Young Offenders Act
Y-1
as of January 1, 2003
now repealed
An Act respecting young offenders
SHORT TITLE
Short title
1. This Act may be cited as the Young
Offenders Act.
1980-81-82-83, c. 110, s. 1.
INTERPRETATION
Definitions
2. (1)
In this Act, "adult"
«adulte »
"adult" means a person who is neither
a young person nor a child;
"alternative measures"
«mesures de rechange »
"alternative measures" means measures
other than judicial proceedings under this Act used to deal with a
young person alleged to have committed an offence;
"child"
«enfant »
"child" means a person who is or, in
the absence of evidence to the contrary, appears to be under the age
of twelve years;
"disposition"
«décision »
"disposition" means a disposition made
under any of sections 20, 20.1 and 28 to 32, and includes a
confirmation or a variation of a disposition;
"offence"
«infraction »
"offence" means an offence created by
an Act of Parliament or by any regulation, rule, order, by-law or
ordinance made thereunder, other than an ordinance of the Yukon
Territory or the Northwest Territories or a law of the Legislature for
Nunavut;
"ordinary court"
«juridiction normalement compétente »
"ordinary court" means the court that
would, but for this Act, have jurisdiction in respect of an offence
alleged to have been committed;
"parent"
«père ou mère » ou
«père et mère »
"parent" includes, in respect of
another person, any person who is under a legal duty to provide for
that other person or any person who has, in law or in fact, the
custody or control of that other person, but does not include a person
who has the custody or control of that other person by reason only of
proceedings under this Act;
"pre-disposition report"
«rapport prédécisionnel »
"pre-disposition report" means a
report on the personal and family history and present environment of a
young person made in accordance with section 14;
"progress report"
«rapport d’évolution »
"progress report" means a report made
in accordance with section 28 on the performance of a young person
against whom a disposition has been made;
"provincial director"
«directeur provincial » ou
«directeur »
"provincial director" means a person,
a group or class of persons or a body appointed or designated by or
pursuant to an Act of the legislature of a province or by the
Lieutenant Governor in Council of a province or his delegate to
perform in that province, either generally or in a specific case, any
of the duties or functions of a provincial director under this Act;
"review board"
«commission d’examen »
"review board" means a review board
established or designated by a province for the purposes of section
30;
"young person"
«adolescent »
"young person" means a person who is
or, in the absence of evidence to the contrary, appears to be twelve
years of age or more, but under eighteen years of age and, where the
context requires, includes any person who is charged under this Act
with having committed an offence while he was a young person or is
found guilty of an offence under this Act;
"youth court"
«tribunal pour adolescents »
"youth court" means a court
established or designated by or under an Act of the legislature of a
province, or designated by the Governor in Council or the Lieutenant
Governor in Council of a province, as a youth court for the purposes
of this Act;
"youth court judge"
«juge du tribunal pour adolescents »
"youth court judge" means a person
appointed to be a judge of a youth court;
"youth worker"
«délégué à la jeunesse »
"youth worker" means a person
appointed or designated, whether by title of youth worker or probation
officer or by any other title, by or pursuant to an Act of the
legislature of a province or by the Lieutenant Governor in Council of
a province or his delegate, to perform, either generally or in a
specific case, in that province any of the duties or functions of a
youth worker under this Act.
Words and expressions
(2) Unless otherwise provided,
words and expressions used in this Act have the same meaning as in the
Criminal Code.
R.S., 1985, c. Y-1, s. 2; R.S., 1985, c. 24
(2nd Supp.), s. 1; 1993, c. 28, s. 78; 1995, c. 39, s. 177; 1998, c.
15, s. 41.
Powers, duties and functions of provincial
directors
2.1 Any power, duty or function of a
provincial director under this Act may be exercised or performed by
any person authorized by the provincial director to do so and, if so
exercised or performed, shall be deemed to have been exercised or
performed by the provincial director.
R.S., 1985, c. 24 (2nd Supp.), s. 2.
DECLARATION OF PRINCIPLE
Policy for Canada with respect to young
offenders
3. (1)
It is hereby recognized and declared that
(a) crime prevention
is essential to the long-term protection of society and requires
addressing the underlying causes of crime by young persons and
developing multi-disciplinary approaches to identifying and
effectively responding to children and young persons at risk of
committing offending behaviour in the future;
(a.1) while young
persons should not in all instances be held accountable in the same
manner or suffer the same consequences for their behaviour as adults,
young persons who commit offences should nonetheless bear
responsibility for their contraventions;
(b) society must,
although it has the responsibility to take reasonable measures to
prevent criminal conduct by young persons, be afforded the necessary
protection from illegal behaviour;
(c) young persons who
commit offences require supervision, discipline and control, but,
because of their state of dependency and level of development and
maturity, they also have special needs and require guidance and
assistance;
(c.1) the protection
of society, which is a primary objective of the criminal law
applicable to youth, is best served by rehabilitation, wherever
possible, of young persons who commit offences, and rehabilitation is
best achieved by addressing the needs and circumstances of a young
person that are relevant to the young person’s offending behaviour;
(d) where it is not
inconsistent with the protection of society, taking no measures or
taking measures other than judicial proceedings under this Act should
be considered for dealing with young persons who have committed
offences;
(e) young persons
have rights and freedoms in their own right, including those stated in
the Canadian Charter of Rights and Freedoms or in the Canadian
Bill of Rights, and in particular a right to be heard in the
course of, and to participate in, the processes that lead to decisions
that affect them, and young persons should have special guarantees of
their rights and freedoms;
(f) in the
application of this Act, the rights and freedoms of young persons
include a right to the least possible interference with freedom that
is consistent with the protection of society, having regard to the
needs of young persons and the interests of their families;
(g) young persons
have the right, in every instance where they have rights or freedoms
that may be affected by this Act, to be informed as to what those
rights and freedoms are; and
(h) parents have
responsibility for the care and supervision of their children, and,
for that reason, young persons should be removed from parental
supervision either partly or entirely only when measures that provide
for continuing parental supervision are inappropriate.
