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If the accused is a youth (under 18 years old), is the bail process different?

Generally speaking, with a few important exceptions, the same process applies.

However, there are some important differences, including:

  • If a youth accused is not granted bail, the court can place them in the custody of a “responsible person” if one is available. This option is not available to adults.
  • If a youth accused is not released on bail by a justice of the peace, they can have a new bail hearing in front of a judge. If they also fail to get bail from that judge, then, just like the adults, they may go to the higher court for a review of the decision.

This is not a complete list of differences between bail for youth and adult accused persons. Youth accused should speak to a lawyer or duty counsel about their bail options. Or for more information about youth bail, see the Government of Canada's Justice site.