At What Age Are Children Held Accountable for Their Crimes?

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At What Age Are Children Held Accountable for
Their Crimes

• www.guptacriminallaw.ca
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In Canada there is a defence of infancy allowed
for children under the age of 12, should they
commit a criminal offence. However, in cases
where the crime is considered serious in nature,
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such as assault causing bodily injury, sexual
assault, or murder, then Child Protection
Services or some other childrens agency often
gets involved, even though there might not be any
type of formal charges brought against the child.
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Once your child reaches the age of 12, they can
be held accountable for their criminal
activities. The law recognizes minors aged 12 to
17, can be charged for the same offences as if
they were committed by an adult.
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However, there are key differences in how the
police, Crown, and courts handle youth criminal
offences, which are outlined in the YCJA (Youth
Criminal Justice Act).
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Can My Child Be Charged as an Adult?
In very rare cases, and crimes of the most
serious nature, the Crown can request of the
Court to charge the minor as an adult, so long as
the child was at least 14 at the time the crime
was committed.
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Can My Child Be Charged as an Adult?
The types of crimes this could apply to are
normally those where, if the child was an adult,
and convicted and found guilty of the offence,
would receive a sentence that would result in an
imprisonment period of more than two years.
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Again, these types of proceedings are reserved
for murder and manslaughter offences, very
violent offences, serious sexual assaults, and
other such crimes. While the YCJA does allow the
minor to be sentenced as an adult, the trail is
still conducted in Youth Courts.
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Am I Responsible to Pay for Property My Child
Destroys, Steals, or Damages?
Parents do not have to pay for their childs
actions where property was destroyed, stolen, or
damaged, unless the courts order the parents to
make restitution to the injured party.
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However, the injured party does have the right to
file a claim in civil court to seek restitution,
should the Youth Criminal Courts not order
restitution.
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If My Child Is Convicted and Found Guilty Will
They Have a Criminal Record?
Yes, your child will have a criminal record if
convicted and found guilty of the criminal
offence.
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Their youth criminal record can remain open for
years after completion of their sentence, not the
date of their conviction. This can have an effect
on their ability to find employment and travel.
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The length of time the record remains opens
depends on whether they were convicted for an
indictable offence or a summary conviction.
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For indicatable offences, the record can be kept
open for a minimum of five years and with summary
convictions, a minimum of three years.
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Provided your child does not commit any further
criminal offences, you can petition the court to
seal their youth criminal record after reaching
the age of 18 and fulfilling their sentence and
minimum waiting period.  
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Ideally, it is always in your best interests and
the best interests of your child to consult with
a youth criminal defence lawyer in Toronto, like
myself, Rishma Gupta.
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No matter the seriousness of the offence or with
assistance in sealing your childs youth criminal
record. Call my law office at 416-844-8467 now to
schedule an initial consultation appointment.  
Source - http//www.guptacriminallaw.ca/age-child
ren-accountaable-for-crimes/
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