Act to be liberally construed
(2) This Act shall be liberally
construed to the end that young persons will be dealt with in
accordance with the principles set out in subsection (1).
R.S., 1985, c. Y-1, s. 3; 1995, c. 19, s. 1.
ALTERNATIVE MEASURES
Alternative measures
4. (1)
Alternative measures may be used to deal with a young person alleged
to have committed an offence instead of judicial proceedings under
this Act only if
(a) the measures are
part of a program of alternative measures authorized by the Attorney
General or his delegate or authorized by a person, or a person within
a class of persons, designated by the Lieutenant Governor in Council
of a province;
(b) the person who is
considering whether to use such measures is satisfied that they would
be appropriate, having regard to the needs of the young person and the
interests of society;
(c) the young person,
having been informed of the alternative measures, fully and freely
consents to participate therein;
(d) the young person
has, before consenting to participate in the alternative measures,
been advised of his right to be represented by counsel and been given
a reasonable opportunity to consult with counsel;
(e) the young person
accepts responsibility for the act or omission that forms the basis of
the offence that he is alleged to have committed;
(f) there is, in the
opinion of the Attorney General or his agent, sufficient evidence to
proceed with the prosecution of the offence; and
(g) the prosecution
of the offence is not in any way barred at law.
Restriction on use
(2) Alternative measures shall
not be used to deal with a young person alleged to have committed an
offence if the young person
(a) denies his
participation or involvement in the commission of the offence; or
(b) expresses his
wish to have any charge against him dealt with by the youth court.
Admissions not admissible in evidence
(3) No admission, confession or
statement accepting responsibility for a given act or omission made by
a young person alleged to have committed an offence as a condition of
his being dealt with by alternative measures shall be admissible in
evidence against him in any civil or criminal proceedings.
No bar to proceedings
(4) The use of alternative
measures in respect of a young person alleged to have committed an
offence is not a bar to proceedings against him under this Act, but
(a) where the youth
court is satisfied on a balance of probabilities that the young person
has totally complied with the terms and conditions of the alternative
measures, the youth court shall dismiss any charge against him; and
(b) where the youth
court is satisfied on a balance of probabilities that the young person
has partially complied with the terms and conditions of the
alternative measures, the youth court may dismiss any charge against
him if, in the opinion of the court, the prosecution of the charge
would, having regard to the circumstances, be unfair, and the youth
court may consider the young person’s performance with respect to
the alternative measures before making a disposition under this Act.
Laying of information, etc.
(5) Subject to subsection (4),
nothing in this section shall be construed to prevent any person from
laying an information, obtaining the issue or confirmation of any
process or proceeding with the prosecution of any offence in
accordance with law.
1980-81-82-83, c. 110, s. 4.
JURISDICTION
Exclusive jurisdiction of youth court
5. (1)
Notwithstanding any other Act of Parliament but subject to the National
Defence Act and section 16, a youth court has exclusive
jurisdiction in respect of any offence alleged to have been committed
by a person while he was a young person and any such person shall be
dealt with as provided in this Act.
Period of limitation
(2) No proceedings in respect
of an offence shall be commenced under this Act after the expiration
of the time limit set out in any other Act of Parliament or any
regulation made thereunder for the institution of proceedings in
respect of that offence.
Proceedings continued when adult
(3) Proceedings commenced under
this Act against a young person may be continued, after he becomes an
adult, in all respects as if he remained a young person.
Powers of youth court judge
(4) A youth court judge, for
the purpose of carrying out the provisions of this Act, is a justice
and a provincial court judge and has the jurisdiction and powers of a
summary conviction court under the Criminal Code.
Court of record
(5) A youth court is a court of
record.
R.S., 1985, c. Y-1, s. 5; R.S., 1985, c. 24
(2nd Supp.), s. 3.
Certain proceedings may be taken before
justices
6. Any proceeding that may be carried out
before a justice under the Criminal Code, other than a plea, a
trial or an adjudication, may be carried out before a justice in
respect of an offence alleged to have been committed by a young
person, and any process that may be issued by a justice under the Criminal
Code may be issued by a justice in respect of an offence alleged
to have been committed by a young person.
R.S., 1985, c. Y-1, s. 6; R.S., 1985, c. 24
(2nd Supp.), s. 4.
DETENTION PRIOR TO DISPOSITION
Designated place of temporary detention
7. (1)
A young person who is
(a) arrested and
detained prior to the making of a disposition in respect of the young
person under section 20, or
(b) detained pursuant
to a warrant issued under subsection 32(6)
shall, subject to subsection
(4), be detained in a place of temporary detention designated as such
by the Lieutenant Governor in Council of the appropriate province or
his delegate or in a place within a class of such places so
designated.
Exception
(1.1) A young person who is
detained in a place of temporary detention pursuant to subsection (1)
may, in the course of being transferred from that place to the court
or from the court to that place, be held under the supervision and
control of a peace officer.
Detention separate from adults
(2) A young person referred to
in subsection (1) shall be held separate and apart from any adult who
is detained or held in custody unless a youth court judge or a justice
is satisfied that
(a) the young person
cannot, having regard to his own safety or the safety of others, be
detained in a place of detention for young persons; or
(b) no place of
detention for young persons is available within a reasonable distance.
Transfer by provincial director
(3) A young person who is
detained in custody in accordance with subsection (1) may, during the
period of detention, be transferred by the provincial director from
one place of temporary detention to another.
