A Strategic Criminal Defence lawyer will begin work on your case immediately to ensure:

  • Your rights are respected and protected.
  • Your case is handled fairly.
  • The outcome supports your future, not just punishes your past.

We have been recognized with:

  • Three Best Rated® distinction (eight consecutive years).
  • Consumer Choice Award (2025, 2026).
  • Over 700 5-star Google reviews.
  • BBB A+ rating.

Why you must seek urgent assistance

Youth charges are handled under different rules than adult cases, with:

  • Extra protections, from bail to sentencing.
  • Measures that prioritize rehabilitation and reintegration.

However, teens can be charged with the same crimes as adults, such as shoplifting or assault.

Working with one of our Calgary youth offence lawyers as early as possible can prevent a teenager from making the situation worse. We will make a case to investigators, law enforcement, and prosecutors for non-criminal sanctions.

What to do next if you’ve been charged with a youth offence

  1. Do not consent to a statement: Politely inform Calgary Police Service (CPS) that you wish to speak to a lawyer and your parents.
  2. Preserve any evidence and call a lawyer: Do not destroy any evidence. Discuss the details of your case with a criminal defence lawyer familiar with youth offences.
  3. Follow your lawyer’s instructions: Do everything that your lawyer recommends, as the steps will be for your own protection and benefit.

Contact us for a free, no-obligation consultation.

What are youth offences and how can they impact your future?

Youth offences are processed under the Youth Criminal Justice Act. This is a separate system to the adult justice system that focuses on alternatives to formal charges and youth extrajudicial sanctions.

Section 3(1)(b)(ii) of the Act says that “fair and proportionate accountability” is needed, i.e., it is against the purpose of the act to bring formal charges if the charge is not proportionate to the offence.

If youths take responsibility for their crimes, especially for non-violent, first offences, they can often avoid the court system entirely with the right legal assistance.

Many times, youths benefit from the following types of sanctions rather than sentences that lead to a criminal record: 

  • Warnings.
  • Police cautions.
  • Referrals to community programs.
  • Community service.
  • Paying back the victim.
  • Letters of apology.
  • Counselling programs.
  • Other punishments that don’t involve going to court.

The system generally considers the young person’s life, the offence, and what will help them to rehabilitate the most. Having one of our lawyers advocate for you or your child in this situation, can help.

Judges must think about all reasonable options before giving custody or fines, even when the case goes to court.

What is youth custody?

Even if a youth is sentenced to a custodial term, it works differently to adult sentences.

There are two parts to youth custody:

  1. Time spent in a youth facility.
  2. Time spent under community supervision.

A six-month custody sentence often means a split, such as four months in a youth facility and two months of being monitored in the community.

Within the youth system:

  • There are no summary, indictable. or hybrid offences*.
  • There are no minimum sentences (except for the most serious crimes with an adult sentence applied).
  • Most youth custody sentences are under two years.
  • For the most serious violent offences, an intensive rehabilitative custody and supervision order (IRCS) can extend to three years in specific circumstances.

(*While the Criminal Code’s summary and indictable offence categories still apply to determine the maximum sentence available, the youth system does not impose the same procedural consequences based on these classifications as adult court does.)

Depending on the alleged offence, we will work to prevent the youth from spending any time in custody.

Custody terms are usually served at the Calgary Young Offences Centre (12626 85 Street NW), a highly secure, designated provincial youth correctional facility.

When can youths be tried as adults?

Youths can be tried as adults only for the most serious crimes in the Criminal Code, including:

If you’re facing a charge as serious as this, it is essential to call a Strategic Criminal Defence lawyer as soon as possible to begin work on your defence.

A youth found guilty of first-degree murder faces a maximum youth sentence of ten years (six in custody, four under supervision in the community). Second degree murder carries a maximum of seven years.

What happens when a youth is arrested in Calgary?

Even before charges are filed, our Calgary team can give youths important legal advice that could keep the case out of court altogether

If you’re accused of an offence, the police must usually decide if the case can be settled without filing formal charges. Having us advocate for you may help.

