Frequently Asked Questions
Below are some frequently asked questions. If you have others, send them through our comment/contact form!
How do I use the accessibility widget?
Will I have a criminal record?
Does my youth record get sealed?
How Do I Use the Accessibility
Widget?
We encourage everyone to explore this widget! To use this site's accessibility widget, look at the right side of your screen and click on the purple circle with a white stick figure. This will open up a large menu with different accessibility options. You can enable options in one of two ways.
The first way is to enable an "Accessibility Profile". If you click this heading, you will see options to best enable the site for users who are blind, colour blind, dyslexic, and more. These are general combinations of access options that may or may not fully suit your needs.
If there is not a profile that best suits you, or you would like to make some changes to the profile, below the Accessibility Profile section you can individually select each change to create your own accessible profile. Changes will be added to the site on their own.
Will I Have a Criminal Record?
Not necessarily. Just because you are charged with a crime does not mean you will have a criminal record! Additionally - in most cases, youth criminal records are automatically destroyed after a period of time - see the next question for more info!
Does my Record Get Sealed?
Youth charged under the Youth Criminal Justice Act (YCJA) are afforded certain protection under the law. One of these protections is that your name is never published in a court list or in the news media. Generally, your youth record is “sealed” and destroyed after a period of time without having to take any action. However, this is not the case if you are over 18 and charged with another crime while your record is still unsealed – or accessible. The amount of time your youth record is open or unsealed depends on the crime you are found guilty of. Below you can find a non-exhaustive list of offences and how long it takes before the record will be sealed or destroyed.
Am I Going to Jail?
Not necessarily. For youth, jail is supposed to be used very sparingly, and only in cases of a serious, violent offense. There are many ways to resolve charges without any time in jail.
However, racism and ableism are deeply ingrained in the criminal legal system, and that racism and ableism exists more in some places within Ontario and across Turtle Island than others. This means that many times people who are disabled, neurodivergent, use substances, or who are Black, Indigenous or otherwise racialized, end up in prison when someone else who is white or non-disabled would not have.
One of the most important things someone who is disabled, neurodivergent, or racialized (or their support people) can do is give themselves the best chance at getting out on bail at your bail hearing. This may mean hiring a private lawyer. It can also mean spending a bit of time in custody before your bail hearing, so that you and your lawyer can prepare the best possible bail plan to get you out of jail.
What Do I Wear?
Most court guides will tell you to dress “nicely” and avoid any clothing that has inappropriate graphics or slogans. “Dressing nicely” is usually defined as wearing something that is clean, looks relatively neat, and is not overly baggy. Jeans and a t-shirt work perfectly - it does not have to be formal clothing.
Clothing guidelines are applied differently by court staff, often in ways that reveal covert racism or gender bias. For example, a white youth may not be sent out of court for wearing an inappropriate t-shirt while a youth who is Black or Indigenous is removed by court special constables. As well, someone being “read as female” by a judge or justice of the peace may be treated differently if they are wearing a neat skirt versus baggy clothing with 'fuck the police' on it. We encourage everyone to use this information to make the best decision for themselves.
What do I bring to my first court date?
You will need to pass through security into a courthouse. You should not bring any weapons or illegal substances – this includes weed if you are under the age of 19.
For your first appearance, bring the sheet that police gave you with your court date and charges, so you can provide this to duty counsel.
You may also want to bring everything required to start a legal aid application, such as proof of employment, your relevant bank statements, letters from a parent or shelter, etc.
You may also want to bring a book, fidget item, or something quiet to read while you're waiting to be called. In msot cases, the use of cell phones or mp3 players is not allowed inside a courtroom, however you may be able to request accommodation around this.
Where do I sit in the courtroom?
It doesn’t really matter whether you set in the left, right or middle sections of a courtroom during your first appearance or set dates, but the first one or two rows are sometimes reserved for lawyers.
Sometimes when there is a trial, people who support the person charged sit on the left side of the courtroom (which is where the defendant and their lawyer sit), while people who support the person or company harmed sit on the right side (where the crown lawyer sits).
Can Police Lie?
Absolutely, and they do often!
Contrary to popular belief, police don’t have to tell you they are police if they are undercover, even if you ask them directly. Police have also been known to lie to people they arrest to try and get a confession. Sometimes this sounds like police telling you that they already arrested your friend, who told them everything, or that they can’t “help you unless you talk”. Never talk to the police without your lawyer present – even if your parents are there, and even if they want you to speak to the police. You are allowed to stay silent and say nothing.
Can police look at my phone?
Kind of. Legally it depends on the situation, and whether your phone is locked or not. If you are charged with a crime and your phone could give police more evidence, they are generally allowed to TRY and look at it.
If your phone is locked, you do not have to unlock it for police even if they tell you to. If your phone is locked with your fingerprint or facial recognition, police may be able to try unlocking it by holding it up in front of you, or using fingerprints they collect during the arrest process. Use a security PIN to lock your phone for the most security.
Can I Still Travel?
Other countries do not have access to your youth record, except in very rare circumstances. For example, as part of an international investigation. You should try to refrain from travelling during the period that your youth record is open.
If you cross a border while your youth record is still open (called the “access period”) then you may need to disclose your charge(s). If you don’t disclose it and the border agent does a record search, it will come up - and lying may get you permanently banned from travel to that country.
If you cross the border after your youth record has been closed, the country will not have access to that information, and you do not have to disclose it.
If you choose to disclose your record during the access period, or after your record has been closed, that country will have it on record forever. They may also share it with other countries under certain agreements.