Exception relating to temporary detention
(4) Subsections (1) and (2) do
not apply in respect of any temporary restraint of a young person
under the supervision and control of a peace officer after arrest, but
a young person who is so restrained shall be transferred to a place of
temporary detention referred to in subsection (1) as soon as is
reasonably practicable, and in no case later than the first reasonable
opportunity after the appearance of the young person before a youth
court judge or a justice pursuant to section 503 of the Criminal
Code.
Authorization of provincial authority for
detention
(5) In any province for which
the Lieutenant Governor in Council has designated a person or a group
of persons whose authorization is required, either in all
circumstances or in circumstances specified by the Lieutenant Governor
in Council, before a young person who has been arrested may be
detained in accordance with this section, no young person shall be so
detained unless the authorization is obtained.
Determination by provincial authority of place
of detention
(6) In any province for which
the Lieutenant Governor in Council has designated a person or a group
of persons who may determine the place where a young person who has
been arrested may be detained in accordance with this section, no
young person may be so detained in a place other than the one so
determined.
R.S., 1985, c. Y-1, s. 7; R.S., 1985, c. 24
(2nd Supp.), s. 5.
Placement of young person in care of
responsible person
7.1 (1)
Where a youth court judge or a justice is satisfied that
(a) a young person
who has been arrested would, but for this subsection, be detained in
custody,
(b) a responsible
person is willing and able to take care of and exercise control over
the young person, and
(c) the young person
is willing to be placed in the care of that person,
the young person may be placed
in the care of that person instead of being detained in custody.
Condition of placement
(2) A young person shall not be
placed in the care of a person under subsection (1) unless
(a) that person
undertakes in writing to take care of and to be responsible for the
attendance of the young person in court when required and to comply
with such other conditions as the youth court judge or justice may
specify; and
(b) the young person
undertakes in writing to comply with the arrangement and to comply
with such other conditions as the youth court judge or justice may
specify.
Removing young person from care
(3) Where a young person has
been placed in the care of a person under subsection (1) and
(a) that person is no
longer willing or able to take care of or exercise control over the
young person, or
(b) it is, for any
other reason, no longer appropriate that the young person be placed in
the care of that person,
the young person, the person in
whose care the young person has been placed or any other person may,
by application in writing to a youth court judge or a justice, apply
for an order under subsection (4).
Order
(4) Where a youth court judge
or a justice is satisfied that a young person should not remain in the
custody of the person in whose care he was placed under subsection
(1), the youth court judge or justice shall
(a) make an order
relieving the person and the young person of the obligations
undertaken pursuant to subsection (2); and
(b) issue a warrant
for the arrest of the young person.
Effect of arrest
(5) Where a young person is
arrested pursuant to a warrant issued under paragraph (4)(b),
the young person shall be taken before a youth court judge or justice
forthwith and dealt with under section 515 of the Criminal Code.
R.S., 1985, c. 24 (2nd Supp.), s. 5.
Offence and punishment
7.2 Any person who wilfully fails to
comply with section 7, or with an undertaking entered into pursuant to
subsection 7.1(2), is guilty of an offence punishable on summary
conviction.
R.S., 1985, c. 24 (2nd Supp.), s. 5.
8.
(1) [Repealed, R.S., 1985, c. 24 (2nd Supp.),
s. 6]
Application to youth court
(2) Where an order is made
under section 515 of the Criminal Code in respect of a young
person by a justice who is not a youth court judge, an application
may, at any time after the order is made, be made to a youth court for
the release from or detention in custody of the young person, as the
case may be, and the youth court shall hear the matter as an original
application.
Notice to prosecutor
(3) An application under
subsection (2) for release from custody shall not be heard unless the
young person has given the prosecutor at least two clear days notice
in writing of the application.
Notice to young person
(4) An application under
subsection (2) for detention in custody shall not be heard unless the
prosecutor has given the young person at least two clear days notice
in writing of the application.
Waiver of notice
(5) The requirement for a
notice under subsection (3) or (4) may be waived by the prosecutor or
by the young person or his counsel, as the case may be.
Application for review under section 520 or
521 of Criminal Code
(6) An application under
section 520 or 521 of the Criminal Code for a review of an
order made in respect of a young person by a youth court judge who is
a judge of a superior, county or district court shall be made to a
judge of the court of appeal.
Nunavut
(6.1) Despite subsection (6),
an application under section 520 or 521 of the Criminal Code
for a review of an order made in respect of a young person by a youth
court judge who is a judge of the Nunavut Court of Justice shall be
made to a judge of that court.
Idem
(7) No application may be made
under section 520 or 521 of the Criminal Code for a review of
an order made in respect of a young person by a justice who is not a
youth court judge.
Interim release by youth court judge only
(8) Where a young person
against whom proceedings have been taken under this Act is charged
with an offence referred to in section 522 of the Criminal Code,
a youth court judge, but no other court, judge or justice, may release
the young person from custody under that section.
Review by court of appeal
(9) A decision made by a youth
court judge under subsection (8) may be reviewed in accordance with
section 680 of the Criminal Code and that section applies, with
such modifications as the circumstances require, to any decision so
made.
R.S., 1985, c. Y-1, s. 8; R.S., 1985, c. 24
(2nd Supp.), s. 6; 1999, c. 3, s. 86.
NOTICES TO PARENTS
Notice to parent in case of arrest
9. (1)
Subject to subsections (3) and (4), where a young person is arrested
and detained in custody pending his appearance in court, the officer
in charge at the time the young person is detained shall, as soon as
possible, give or cause to be given, orally or in writing, to a parent
of the young person notice of the arrest stating the place of
detention and the reason for the arrest.
