Finding out that your child has been arrested, detained, or is facing an allegation under the Youth Criminal Justice Act (YCJA) is upsetting for any parent or guardian. It also raises practical questions: will you be told what is happening, what role do you actually play, and how can you help without accidentally making things harder? This page provides a general overview for parents and guardians. It is general information only and does not replace advice from a lawyer about a specific young person's case.
Will You Be Notified?
Generally, yes. The YCJA generally requires police to notify a parent or guardian when a young person is arrested or detained, including information about why the young person was arrested and where they are being held. This obligation generally exists regardless of whether the young person wants their parents told, reflecting the view that parental involvement is generally important even when a young person might prefer otherwise. If a parent cannot reasonably be reached, police may generally notify another adult relative or an appropriate adult instead. A lawyer can confirm how this played out, or should have played out, in a specific case.
Notification is not the same as being given a role in decision-making. Being told that your child has been arrested does not generally mean you get to direct how the case proceeds, speak on your child's behalf in a legal sense, or decide what your child should say to police or in court.
You Are Not Your Child's Legal Representative
This is one of the most important things for a parent or guardian to understand. Even though you are notified and can generally be present and involved, a lawyer retained for a young person represents the young person, not the parent. The lawyer's duty of confidentiality and loyalty generally runs to the young person, and a parent does not automatically have the right to instruct the lawyer, review everything discussed between the lawyer and the young person, or make legal decisions in the young person's place.
This can feel counterintuitive, especially for the parent of a younger teenager. But it reflects a deliberate choice in the YCJA to treat a young person as the person whose rights and interests are directly at stake, with their own right to legal advice and their own voice in how the case proceeds.
Why You Cannot Waive Your Child's Rights
A parent generally cannot waive a young person's legal rights on their behalf. For example, a parent cannot generally consent, in place of the young person, to police questioning proceeding without a lawyer, or agree to terms in a case that the young person themselves has not agreed to. The right to consult counsel, the right to remain silent, and other protections under the YCJA generally belong to the young person personally.
In practice, this generally means a parent's most useful role is supportive rather than directive: helping a young person get access to a lawyer quickly, being present where appropriate, and generally encouraging the young person to follow their lawyer's advice, rather than trying to manage the legal strategy directly.
If you disagree with a decision your child's lawyer is making, raise it directly with the lawyer. Lawyers acting for young people are generally used to involving parents appropriately while still protecting the young person's independent right to instruct counsel.
Helping Get a Lawyer Involved
One of the most valuable things a parent can generally do is help a young person get legal advice as early as possible, ideally before any statement is given to police. This can include contacting duty counsel, reaching out to Legal Aid Ontario, or helping research and retain a lawyer directly. See legal assistance for young people for a closer look at how these services generally work and what tends to be different for youth compared to adults.
Attending Court
Parents and guardians are generally welcome, and often encouraged, to attend court appearances, subject to any specific restrictions a judge might impose in a particular case. Being present can generally provide support to the young person and help the parent stay informed about what is happening and what is expected next. It is generally a good idea to confirm court dates and locations directly with the young person's lawyer, since youth court scheduling can differ from what a parent might expect from the adult system.
Avoiding Discussion of Case Details
It is generally wise for parents to avoid discussing the specific details of the allegation with people outside the immediate family and the lawyer, including on social media, with other parents, or with school staff beyond what is strictly necessary. Publication of information that would identify a young person dealt with under the YCJA is generally restricted by law, and casual discussion, even with good intentions, can create complications. See how youth court works for more on the general publication ban that applies to a young person's identity.
Being a "Responsible Person" for Release
If a young person's release from custody is being considered, the court will generally look at whether a "responsible person" is available as an alternative to detention, a concept specific to the YCJA that is somewhat different from an adult surety. A parent or guardian is often well placed to take on this role, though it involves formally undertaking to the court to supervise the young person and ensure compliance with any conditions. See youth bail and release for a detailed explanation of how this works and how it compares to the adult surety system.
Other Practical Ways to Help
Beyond the legal process itself, parents generally play an important role in a young person's daily stability during a stressful time: keeping routines around school and activities as normal as possible, helping the young person manage anxiety about the case, and communicating calmly rather than reactively about what is happening. Where the case involves a school-related incident, it can also generally help to understand that school disciplinary processes and the youth justice process are separate, and a lawyer can advise on how they might intersect in a specific situation.
Frequently Asked Questions
Will I automatically be told if my child is arrested?
Generally, yes. Police are generally required to notify a parent or guardian, or another appropriate adult if a parent cannot be reached, when a young person is arrested or detained.
Can I speak to the police on my child's behalf?
Not in the sense of waiving your child's rights or answering for them. Your child generally has an independent right to consult a lawyer and to decide, with that advice, how to respond.
Can I direct my child's lawyer?
No. The lawyer represents your child, not you. You can generally be involved and supportive, but instructions to the lawyer generally come from the young person.
Do I have to pay for my child's lawyer?
This depends on the arrangement. Legal Aid Ontario has youth-specific services that can reduce or eliminate cost in many cases. See legal assistance for young people for more.
What is a "responsible person" and is it the same as a surety?
It is a similar but distinct concept under the YCJA where a person, often a parent, formally agrees to supervise a young person in the community. See youth bail and release for a full explanation.
Should I talk to my child about what happened?
It is generally wise to be supportive without pressing for details about the allegation itself before your child has had a chance to speak with a lawyer.
Can I attend my child's court appearances?
Generally, yes, subject to any specific restrictions a judge might impose. Confirm dates and any particular expectations with the young person's lawyer.