If you’re arrested by the police, two main things must happen:

  1. A tailored statement of rights: The arresting officer must inform the youth of their rights (such as the right to remain silent), with an explanation tailored to the age and level of understanding.
  2. Parental notification: A parent or guardian must be notified immediately and can attend questioning with the youth.

Any statement a youth makes to the police is inadmissible unless their rights are clearly explained beforehand using language tailored to their age and comprehension level (under Section 146 of the YCJA).

These measures help protect your rights and recognize the potential vulnerability of youths.

If the police think they have enough evidence to file formal charges, a report will be sent to the Crown Prosecutor, who will decide if the case should be handled within the court system or not.

If the case proceeds, it’s important to promptly contact a youth offence lawyer if you haven’t done so already.

Will you be released immediately for a youth offence?

If you’re accused of a minor, non-violent youth offence and have no previous record, you will likely be taken to a local CPS district office (station), from where you will probably be released into your parents’ custody.

From there, we can work with parents and the youth on defending the charge.

For more serious or repeat offences, you may be taken to the Arrest Processing Facility at the Spyhill Services Centre at 12500 85 St NW, Calgary.

Remaining in custody should only happen in very serious cases, where there is no other reasonable way to keep the public safe or make sure you show up in court.

Under the YCJA. you must be kept separate from adult detainees to protect your privacy and safety. The police will:

  • Fingerprint, photograph, and process you.
  • Contact your parents or guardians immediately.

A lawyer can visit you there and start preparing for a bail hearing within 24 hours, if necessary. This will be held at the Calgary Courts Centre (601 5th Street SW).

What will you need to do after release?

The bail hearing is held in a designated youth courtroom, but we may be able to attend by secure video link to speed up your release.

After your release, depending on the alleged offence and the circumstances, you must:

  • Attend all of your court dates.
  • Live with a court-approved adult (usually a parent or guardian).
  • Report to your assigned youth worker regularly.
  • Not contact any of the people who are victims or witnesses in your case.

You may also be required to:

  • Be home by a certain time (curfew).
  • Avoid certain places.
  • Attend school as required.

How will we challenge your youth offence in court?

The Strategic Criminal Defence lawyers are well-versed in the types of evidence that are helpful in youth offence cases.

A young person charged with a crime can use certain defences that take into account their age, development, and the fact that the youth justice system is different from the adult system.

Following are some of the defences we typically use in youth offence cases:

DEFENCE HOW IT WORKS
Charter Breach — Right to Counsel (s. 10(b)) Police must immediately inform a young person of their right to speak to a lawyer and to a parent or adult relative. Failure to comply, or proceeding without a meaningful opportunity to consult, can result in statements being excluded under s. 24(2) of the Charter.
Charter Breach — Right to Silence (s. 7) Statements made by a young person to police are inadmissible unless made in the presence of a parent, adult relative, or lawyer, or after the young person has been advised of that right and waived it in writing (YCJA s. 146). Improperly obtained statements are frequently excluded.
Lack of Intent (Mens Rea) The Crown must prove the young person had the mental intent required for the offence. Youth, developmental immaturity, and neurodevelopmental factors (such as ADHD or cognitive impairment) can make it harder for the Crown to establish intent beyond a reasonable doubt.
Identity / Alibi The Crown cannot prove beyond a reasonable doubt that the young person was the individual who committed the offence. Particularly relevant in group situations where youths are arrested together.
Unlawful Search (s. 8 Charter) Evidence obtained through an unlawful search of a young person's phone, locker, or bag, including school-based searches conducted by principals, may be excluded if the search was not lawful. The standard for what constitutes a lawful search in a school setting differs from adult settings but is not unlimited.
Entrapment Police induced the young person to commit an offence they would not otherwise have committed. Particularly relevant in online investigations where undercover officers target young people in chat platforms.
Extrajudicial Measures Already Taken (YCJA ss. 4–12) If extrajudicial measures (a warning, caution, or referral) were already taken for the same matter, the Crown's decision to proceed with a formal charge may be challenged as inconsistent with the YCJA's emphasis on diversion for first-time and minor offences.
No Adult Sentence Warranted Where the Crown seeks an adult sentence for a serious offence, the defence can challenge this on the basis that a youth sentence is sufficient to hold the young person accountable while addressing their rehabilitation needs (the primary purpose of the YCJA).
Section 11(b) Delay As confirmed for adult proceedings, the Jordan 18-month presumptive ceiling applies to youth court proceedings. Delay caused by the Crown or the court system, not the defence, can result in a stay of proceedings.