Notice to parent in case of summons or
appearance notice
(2) Subject to subsections (3)
and (4), where a summons or an appearance notice is issued in respect
of a young person, the person who issued the summons or appearance
notice, or, where a young person is released on giving his promise to
appear or entering into a recognizance, the officer in charge, shall,
as soon as possible, give or cause to be given, in writing, to a
parent of the young person notice of the summons, appearance notice,
promise to appear or recognizance.
Notice to relative or other adult
(3) Where the whereabouts of
the parents of a young person
(a) who is arrested
and detained in custody,
(b) in respect of
whom a summons or an appearance notice is issued, or
(c) who is released
on giving his promise to appear or entering into a recognizance
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 him or, if no such adult relative is
available, to such other adult who is known to the young person and is
likely to assist him as the person giving the notice considers
appropriate.
Notice to spouse
(4) Where a young person
described in paragraph (3)(a), (b)
or (c) is married, a notice under this
section may be given to the spouse of the young person instead of a
parent.
Notice on direction of youth court judge or
justice
(5) Where doubt exists as to
the person to whom a notice under this section should be given, a
youth court judge or, where a youth court judge is, having regard to
the circumstances, not reasonably available, a justice may give
directions as to the person to whom the notice should be given, and a
notice given in accordance with those directions is sufficient notice
for the purposes of this section.
Contents of notice
(6) Any notice under this
section shall, in addition to any other requirements under this
section, include
(a) the name of the
young person in respect of whom it is given;
(b) the charge
against the young person and the time and place of appearance; and
(c) a statement that
the young person has the right to be represented by counsel.
Service of notice
(7) Subject to subsections (9)
and (10), a notice under this section given in writing may be served
personally or may be sent by mail.
Proceedings not invalid
(8) Subject to subsections (9)
and (10), failure to give notice in accordance with this section does
not affect the validity of proceedings under this Act.
Exception
(9) Failure to give notice
under subsection (2) in accordance with this section in any case
renders invalid any subsequent proceedings under this Act relating to
the case unless
(a) a parent of the
young person against whom proceedings are held attends court with the
young person; or
(b) a youth court
judge or a justice before whom proceedings are held against the young
person
(i) adjourns the proceedings and orders that
the notice be given in such manner and to such persons as the judge or
justice directs, or
(ii) dispenses with the notice where the judge
or justice is of the opinion that, having regard to the circumstances,
the notice may be dispensed with.
Where a notice not served
(10) Where there has been a
failure to give a notice under subsection (1) in accordance with this
section and none of the persons to whom such notice may be given
attends court with a young person, a youth court judge or a justice
before whom proceedings are held against the young person may
(a) adjourn the
proceedings and order that the notice be given in such manner and to
such person as he directs; or
(b) dispense with the
notice where, in his opinion, having regard to the circumstances,
notice may be dispensed with.
(11) [Repealed, R.S., 1985, c. 24 (2nd Supp.),
s. 7]
R.S., 1985, c. Y-1, s. 9; R.S., 1985, c. 24
(2nd Supp.), ss. 7, 44(F); 1991, c. 43, s. 31.
Order requiring attendance of parent
10. (1)
Where a parent does not attend proceedings before a youth court in
respect of a young person, the court may, if in its opinion the
presence of the parent is necessary or in the best interest of the
young person, by order in writing require the parent to attend at any
stage of the proceedings.
Service of order
(2) A copy of any order made
under subsection (1) shall be served by a peace officer or by a person
designated by a youth court by delivering it personally to the parent
to whom it is directed, unless the youth court authorizes service by
registered mail.
Failure to attend
(3) A parent who is ordered to
attend a youth court pursuant to subsection (1) and who fails without
reasonable excuse, the proof of which lies on that parent, to comply
with the order
(a) is guilty of
contempt of court;
(b) may be dealt with
summarily by the court; and
(c) is liable to the
punishment provided for in the Criminal Code for a summary
conviction offence.
Appeal
(4) Section 10 of the Criminal
Code applies where a person is convicted of contempt of court
under subsection (3).
Warrant to arrest parent
(5) If a parent who is ordered
to attend a youth court pursuant to subsection (1) does not attend at
the time and place named in the order or fails to remain in attendance
as required and it is proved that a copy of the order was served on
the parent, a youth court may issue a warrant to compel the attendance
of the parent.
(6) [Repealed, R.S., 1985, c. 24 (2nd Supp.),
s. 8]
R.S., 1985, c. Y-1, s. 10; R.S., 1985, c. 24
(2nd Supp.), ss. 8, 44(F).
RIGHT TO COUNSEL
Right to retain counsel
11. (1)
A young person has the right to retain and instruct counsel without
delay, and to exercise that right personally, at any stage of
proceedings against the young person and prior to and during any
consideration of whether, instead of commencing or continuing judicial
proceedings against the young person under this Act, to use
alternative measures to deal with the young person.
Arresting officer to advise young person of
right to counsel
(2) Every young person who is
arrested or detained shall, forthwith on his arrest or detention, be
advised by the arresting officer or the officer in charge, as the case
may be, of his right to be represented by counsel and shall be given
an opportunity to obtain counsel.
Justice, youth court or review board to advise
young person of right to counsel
(3) Where a young person is not
represented by counsel
(a) at a hearing at
which it will be determined whether to release the young person or
detain him in custody prior to disposition of his case,
(b) at a hearing held
pursuant to section 16,
(c) at his trial,
(c.1) at any
proceedings held pursuant to subsection 26.1(1), 26.2(1) or 26.6(1),
(d) at a review of a
disposition held before a youth court or a review board under this
Act, or
(e) at a review of
the level of custody pursuant to subsection 28.1(1),
the justice before whom, or the
youth court or review board before which, the hearing, trial or review
is held shall advise the young person of his right to be represented
by counsel and shall give the young person a reasonable opportunity to
obtain counsel.
