THE LEGAL FRAMEWORK:
Section 19 of the Youth Criminal Justice Act
A statutory provision that enables courts, police, and prosecutors to convene or direct conferences involving youth, families, professionals, and community supports — to inform decision-making and explore collaborative responses.
WHAT IS IT
A conference as a tool for better information
Section 19 of the YCJA gives authorized decision-makers the ability to direct that a conference be convened. Conferences are not hearings — they are structured forums where relevant parties can share information, identify supports, and advise on appropriate responses to a young person's situation.
YCJA — Section 19
Who can convene a conference
A youth justice court judge, the provincial director, a police officer, a justice of the peace, a prosecutor, or a youth worker may convene or cause to be convened a conference for the purpose of making a decision under the Act.
The conference may be used at multiple points in the justice process — including pre-charge, pre-trial, sentencing, and review of orders. The conference must be conducted in accordance with provincial regulations and any applicable guidelines issued by the Attorney General.
PURPOSE
To provide advice on appropriate measures — including extrajudicial measures, conditions, sentences, and reintegration plans — to the decision-maker convening the conference.
WHO PARTICIPATES
May include the youth, family members, the victim, community members, mental health professionals, youth workers, educators, and others with relevant knowledge of the young person's circumstances.
LEGAL STATUS
The conference is advisory in nature. The decision-maker retains full authority and is not bound by the advice received. Participation is not a sentencing proceeding.
WHY IT MATTERS
An Underused Provision with Meaningful Potential
Section 19 Conferences remain one of the least-used provisions within the YCJA. Many legal professionals are unfamiliar with the process, uncertain about when it is appropriate, or unclear on how to initiate one. The result is that courts often make decisions without the benefit of information that a conference could have surfaced.
YAO's work focuses on closing this gap — by building awareness of the provision, explaining how it works in practice, and providing resources that help professionals use it more confidently.
HOW IT WORKS
The Conference Process at a Glance
1 - A decision-maker identifies a need
A judge, prosecutor, defence counsel, or other authorized party identifies a case where additional information or a collaborative process would assist in reaching a better decision.
2 - A conference is convened
An authorized person directs that a conference be convened. The form, composition, and process of the conference is determined in accordance with provincial regulations.
3 - Relevant parties gather
A facilitator convenes the appropriate participants — which may include the youth, family members, support workers, community representatives, and the victim if willing and appropriate.
4 - Advice is provided to the decision-maker
The conference produces a report or advice that is returned to the convening authority. The decision-maker considers it as part of the broader decision-making process.