Youth Criminal Justice in Alberta: How the System Handles Young Offenders

By Karanpal Aujla, Criminal Lawyer at Cambria Law (Edmonton)
Published: Friday, December 12, 2025

Introduction

When a young person is accused of a crime, the legal system responds differently than it does for adults. Canada’s Youth Criminal Justice Act (YCJA) recognizes that youth are still developing — and that rehabilitation, not punishment, should be the primary goal.

In Alberta, youth justice focuses on accountability, guidance, and helping young people avoid a permanent criminal record. But for families, the process can still feel confusing and intimidating. Understanding how the youth justice system works — and what rights young people have — is the first step toward making informed choices.

Who Is Considered a “Young Person” Under the Law

Under the Youth Criminal Justice Act (YCJA), a “young person” is anyone who is 12 to 17 years old at the time of the alleged offence.

• Children under 12 cannot be charged with a criminal offence in Canada.
• Youth who turn 18 before their case is finished may continue under the YCJA, depending on circumstances.

The law recognizes that teenagers often make mistakes in judgment — and that society benefits more when they’re given tools to make better decisions, not just punished harshly.

Purpose of the YCJA

The YCJA, enacted in 2003, replaced the old Young Offenders Act to modernize youth justice across Canada. Its purpose is to:

• Hold young people accountable in meaningful, fair, and proportionate ways.
• Promote rehabilitation and reintegration into the community.
• Prevent crime by addressing underlying causes, such as family issues or peer pressure.
• Protect the public through balanced and effective responses.

Alberta’s youth courts and community programs are built around these principles — prioritizing education, counselling, and community service over incarceration whenever possible.

Police Interaction and Rights of Youth

When police stop or arrest a young person, they must follow special YCJA procedures that go beyond adult criminal rights.

Young people have the right to:

1. Be informed of the reason for arrest or detention.
2. Remain silent, except for basic identification.
3. Speak to a lawyer and a parent or other adult before giving a statement.
4. Have a parent or lawyer present during questioning.

These protections ensure youth understand what’s happening and aren’t pressured into decisions they don’t fully comprehend. If police fail to follow these rules, the youth’s statements or evidence can be challenged in court.

Extrajudicial Measures: Avoiding Court Where Possible

The YCJA encourages police and prosecutors to use “extrajudicial measures” — responses outside the formal court process — for less serious offences.

These measures can include:

• Warnings or cautions issued by police.
• Referrals to community programs or counselling.
• Extrajudicial sanctions (EJS) — structured programs involving accountability and restitution.

For example, a teenager who shoplifts may complete community service, write an apology letter, and attend a restorative justice session instead of facing a criminal conviction.

These alternatives aim to teach responsibility while keeping youth out of the justice system — and away from the long-term impact of a criminal record.

When a Youth Case Goes to Court

If the matter can’t be resolved through diversion, the case proceeds to Youth Court, a division of the Alberta Court of Justice.

At this stage:

• Proceedings are usually closed to the public to protect the youth’s privacy.
• The young person must have legal representation or access to Legal Aid Alberta.
• Parents or guardians are notified and may be required to attend.

The court will examine the evidence and determine guilt or innocence. If found guilty, the focus shifts to crafting a sentence that promotes rehabilitation, not punishment.

Sentencing Under the YCJA

Youth sentencing options are highly flexible and tailored to each individual. Alberta judges consider:

• The seriousness of the offence.
• The youth’s level of responsibility and maturity.
• Previous history or criminal record.
• Willingness to repair harm and comply with supervision.

Possible sentences include:

• Reprimand (a formal warning from the court).
• Fines or restitution to victims.
• Community service.
• Probation with conditions such as counselling or curfews.
• Deferred custody and supervision orders — served partly in the community.
• Open or secure custody, reserved for the most serious or repeat offences.

The YCJA explicitly discourages jail sentences unless absolutely necessary for public safety.

Privacy Protections in Youth Cases

One of the YCJA’s most important features is its strong protection of youth privacy.

• Youth records are kept confidential and separate from adult records.
• They can only be accessed by authorized individuals, such as the youth, their lawyer, or justice officials.
• After a set period, the record is automatically sealed, provided no further offences occur.

This means that most youth offences do not appear on adult background checks once the record is sealed, allowing young people to move forward without long-term stigma.

When Youth Can Receive an Adult Sentence

In rare and serious cases — such as homicide or aggravated sexual assault — the Crown may apply for an adult sentence if the youth was at least 14 years old at the time of the offence.

Courts only grant this in exceptional situations, after considering the youth’s maturity, background, and potential for rehabilitation.

Even when an adult sentence is imposed, youth often serve their time in youth facilities until they turn 18.

Rehabilitation and Community Support in Alberta

Alberta has strong community-based programs designed to support rehabilitation and reduce reoffending. These include:

• Youth Justice Committees in Edmonton and across the province, which coordinate diversion and restorative justice.
• Counselling and mentorship programs through non-profits like the John Howard Society.
• Education and job-readiness initiatives that help youth build stable futures.

These services focus on accountability and self-improvement — ensuring that one mistake doesn’t define a young person’s entire life.

The Role of Parents and Guardians

Parents play a vital role in the youth justice process. They are expected to:

• Attend court with their child.
• Support compliance with court orders.
• Encourage participation in rehabilitation or community programs.

Parental involvement often strengthens outcomes — courts recognize that supportive home environments are key to long-term success.

Conclusion

The youth justice system in Alberta is built on the belief that young people can learn, change, and rejoin society as productive citizens. While youth charges are serious, the law emphasizes rehabilitation and second chances over punishment.

If your child has been charged with an offence, early legal advice can make a major difference in protecting their rights, guiding them through the process, and helping them move forward with confidence.

Cambria Law | Youth Criminal Defence in Edmonton

At Cambria Law, we represent young people charged under the Youth Criminal Justice Act across Alberta. Our team works to keep cases out of adult court and focused on rehabilitation, education, and future opportunities.

Contact us to learn how we can help your family navigate the youth justice process.