Trial, hearing or review before youth court or
review board
(4) Where a young person at his
trial or at a hearing or review referred to in subsection (3) wishes
to obtain counsel but is unable to do so, the youth court before which
the hearing, trial or review is held or the review board before which
the review is held
(a) shall, where
there is a legal aid or an assistance program available in the
province where the hearing, trial or review is held, refer the young
person to that program for the appointment of counsel; or
(b) where no legal
aid or assistance program is available or the young person is unable
to obtain counsel through such a program, may, and on the request of
the young person shall, direct that the young person be represented by
counsel.
Appointment of counsel
(5) Where a direction is made
under paragraph (4)(b) in respect of a
young person, the Attorney General of the province in which the
direction is made shall appoint counsel, or cause counsel to be
appointed, to represent the young person.
Release hearing before justice
(6) Where a young person at a
hearing before a justice who is not a youth court judge at which it
will be determined whether to release the young person or detain him
in custody prior to disposition of his case wishes to obtain counsel
but is unable to do so, the justice shall
(a) where there is a
legal aid or an assistance program available in the province where the
hearing is held,
(i) refer the young person to that program for
the appointment of counsel, or
(ii) refer the matter to a youth court to be
dealt with in accordance with paragraph (4)(a)
or (b); or
(b) where no legal
aid or assistance program is available or the young person is unable
to obtain counsel through such a program, refer the matter to a youth
court to be dealt with in accordance with paragraph (4)(b).
Young person may be assisted by adult
(7) Where a young person is not
represented by counsel at his trial or at a hearing or review referred
to in subsection (3), the justice before whom or the youth court or
review board before which the proceedings are held may, on the request
of the young person, allow the young person to be assisted by an adult
whom the justice, court or review board considers to be suitable.
Counsel independent of parents
(8) In any case where it
appears to a youth court judge or a justice that the interests of a
young person and his parents are in conflict or that it would be in
the best interest of the young person to be represented by his own
counsel, the judge or justice shall ensure that the young person is
represented by counsel independent of his parents.
Statement of right to counsel
(9) A statement that a young
person has the right to be represented by counsel shall be included in
(a) any appearance
notice or summons issued to the young person;
(b) any warrant to
arrest the young person;
(c) any promise to
appear given by the young person;
(d) any recognizance
entered into before an officer in charge by the young person;
(e) any notice given
to the young person in relation to any proceedings held pursuant to
subsection 26.1(1), 26.2(1) or 26.6(1); or
(f) any notice of a
review of a disposition given to the young person.
R.S., 1985, c. Y-1, s. 11; R.S., 1985, c. 24
(2nd Supp.), s. 9; 1992, c. 11, s. 1; 1995, c. 19, s. 2.
APPEARANCE
Where young person appears
12. (1)
A young person against whom an information is laid must first appear
before a youth court judge or a justice, and the judge or justice
shall
(a) cause the
information to be read to the young person;
(b) where the young
person is not represented by counsel, inform the young person of the
right to be so represented; and
(c) where the young
person is a young person referred to in subsection 16(1.01), inform
the young person that the young person will be proceeded against in
ordinary court in accordance with the law ordinarily applicable to an
adult charged with the offence unless an application is made to the
youth court by the young person, the young person’s counsel or the
Attorney General or an agent of the Attorney General to have the young
person proceeded against in the youth court and an order is made to
that effect.
Waiver
(2) A young person may waive
the requirement under paragraph (1)(a)
where the young person is represented by counsel.
Where young person not represented by counsel
(3) Where a young person is not
represented in youth court by counsel, the youth court shall, before
accepting a plea,
(a) satisfy itself
that the young person understands the charge against him; and
(b) explain to the
young person that he may plead guilty or not guilty to the charge.
Idem
(3.1) Where a young person is a
young person referred to in subsection 16(1.01) and is not represented
in youth court by counsel, the youth court shall satisfy itself that
the young person understands
(a) the charge
against the young person;
(b) the consequences
of being proceeded against in ordinary court; and
(c) the young
person’s right to apply to be proceeded against in youth court.
Where youth court not satisfied
(4) Where the youth court is
not satisfied that a young person understands the charge against the
young person, as required under paragraph (3)(a),
the court shall enter a plea of not guilty on behalf of the young
person and shall proceed with the trial in accordance with subsection
19(2) or, with respect to proceedings in Nunavut, subsection 19.1(2).
Idem
(5) Where the youth court is
not satisfied that a young person understands the matters referred to
in subsection (3.1), the court shall direct that the young person be
represented by counsel.
R.S., 1985, c. Y-1, s. 12; 1995, c. 19, s.
3; 1999, c. 3, s. 87.
MEDICAL AND PSYCHOLOGICAL REPORTS
Medical or psychological assessment
13. (1)
A youth court may, at any stage of proceedings against a young person,
(a) with the consent
of the young person and the prosecutor, or
(b) on its own motion
or on application of the young person or the prosecutor, where
(i) the court has reasonable grounds to
believe that the young person may be suffering from a physical or
mental illness or disorder, a psychological disorder, an emotional
disturbance, a learning disability or a mental disability,
(ii) the young person’s history indicates a
pattern of repeated findings of guilt under this Act, or
(iii) the young person is alleged to have
committed an offence involving serious personal injury,
and the court believes a medical, psychological
or psychiatric report in respect of the young person is necessary for
a purpose mentioned in paragraphs (2)(a)
to (f),
by order require that the young
person be assessed by a qualified person and require the person who
conducts the examination to report the results thereof in writing to
the court.
