of a crime.
Can Your Teen Be Arrested and Questioned?
Yes. If police believe your child has committed a criminal offence, they may arrest and detain them. However, youth have specific legal protections under the YCJA:
* Police must notify a parent or guardian as soon as possible.
* Youth must be told they have the right to remain silent.
* Youth have the right to speak with a lawyer and a parent or trusted adult not involved in the incident.
* A parent or responsible adult may be present during police questioning.
As a parent, do not encourage your child to “explain themselves” to the police before they’ve received legal advice. Even well-meaning cooperation can be used against them.
What Should Parents Do First?
If your child has been arrested or charged:
* Stay calm and act quickly.
* Ask the police where your child is being held.
* Call a youth criminal defence lawyer immediately.
* Do not sign documents or make statements without legal advice.
* Once your child is released, review any release conditions imposed.
The first few hours can significantly shape the outcome of the case.
How Youth Court Works in Alberta:
Youth criminal cases are heard in Youth Court, a specialized branch of the Alberta Court of Justice. While procedures differ from adult court, consequences remain serious.
An experienced youth defence lawyer can:
* Review the police evidence.
* Represent your child in court.
* Negotiate with the Crown for diversion or withdrawal.
* Pursue extrajudicial sanctions (diversion programs that avoid a record).
What About a Youth Criminal Record?
Youth criminal records don’t always last forever, but they can affect your child.
Impacts include:
* Issues travelling abroad, including to the USA.
* Problems applying for scholarships, jobs, or security clearances.
* Potential barriers to future career opportunities.
How Long Does a Youth Record Last?
* Most youth records are eventually sealed if no later offences occur.
* If a youth reoffends, the records remain accessible for longer, potentially being left unsealed with an adult record if they commit an offence as an adult before the time for the youth record to be sealed has been finished.
A lawyer can guide you through the proper steps to ensure your child’s record is able to be sealed as early as possible.
Diversion and Extrajudicial Sanctions:
The YCJA encourages the use of extrajudicial sanctions (such as warnings, cautions, or diversion referrals) for non-violent, first-time offences.
Where appropriate, the Crown may offer extrajudicial sanctions, which are diversion programs involving:
* Apologies or restitution.
* Community service hours.
* Counselling or other education sessions.
If completed successfully, these programs allow youth to avoid a conviction and do not result in a youth record.
What About Privacy?
The YCJA includes strict publication bans to protect youth identities.
This means:
* Your child’s name and details cannot be reported by the media.
* Members of the public are also restricted from disseminating the information in a public forum.
These protections aim to support rehabilitation and privacy to prevent a lasting stigma.
How Shim Law Supports Those Facing Youth Charges:
At Shim Law, our Calgary-based criminal defence lawyers have deep experience handling youth cases with sensitivity and urgency.
We work closely with families to:
* Understand the full context of what happened.
* Identify the most effective resolution path.
* Reduce the risk of long-term consequences.
* Protect your child from the first police interaction to final record sealing.
Don’t Wait. A Mistake Should Not Define Their Future:
Being a parent of a youth facing a criminal investigation can be frightening. But you do not have to navigate it alone. Let our legal team help secure the best possible outcome for your child.
Call Shim Law at (587) 391-9580 or request a confidential consultation online.
Let us help protect your child’s rights and future.
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