My child has been charged with a criminal offence

What is criminal responsibility? 

From the age of 12, a person who has committed a criminal offence can be held responsible for that offence and be placed under arrest. However, the Youth Criminal Justice Act (YCJA) is tailored to the reality of minors and provides different legal rules than for adults.  

The goal, in most cases, is not to put a stop to the youth's actions by incarcerating them or to stigmatize them by labeling them. Rather, it is to ensure the youth's reintegration into society and rehabilitation through prevention and awareness activities as well as reparation measures. Community service is a form of symbolic reparation for the harm done.  

What will happen to my child's future? 

Unlike an adult who obtains a criminal record after being convicted of a criminal offence, a young person will have a juvenile record. The juvenile record is different because of the length of time it lasts and its long-term impact.  

This distinction is made to rehabilitate the young person as much as possible and prevent the consequences of their actions from impacting them for the rest of their lives. However, this distinction is to be taken seriously, as it does not disappear as soon as the process is completed. In fact, the file may be taken into consideration should the young person commit a new offence.   

For more information on this subject, you can consult a lawyer and the following websites:  

• Éducaloi, Impact pf Having a youth record
• Éducaloi, Can you be held responsible for your friend's crimes ?

Deconstructing myths        

As a parent, it is impossible to ensure that our children will never commit a criminal act. However, informing yourself and your children about certain crimes can be a preventive measure. Certain concepts, such as the notion of complicity and self-defence, are often unclear and misunderstood by both young people and adults. Here are some explanations.                

Complicity: "I didn't steal anything, but I can be charged." 

Just because a person does not commit the act itself does not mean that they did not participate in the offence and cannot be prosecuted as an accomplice.  

Example #1: Brandon went shopping at Simons with his friend Ryan. Ryan decides to steal a sweater and reassures Brandon that he won't get caught. As the two are about to leave the store, the security guard stops them for the theft.  

Although Brandon is not the one who stole, he was present and aware of the situation. He could be charged with theft just like Ryan.  

Example #2: Mikella stands watch at the door of her school's bathroom while her friends beat up another student.  

Although Mikella did not hit anyone, she participated in the offence by being a lookout. She could be charged with assault. 

Sometimes teens don't have bad intentions, but they still get into trouble. It's important that they avoid situations that could lead to consequences in the legal system.  

What is self-defence? 

Self-defense is a very complex concept, difficult to prove and the exception. Even though you did not start it, the law punishes violence, even if it is in response to a violent act.  

To defend oneself, we can only use minimal force to get out of a life-threatening situation. The use of an object as a weapon is prohibited and any object can be considered a weapon if used in this way.  

The importance of cooperation  

Running from the police and misidentifying yourself can result in an additional charge. For example, if your child is arrested for theft and provides a false identity, they can also be charged with obstructing a peace officer.  Even if your child is not charged, they must still identify themselves when asked to do so.  

In short, young people, like adults, have a responsibility as citizens to ensure that everyone enjoys the same rights and freedoms. From adolescence on, young people must take responsibility for their actions and make choices that will keep them out of trouble. 

References (in French)