Purpose of assessment
(2) A youth court may make an
order under subsection (1) in respect of a young person for the
purpose of
(a) considering an
application under section 16;
(b) making or
reviewing a disposition under this Act, other than a disposition made
under section 672.54 or 672.58 of the Criminal Code;
(c) considering an
application under subsection 26.1(1);
(d) setting
conditions under subsection 26.2(1);
(e) making an order
under subsection 26.6(2); or
(f) authorizing
disclosure under subsection 38(1.5).
Custody for assessment
(3) Subject to subsections
(3.1) and (3.3), for the purpose of an assessment under this section,
a youth court may remand a young person to such custody as it directs
for a period not exceeding thirty days.
Presumption against custodial remand
(3.1) A young person shall not
be remanded in custody pursuant to an order made by a youth court
under subsection (1) unless
(a) the youth court
is satisfied that on the evidence custody is necessary to conduct an
assessment of the young person, or that on the evidence of a qualified
person detention of the young person in custody is desirable to
conduct the assessment of the young person and the young person
consents to custody; or
(b) the young person
is required to be detained in custody in respect of any other matter
or by virtue of any provision of the Criminal Code.
Report of qualified person in writing
(3.2) For the purposes of
paragraph (3.1)(a), when the prosecutor
and the young person agree, evidence of a qualified person may be
received in the form of a report in writing.
Application to vary assessment order where
circumstances change
(3.3) A youth court may, at any
time while an order in respect of a young person made by the court
under subsection (1) is in force, on cause being shown, vary the terms
and conditions specified in that order in such manner as the court
considers appropriate in the circumstances.
Disclosure of report
(4) Where a youth court
receives a report made in respect of a young person pursuant to
subsection (1),
(a) the court shall,
subject to subsection (6), cause a copy of the report to be given to
(i) the young person,
(ii) a parent of the young person, if the
parent is in attendance at the proceedings against the young person,
(iii) counsel, if any, representing the young
person, and
(iv) the prosecutor; and
(b) the court may
cause a copy of the report to be given to a parent of the young person
not in attendance at the proceedings against the young person if the
parent is, in the opinion of the court, taking an active interest in
the proceedings.
Cross-examination
(5) Where a report is made in
respect of a young person pursuant to subsection (1), the young
person, his counsel or the adult assisting him pursuant to subsection
11(7) and the prosecutor shall, subject to subsection (6), on
application to the youth court, be given an opportunity to
cross-examine the person who made the report.
Report to be withheld where disclosure
unnecessary or prejudicial
(6) A youth court shall
withhold all or part of a report made in respect of a young person
pursuant to subsection (1) from a private prosecutor, where disclosure
of the report or part, in the opinion of the court, is not necessary
for the prosecution of the case and might be prejudicial to the young
person.
Report to be withheld where disclosure
dangerous to any person
(7) A youth court shall
withhold all or part of a report made in respect of a young person
pursuant to subsection (1) from the young person, the young person’s
parents or a private prosecutor where the court is satisfied, on the
basis of the report or evidence given in the absence of the young
person, parents or private prosecutor by the person who made the
report, that disclosure of all or part of the report would seriously
impair the treatment or recovery of the young person, or would be
likely to endanger the life or safety of, or result in serious
psychological harm to, another person.
Idem
(8) Notwithstanding subsection
(7), the youth court may release all or part of the report referred to
in that subsection to the young person, the young person’s parents
or the private prosecutor where the interests of justice make
disclosure essential in the court’s opinion.
Report to be part of record
(9) A report made pursuant to
subsection (1) shall form part of the record of the case in respect of
which it was requested.
Disclosure by qualified person
(10) Notwithstanding any other
provision of this Act, a qualified person who is of the opinion that a
young person held in detention or committed to custody is likely to
endanger his own life or safety or to endanger the life of, or cause
bodily harm to, another person may immediately so advise any person
who has the care and custody of the young person whether or not the
same information is contained in a report made pursuant to subsection
(1).
Definition of “qualified person”
(11) In this section,
“qualified person” means a person duly qualified by provincial law
to practice medicine or psychiatry or to carry out psychological
examinations or assessments, as the circumstances require, or, where
no such law exists, a person who is, in the opinion of the youth
court, so qualified, and includes a person or a person within a class
of persons designated by the Lieutenant Governor in Council of a
province or his delegate.
(12) [Repealed, R.S., 1985, c. 24 (2nd Supp.),
s. 10]
R.S., 1985, c. Y-1, s. 13; R.S., 1985, c. 24
(2nd Supp.), s. 10; 1991, c. 43, ss. 32, 35; 1995, c. 19, s. 4.
Statements not admissible against young person
13.1 (1)
Subject to subsection (2), where a young person is assessed pursuant
to an order made under subsection 13(1), no statement or reference to
a statement made by the young person during the course and for the
purposes of the assessment to the person who conducts the assessment
or to anyone acting under that person’s direction is admissible in
evidence, without the consent of the young person, in any proceeding
before a court, tribunal, body or person with jurisdiction to compel
the production of evidence.
Exceptions
(2) A statement referred to in
subsection (1) is admissible in evidence for the purposes of
(a) considering an
application under section 16 in respect of the young person;
(b) determining
whether the young person is unfit to stand trial;
(c) determining
whether the balance of the mind of the young person was disturbed at
the time of commission of the alleged offence, where the young person
is a female person charged with an offence arising out of the death of
her newly-born child;
(d) making or
reviewing a disposition in respect of the young person;
(e) determining
whether the young person was, at the time of the commission of an
alleged offence, suffering from automatism or a mental disorder so as
to be exempt from criminal responsibility by virtue of subsection
16(1) of the Criminal Code, if the accused puts his or her
mental capacity for criminal intent into issue, or if the prosecutor
raises the issue after verdict;
(f) challenging the
credibility of a young person in any proceeding where the testimony of
the young person is inconsistent in a material particular with a
statement referred to in subsection (1) that the young person made
previously;
(g) establishing the
perjury of a young person who is charged with perjury in respect of a
statement made in any proceeding;
(h) deciding an
application for an order under subsection 26.1(1);
(i) setting the
conditions under subsection 26.2(1);
(j) conducting a
review under subsection 26.6(1); or
(k) deciding an
application for a disclosure order under subsection 38(1.5).
