Notice to Parents

Patrick Ducharme
Patrick Ducharme

Section 26 of the YCJA states that when a young person is arrested and detained in custody pending his or her appearance in court, the officer-in-charge shall, as soon as possible, give or cause to be given notice of arrest to a parent of the young person. The notice must state the place of detention and reason for arrest. If the whereabouts of the parent are not known or where no parent is available, notice may be given to an adult relative of a young person. Notice shall include:

  • the name of the young person;
  • the charge against the young person;
  • the time and place of the young person’s appearance in court; and
  • a statement that the young person has the right to be represented by counsel.

As a general rule, failure to give notice to a parent or an alternative person in accordance with subsection 26(4) of the YCJA does not affect the validity of the proceedings. However, the failure to give notice renders invalid any subsequent proceedings relating to the case unless:

  • a. a parent of the young person attends Court;
  • b. a Youth Justice Court Judge or a Justice adjourns the proceedings and orders that notice be given; or
  • c. a Youth Justice Court Judge or Justice dispenses with the notice.

Subsection 26(4) of the Act deals with the possible alternative persons capable of assisting when the authorities are unable to locate the parents or the parents are unavailable. It provides as follows:

26(4) If the whereabouts of the parents of a young person are not known or it appears that no parent is available, a notice under this section may be given to an adult relative of the young person who is known to the young person and is likely to assist the young person or, if no such adult relative is available, to any other adult who is known to the young person and is likely to assist the young person and who the person giving the notice considers appropriate.

Canadian Criminal Procedure by Patrick J Ducharme

The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.

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