We may be able to further mitigate the consequences for a youth by presenting evidence such as:

  • How well the offender is doing in school.
  • How much support they get from their family.
  • Evidence about skills or special needs from child development or education experts.

How does youth court differ to adult court?

The rules of evidence and ways of sentencing in youth courts are different from those in adult courts.

Our lawyers know how to:

  • Deal with youth court rules and procedures.
  • Handle meetings with youth justice committees.
  • Suggest programs for alternative measures.

During the trial, we make sure that the extra protections available for young people are followed, based on the ‘diminished moral blameworthiness’ of minors.

We will focus on extrajudicial measures that help with rehabilitation and reintegration rather than the punitive sentencing in adult proceedings.

Our defence strategy often paints a picture of how a conviction will affect the young person’s health, job, and education in the long run.

Examples of outcomes for youth offences

A 14-year-old girl steals $75 worth of makeup from a store.

  • This is the first time she’s ever done something illegal.
  • According to Section 334(b) of the Criminal Code, this is theft less than $5,000.
  • The police don’t formally charge her because she is young and has never been in trouble with the law before.
  • Instead, they give her a warning outside of court.
  • She has to write a letter of apology to the store and do 15 hours of community service.
  • She doesn’t have to live with a criminal record.

A sixteen-year-old hits another student in the face at school, making their nose bleed.

  • Section 266 of the Criminal Code says that he is guilty of assault.
  • His youth defence lawyer helps him get into an extrajudicial sanctions program because this is his first crime and the injury wasn’t serious.
  • He has to go to counselling to learn how to control his anger, write an apology to the victim, and do 30 hours of community service.
  • If he completes these requirements, the charge will be dropped.

A 15-year-old and two friends break into their school at night and damage several classrooms, costing $3,000.

  • They are caught on security cameras and charged with break and enter to cause mischief.
  • He has to go through the formal youth court process and the judge gives him six months of supervised probation and 50 hours of community service.

A 17-year-old has MDMA pills at a party.

  • Possession of MDMA is illegal, but this is his first offence and he only had a small amount for personal use.
  • He is sent to a drug diversion program for teens.
  • He must attend drug education and counselling classes regularly for 6 months.
  • If he finishes the program and stays out of trouble, the charge will be dropped and there will be no permanent record.

Our successful youth offence cases

Note: Past outcomes do not guarantee future results. Every case depends on its own facts.

Case Number: 751847

Our client was charged with two counts of assault after he got into an altercation with a classmate at school. The altercation resulted in our client picking up the complainant, slamming him to the ground, and then slamming his head into the ground. As a result of the force of the assault, the complainant suffered a concussion. A few days after the initial assault, our client found the complainant and assaulted him a second time, punching him in the head and aggravating his original injuries.

After we were retained, we carefully examined our client’s disclosure and identified all potential defences, inconsistencies, and weaknesses in the evidence against him. We also sought out character references and proof of extracurricular activities for our client to assist us in resolution discussions with the Crown Prosecutor. We then began negotiations with the Crown, and prior to trial, we were able to successfully advocate for our client’s placement in the Alternative Measures Program. Upon his successful completion of the program, all charges against him were withdrawn.

Successful Result: Alternative Measures, Charges Withdrawn, No Criminal Record

Case Number: 55492536

As a teenager, our client spent years accumulating a collection of child pornography to trade with strangers on the internet. Based on a tip, the police executed a search warrant on our client’s personal devices, where they found hundreds of images and videos. Our teenage client was facing an adult sentence of a lengthy prison term, which was likely to cause serious harm to his adult development and rehabilitation.

Upon being retained, we worked to enter our client into counselling and mental health treatment. He was welcomed into sexual support counselling with specialists in this area. Due to his age and his clear demonstration of remorse, the Crown Prosecutor agreed to sentence him under the Youth Criminal Justice Act for a probationary period with no jail time.