1991, c. 43, ss. 33, 35; 1994, c. 26, s. 76;
1995, c. 19, s. 5.
APPLICATION OF PART XX.1 OF THE CRIMINAL CODE
(MENTAL DISORDER)
Sections of Criminal Code applicable
13.2 (1)
Except to the extent that they are inconsistent with or excluded by
this Act, section 16 and Part XX.1 of the Criminal Code, except
sections 672.65 and 672.66, apply, with such modifications as the
circumstances require, in respect of proceedings under this Act in
relation to offences alleged to have been committed by young persons.
Notice and copies to counsel and parents
(2) For the purposes of
subsection (1), wherever in Part XX.1 of the Criminal Code a
reference is made to
(a) a copy to be sent
or otherwise given to an accused or a party to the proceedings, the
reference shall be read as including a reference to a copy to be sent
or otherwise given to
(i) counsel, if any, representing the young
person,
(ii) any parent of the young person who is in
attendance at the proceedings against the young person, and
(iii) any parent of the young person who is,
in the opinion of the youth court or Review Board, taking an active
interest in the proceedings; and
(b) notice to be
given to an accused or a party to proceedings, the reference shall be
read as including a reference to notice to be given to counsel, if
any, representing the young person and the parents of the young
person.
Proceedings not invalid
(3) Subject to subsection (4),
failure to give a notice referred to in paragraph (2)(b)
to a parent of a young person does not affect the validity of
proceedings under this Act.
Exception
(4) Failure to give a notice
referred to in paragraph (2)(b) to a
parent of a young person in any case renders invalid any subsequent
proceedings under this Act relating to the case unless
(a) a parent of the
young person attends at the court or Review Board with the young
person; or
(b) a youth court
judge or Review Board before whom proceedings are held against the
young person
(i) adjourns the proceedings and orders that
the notice be given in such manner and to such persons as the judge or
Review Board directs, or
(ii) dispenses with the notice where the youth
court or Review Board is of the opinion that, having regard to the
circumstances, the notice may be dispensed with.
No hospital order assessments
(5) A youth court may not make
an order under subsection 672.11 of the Criminal Code in
respect of a young person for the purpose of assisting in the
determination of an issue mentioned in paragraph 672.11(e)
of that Act.
Considerations of court or Review Board making
a disposition
(6) Before making or reviewing
a disposition in respect of a young person under Part XX.1 of the Criminal
Code, a youth court or Review Board shall consider the age and
special needs of the young person and any representations or
submissions made by the young person’s parents.
Cap applicable to young persons
(7) Subject to subsection (9),
for the purpose of applying subsection 672.64(3) of the Criminal
Code to proceedings under this Act in relation to an offence
alleged to have been committed by a young person, the applicable cap
shall be the maximum period during which the young person would be
subject to a disposition by the youth court if found guilty of the
offence.
Application to increase cap of unfit young
person subject to transfer
(8) Where an application is
made under section 16 to proceed against a young person in ordinary
court and the young person is found unfit to stand trial, the Attorney
General or the agent of the Attorney General may, before the youth
court makes or refuses to make an order under that section, apply to
the court to increase the cap that shall apply to the young person.
Consideration of youth court for increase in
cap
(9) The youth court, after
giving the Attorney General and the counsel and parents of the young
person in respect of whom an application is made under subsection (8)
an opportunity to be heard, shall take into consideration
(a) the seriousness
of the alleged offence and the circumstances in which it was allegedly
committed,
(b) the age,
maturity, character and background of the young person and any
previous findings of guilt against the young person under any Act of
Parliament,
(c) the likelihood
that the young person will cause significant harm to any person if
released on expiration of the cap that applies to the young person
pursuant to subsection (7), and
(d) the respective
caps that would apply to the young person under this Act and under the
Criminal Code,
and the youth court shall, where
satisfied that the application under section 16 would likely succeed
if the young person were fit to stand trial, apply to the young person
the cap that would apply to an adult for the same offence.
Prima facie case
to be made every year
(10) For the purpose of
applying subsection 672.33(1) of the Criminal Code to
proceedings under this Act in relation to an offence alleged to have
been committed by a young person, wherever in that subsection a
reference is made to two years, there shall be substituted a reference
to one year.
Designation of hospitals for young persons
(11) A reference in Part XX.1
of the Criminal Code to a hospital in a province shall be
construed as a reference to a hospital designated by the Minister of
Health of the province for the custody, treatment or assessment of
young persons.
1991, c. 43, s. 33.
PRE-DISPOSITION REPORT
Pre-disposition report
14. (1)
Where a youth court deems it advisable before making a disposition
under section 20 in respect of a young person who is found guilty of
an offence it may, and where a youth court is required under this Act
to consider a pre-disposition report before making an order or a
disposition in respect of a young person it shall, require the
provincial director to cause to be prepared a pre-disposition report
in respect of the young person and to submit the report to the court.
