Youth Criminal Justice Records and Child Protection Proceedings

  • April 12, 2021
  • Brock Jones

Young persons who engage with the criminal justice system are afforded significant privacy protections. Their identities are protected for life by a publication ban, and all youth records created as a result of any investigation into possible criminal conduct are subject to restrictions on who may lawfully access and distribute them. These protections are found in sections 110-129 of the Youth Criminal Justice Act.

Children who come into the care of a Children’s Aid Society are also afforded significant protections under the provisions of the Child, Youth and Family Services Act. Should it be determined that a child is in need of protection by a family court judge, an order may ultimately be made placing the child in interim or extended society care. As a result, a Children’s Aid Society becomes the lawful guardian of the child.

For young persons who become involved in both court systems, the lawful sharing or exchanging of information between them is often legally complex and fraught with the potential for errors.