1. If you are developing legislation or a policy or program regarding detention or imprisonment of children, ensure that:

  • the legislation provides for the segregation of children in accordance with the requirements
    in ss. 22(2) and 23(1) of the Charter;
  • the conditions and circumstances of detention or imprisonment are in accordance with:
    • the international standards of detention set out in the instruments outlined under the commentary on s. 22 in these Charter Guidelines; and
    • the international standards that apply specifically to children who are detained in the criminal justice context.

The standards on children are discussed on page 146. They relate to matters such as education and training of children in detention, children’s access to leisure facilities and the size of the facility in which children are detained, etc. The standards on detention generally are discussed under s. 22. The international standards are part of international law andmay be used when interpreting human rights under s. 32(2) of the Charter.

2. Review pre-trial criminal procedures that apply to children and ensure that they do not create unnecessary delay in bringing a child to trial as quickly as possible.


3. Review sentencing laws and guidelines covering children to ensure that they provide for age-appropriate treatment.