Youth and Adult Records

Scenario

Carjacking
Jamie and Mark are 12 years old. One day, they were walking home from school when they saw a car parked at the side of the road. They noticed the keys were in the ignition. They decided to take the car for a joy ride down by the beach, because they knew that other kids their age would be there.

On the way to the beach to impress their friends, a police officer stopped them for speeding. Their joy ride was over. The boys are first time offenders and the Crown decided to deal with the offence by using an extrajudicial sanction.

Who may be able to access information about this sanction?

  • The police officer who stopped Jamie and Mark
  • The Crown prosecutor who issued the extrajudicial sanction
  • The youth worker who administered the extrajudicial sanction
  • The car-owner
  • Jamie and Mark
  • Jamie and Mark's parent(s)/guardian(s)
  • The lawyer for Jamie and Mark
  • The Attorney General of the province
  • The principal and counsellor at Jamie and Mark's school

When will the record of this offence be closed?
Two years after the sanction has been completed if no further offences have been committed.

Group Home Woes
Serena is 15 years old and has had a difficult life. She doesn't live at home because her mother is a drug user living in sub-standard housing. She lives in a group home with several young people and a youth worker who supervises them. One evening in the group home, the youth worker caught Serena buying drugs. Serena became angry, broke a lamp, then hit the youth worker. She was charged with assault and found guilty.

The case was treated as a summary conviction offence. The judge ordered her to be on probation for six months and to follow some rules. For example, she must go to school, and she must see a counsellor to help her control her anger. Serena must not take drugs. She must write a letter of apology to the group home. She must volunteer 30 hours of community service.

If Serena completes her probation and doesn't commit any further offences what will happen to her youth record?
Three years after Serena has completed her probation period and the attached conditions, her record will be closed. In total, her record will last for three years and six months if she commits no further offences.

Home Invasion (Revisited)
When Louis and Brian were 14 years old, they participated in a home invasion. An elderly couple was at home during the invasion, and the husband attempted to defend their property. During a scuffle with Louis and Brian, the elderly man, was fatally wounded.

Louis was a repeat offender and Brian had no criminal record. Both Louis and Brian were given an adult sentence for manslaughter.

What is the effect of this sentence on Louis' youth record?
The youth record will still be a youth record. It stays open until the access periods expire.

When will the record for the manslaughter offence be destroyed?
Because Louis and Brian were given an adult sentence, their records are treated as adult records. Adult records remain open for life, unless the person receives a pardon.