Parents of teenagers charged with criminal offences may be wondering, “Can we avoid a criminal conviction and a criminal record?”
Fortunately, the criminal justice system in Alberta approaches youth offences very differently from adult criminal offences. The focus is restorative rather than punitive, so there is a good chance a youth offender can be handled outside of the formal court system through a diversion program.
The specific circumstances of the case affect the potential outcomes. Speak with a youth offence lawyer as soon as possible if your teenage child has been arrested and charged.
How Canadian law treats young offenders
Youth criminal matters in Canada are governed by the federal Youth Criminal Justice Act (YCJA), which applies to persons aged 12 to 17 at the time of the alleged offence.
This legislation:
- Explicitly recognizes that young persons have diminished moral blameworthiness compared to adults.
- Emphasizes rehabilitation, reintegration, and meaningful consequences rather than punishment.
- Prioritizes alternatives to formal court proceedings before proceeding with charges against a youth.
When considering justice measures and sentencing, Alberta courts prioritize a young person’s accountability and avoiding a criminal record.
A criminal conviction under the youth system is still serious, as it creates a youth record with real consequences. Diversion options are actively encouraged in Alberta, with several pre- and post-charge options potentially available.
Understanding the options, who qualifies, and how the process works can help parents and teenagers make informed decisions from the moment charges are laid.
What does diversion mean for youths?
Diversion refers to any process that resolves a criminal matter outside of formal court proceedings and without a conviction being entered.
Under the YCJA, these are formally called “extrajudicial measures” (pre-charge) and “extrajudicial sanctions” (post-charge).
Both types of diversion measures are designed to:
- Hold young persons accountable for their actions, and
- Avoid the long-term consequences of a criminal record.
Diversion does not allow an offender to “get away with it.” Measures or sanctions typically require the young person to take responsibility and complete specific conditions.
What pre-charge diversion measures may be available?
Pre-charge diversion measures may be proposed by the police or Crown. These could include:
- Informal police action. This is the least intrusive form of diversion, resulting in a formal warning, caution, or referral to a community program or support service, and no formal record.
- Police cautions and Crown cautions: diversion options when warnings are insufficient but the offence is not too serious, it is a first offence, and the offender acknowledges responsibility. These become part of the youth’s record but do not constitute a conviction.
- Referrals to community programs: Police and Crown may refer a young person to a community program, mental health service, or substance abuse program as an alternative to criminal charges.
What post-charge diversion programs are available?
Post-charge diversion or extrajudicial sanctions (EJS) are measures taken after youth criminal charges have already been laid, under s.10 of the YCJA.
These sanctions prevent the need for a trial and are formal, structured programs involving accountability and restitution. Offenders accused of more serious offences or with prior involvement with the youth justice system may be encouraged to take this path.
Who is eligible for EJS programs?
To be eligible for EJS in Alberta, the young person must:
- Admit responsibility for the offence (though this admission cannot be used as evidence if the matter proceeds to court).
- Consent to participate in the program.
- Have their parent or guardian notified.
What sanctions may be imposed by the Crown?
The types of sanctions usually imposed under the EJS program include:
- Community service hours.
- A written apology to the victim.
- Restitution for any loss or damage caused.
- Attendance at counselling, treatment, or educational programs.
- A curfew or other behavioural conditions for a specified period.
If the young person completes all conditions, the charge is stayed, and no conviction is entered. The EJS participation is noted on the youth record but is not a criminal conviction.
Youth records are automatically sealed three years after the EJS is completed.
What EJS programs does Calgary run?
In Calgary, the Calgary Police Service youth diversion team, in partnership with the Calgary Youth Justice Society, administers two diversion streams:
- The Community Program Referrals initiative (CPR) for first-time minor offences.
- The Extrajudicial Sanctions program (EJS) for more serious cases or repeat offending, with EJS requiring Crown Prosecutor approval prior to CYJS involvement.
Which youth offences qualify for diversion in Alberta?
Diversion is most commonly available for less serious, non-violent first offences. Some common examples we see in Calgary are:
- Minor theft/shoplifting charges.
- Mischief.
- Simple drug possession.
- Minor assault charges.
No offence is automatically excluded by the YCJA but serious violent offences and repeat offending significantly reduce the likelihood of a diversion offer. With each case, the Crown will consider:
- The nature of the offence.
- The young person’s prior record.
- Whether there is a victim (if so, their views must be considered).
- The young person’s personal circumstances.
A prior diversion or caution will weigh against a second diversion offer but won’t discount the possibility.
Where there is a victim willing to participate, mediation and conferencing between the offender and the victim may be incorporated into the diversion process.
What can you expect if diversion is not available?
If diversion is not offered or not completed successfully, the matter proceeds to the Alberta Youth Court.
Even in youth court, the YCJA prioritizes the least restrictive appropriate outcome. Youth custody is explicitly a last resort for the most serious cases. Youth sentencing options include:
- An absolute or conditional discharge.
- A fine or restitution order.
- Community service.
- A probation order with conditions.
- An intensive support and supervision order.
- Deferred custody and supervision.
Involving a youth offence lawyer as soon as possible in a teenager’s criminal charge can help prevent lasting consequences.
Speak with a criminal defence lawyer at Wilson Criminal Defence during a free, no-obligation consultation if you or your teenage child has been charged with a criminal offence in Calgary. Call 403-978-6052 or email us here.
