Under the Youth Criminal Justice Act (YCJA), a youth charged with robbery in Brampton faces an indictable offence. However, the system focuses strictly on rehabilitation. The youth’s identity is legally protected, and a lawyer can often negotiate extrajudicial sanctions to avoid a permanent youth record.
Discovering that your child has been arrested for robbery is one of the most frightening experiences a parent can face. In Canada, robbery is treated as a very serious violent crime because it involves theft accompanied by violence or threats. However, when the accused is between 12 and 17 years old, the rules change entirely.
The Youth Criminal Justice Act (YCJA) governs all youth offences in Canada. 🏨 In Brampton, youth cases are handled at the Ontario Court of Justice, where the primary goal is to rehabilitate the young person rather than to purely punish them. This guide breaks down exactly what parents and youths need to know about navigating a robbery charge.
Step-by-Step Process in Brampton
When Peel Regional Police arrest a youth for an indictable offence like robbery, strict procedures must be followed to protect the young person’s rights. The process is distinct from the adult criminal justice system.
Step 1: Arrest and Notice to Parents
If a youth is arrested, the police must immediately notify their parents or guardians. Furthermore, the youth has the right to have a parent and a lawyer present during any police questioning. It is highly advised that the youth exercises their right to remain silent until a criminal defence lawyer is retained.
Step 2: The Youth Bail Hearing
Because robbery is a serious charge, the police may hold the youth for a bail hearing at the Brampton courthouse. ⚞ In youth court, detention before trial is a last resort. The court will typically release the youth into the care of their parents (who act as a surety), imposing strict conditions such as curfews, attending school, and avoiding contact with co-accused individuals.
Step 3: Crown Meetings and Extrajudicial Sanctions
Your lawyer will receive the disclosure and meet with the local Crown Attorney. Even for severe charges, a skilled lawyer may advocate for Extrajudicial Sanctions (EJS). If approved, the youth takes responsibility for their actions through community service or counselling, rather than going through a formal trial.
Step 4: Resolution or Trial in Youth Court
If EJS is not an option due to the severity of the robbery, the case will proceed to trial or a plea agreement. Judges in youth court have access to specialized sentencing options, such as probation, deferred custody (house arrest), or open custody youth facilities. Adult sentences are exceedingly rare and only applied in extreme cases.
How Much Does it Cost in Brampton?
Defending a youth against a serious indictable offence requires significant legal work. Parents should be prepared for the financial aspects of hiring a dedicated law firm.
- Lawyer Fees: Experienced youth criminal defence lawyers in Brampton typically charge between $3,500 and $8,000 CAD depending on whether the case goes to trial.
- Legal Aid Ontario (LAO): Youth automatically qualify for Legal Aid in many circumstances, regardless of their parents’ income. You can apply for a Legal Aid certificate to help cover your lawyer’s fees.
- Bail Costs: No money is usually paid upfront for bail, but parents acting as a surety may need to pledge between $500 and $5,000 CAD without a deposit.
Key Protections Under the YCJA
| Protection | Adult Criminal System | Youth Criminal Justice Act (YCJA) |
|---|---|---|
| Privacy & Publication | Names are public record and can be on the news. | Complete publication ban on the youth’s identity. |
| Criminal Record | Permanent record requiring a pardon later. | Record is sealed or destroyed after a set time period. |
| Primary Goal | Deterrence and punishment. | Rehabilitation and successful reintegration into society. |
How Long Does the Process Take?
Youth court matters generally resolve faster than adult cases. A youth robbery charge in Brampton usually takes between 3 to 9 months to conclude, depending on the complexity of the evidence and whether the case requires a full trial.
Frequently Asked Questions (FAQ)
Will my child’s name be published in the media?
No. Under the YCJA, there is a strict publication ban. The media and police cannot release the name, photo, or any identifying details of a young person charged with an offence in Canada.
Will a robbery charge give my child a permanent criminal record?
Not necessarily. Youth records are distinct from adult records. If the youth completes their sentence or extrajudicial sanctions, their youth record will automatically be sealed or destroyed after a specific waiting period, usually 3 to 5 years.
Can a youth be tried as an adult in Brampton?
While the concept of being tried as an adult exists, it is exceptionally rare and usually reserved for murder or the most extreme, repeated violent offences. The vast majority of youth stay entirely within the youth system.
Should my child give a statement to the Peel Regional Police?
Generally, no. It is almost always in a youth’s best interest to exercise their right to remain silent until they have had a private consultation with a criminal defence lawyer.
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