Successful Result: Probation; Mental Health Treatment

Testimonials

Dedicated youth offence lawyers at Strategic Criminal Defence

The team of lawyers at Strategic Criminal Defence in Calgary all provide youth defence services. View our dedicated lawyer page to learn more about our lawyers and their focus areas.

FAQs

With youth offences, the offender’s name is automatically kept confidential to protect privacy and limit the impact on their futures under Section 110 of the YCJA, unlike with adult criminal proceedings.

Yes. For the most serious offences, such as murder or aggravated sexual assault, a court can impose an adult sentence on a young person aged 14 or older if the Crown applies and the judge determines a youth sentence would not be sufficient to hold them accountable.

The Youth Criminal Justice Act says that the police must tell your parents right away if you are arrested or held. Most of the time, your parents have to go to court with you as well.

If you’re worried about how your parents will react, remember that having their support usually helps your case. Judges in youth court appreciate youth who have a lot of family support behind them.

No. Youth records under the Youth Criminal Justice Act are kept separate from adult criminal records and are not publicly accessible. Two years after completing an extrajudicial sanction, your record is closed. For other offences, records become inaccessible three years after the sentence is completed for summary conviction offences, or five years for indictable offences, provided you have not reoffended.

Yes, teens between the ages of 12 and 17 can be sent to jail, but it’s not the same as adult jail. Youth custody centres are more focused on helping kids learn and get better. The Youth Criminal Justice Act says that custody should only be used as a last resort, especially for crimes that don’t involve violence.

If you’re charged with a youth offence, a lawyer from Strategic Criminal Defence will:

  • Review the details and unique circumstances of your case to identify the strongest relevant arguments to challenge the charge.
  • Gather key evidence, such as police reports, medical records, video footage, witness statements, and expert witnesses, to support the defence argument.
  • Guide you through the complexities of the youth judicial system processes, explaining timelines, legal options, various scenarios, and associated consequences.
  • Advocate for alternative measures that prioritize rehabilitation and reintegration rather than punishment.

After two decades representing clients in Calgary, Strategic Criminal Defence lawyers understand how local courts approach youth offence cases. We will use this experience to protect your future.

Contact us for a free, no-obligation consultation.

michael-oykhman-thumb

Verified By: Michael Oykhman, Senior Criminal Defence Lawyer

Last Modified: June 1, 2026

Michael Oykhman is a senior criminal defence lawyer and the founder of Strategic Criminal Defence, a leading firm with offices across Western Canada and Ontario. With nearly 20 years of legal experience, he has appeared at all levels of court in Alberta, including the Supreme Court of Canada, and has successfully defended thousands of clients.

Experience

  • Proven Results: Successfully managed over 10,000 criminal cases, experience in complex matters such as impaired driving, domestic violence, and sexual assault.
  • Strategic Problem Solver: Trained as a trial lawyer but recognized for his experience in alternative resolution strategies, often securing the best outcomes for clients without a case ever going to trial.
  • Multi-Jurisdictional Authority: Licensed to practice law in Alberta, British Columbia, and Saskatchewan.

Education & Academic Leadership

  • Education: Holds a Bachelor of Laws (LL.B.) and a B.A. in Psychology from the University of Calgary.
  • Academic Distinctions: Recipient of the Crown Association Prize (top grade in criminal law) and was the first-ever finalist for the University of Calgary at the Gale Cup Moot.
  • Teaching & Mentorship: Currently serves as the Advising Lawyer for Student Legal Assistance and is a sessional instructor at the University of Calgary Faculty of Law, teaching Advanced Criminal/Constitutional Appellate Advocacy.

Credentials & Recognition

  • Top-Rated Advocacy: An 8-time recipient of the Three Best Rated® Top Criminal Defence Lawyer of the Year award in Calgary.
  • Professional Memberships: Active member of the Criminal Trial Lawyers Association (CTLA) and the Criminal Defence Lawyers Association (CDLA) of Calgary.
  • Connect with Michael: Bio | LinkedIn | Firm Office: (403) 719-6410