Contents of report
(2) A pre-disposition report
made in respect of a young person shall, subject to subsection (3), be
in writing and shall include
(a) the results of an
interview with
(i) the young person,
(ii) where reasonably possible, the parents of
the young person and,
(iii) where appropriate and reasonably
possible, members of the young person’s extended family;
(b) the results of an
interview with the victim in the case, where applicable and where
reasonably possible;
(c) such information
as is applicable to the case including, where applicable,
(i) the age, maturity, character, behaviour
and attitude of the young person and his willingness to make amends,
(ii) any plans put forward by the young person
to change his conduct or to participate in activities or undertake
measures to improve himself,
(iii) the history of previous findings of
delinquency under the Juvenile Delinquents Act, chapter J-3 of
the Revised Statutes of Canada, 1970, or previous findings of guilt
under this or any other Act of Parliament or any regulation made
thereunder or under an Act of the legislature of a province or any
regulation made thereunder or a by-law or ordinance of a municipality,
the history of community or other services rendered to the young
person with respect to those findings and the response of the young
person to previous sentences or dispositions and to services rendered
to him,
(iv) the history of alternative measures used
to deal with the young person and the response of the young person
thereto,
(v) the availability and appropriateness of
community services and facilities for young persons and the
willingness of the young person to avail himself or herself of those
services or facilities,
(vi) the relationship between the young person
and the young person’s parents and the degree of control and
influence of the parents over the young person and, where appropriate
and reasonably possible, the relationship between the young person and
the young person’s extended family and the degree of control and
influence of the young person’s extended family over the young
person, and
(vii) the school attendance and performance
record and the employment record of the young person; and
(d) such information
as the provincial director considers relevant, including any
recommendation that the provincial director considers appropriate.
Oral report with leave
(3) Where a pre-disposition
report cannot reasonably be committed to writing, it may, with leave
of the youth court, be submitted orally in court.
Report to form part of record
(4) A pre-disposition report
shall form part of the record of the case in respect of which it was
requested.
Copies of pre-disposition report
(5) Where a pre-disposition
report made in respect of a young person is submitted to a youth court
in writing, the court
(a) shall, subject to
subsection (7), cause a copy of the report to be given to
(i) the young person,
(ii) a parent of the young person, if the
parent is in attendance at the proceedings against the young person,
(iii) counsel, if any, representing the young
person, and
(iv) the prosecutor; and
(b) may cause a copy
of the report to be given to a parent of the young person not in
attendance at the proceedings against the young person if the parent
is, in the opinion of the court, taking an active interest in the
proceedings.
Cross-examination
(6) Where a pre-disposition
report made in respect of a young person is submitted to a youth
court, the young person, his counsel or the adult assisting him
pursuant to subsection 11(7) and the prosecutor shall, subject to
subsection (7), on application to the youth court, be given the
opportunity to cross-examine the person who made the report.
Report may be withheld from private prosecutor
(7) Where a pre-disposition
report made in respect of a young person is submitted to a youth
court, the court may, where the prosecutor is a private prosecutor and
disclosure of the report or any part thereof to the prosecutor might,
in the opinion of the court, be prejudicial to the young person and is
not, in the opinion of the court, necessary for the prosecution of the
case against the young person,
(a) withhold the
report or part thereof from the prosecutor, if the report is submitted
in writing; or
(b) exclude the
prosecutor from the court during the submission of the report or part
thereof, if the report is submitted orally in court.
Report disclosed to other persons
(8) Where a pre-disposition
report made in respect of a young person is submitted to a youth
court, the court
(a) shall, on
request, cause a copy or a transcript of the report to be supplied to
(i) any court that is dealing with matters
relating to the young person, and
(ii) any youth worker to whom the young
person’s case has been assigned; and
(b) may, on request,
cause a copy or a transcript of the report, or a part thereof, to be
supplied to any person not otherwise authorized under this section to
receive a copy or a transcript of the report if, in the opinion of the
court, the person has a valid interest in the proceedings.
Disclosure by the provincial director
(9) A provincial director who
submits a pre-disposition report made in respect of a young person to
a youth court may make the report, or any part thereof, available to
any person in whose custody or under whose supervision the young
person is placed or to any other person who is directly assisting in
the care or treatment of the young person.
Inadmissibility of statements
(10) No statement made by a
young person in the course of the preparation of a pre-disposition
report in respect of the young person is admissible in evidence
against him in any civil or criminal proceedings except in proceedings
under section 16 or 20 or sections 28 to 32.
R.S., 1985, c. Y-1, s. 14; R.S., 1985, c. 24
(2nd Supp.), s. 11; 1995, c. 19, s. 6.
DISQUALIFICATION OF JUDGE
Disqualification of judge
15. (1)
Subject to subsection (2), a youth court judge who, prior to an
adjudication in respect of a young person charged with an offence,
examines a pre-disposition report made in respect of the young person,
or hears an application under section 16 in respect of the young
person, in connection with that offence shall not in any capacity
conduct or continue the trial of the young person for the offence and
shall transfer the case to another judge to be dealt with according to
law.
Exception
(2) A youth court judge may, in
the circumstances referred to in subsection (1), with the consent of
the young person and the prosecutor, conduct or continue the trial of
the young person if the judge is satisfied that he has not been
predisposed by information contained in the pre-disposition report or
by representations made in respect of the application under section
16.
1980-81-82-83, c. 110, s. 15.
TRANSFER
Transfer to ordinary court
16. (1)
Subject to subsection (1.01), at any time after an information is laid
against a young person alleged to have, after attaining the age of
fourteen years, committed an indictable offence other than an offence
referred to in section 553 of the Criminal Code but prior to
adjudication, a youth court shall, on application of the young person
or the young person’s counsel or the Attorney General or an agent of
the Attorney General, determine, in accordance with subsection (1.1),
whether the young person should be proceeded against in ordinary
court.
Trial in ordinary court for certain offences
(1.01) Every young person
against whom an information is laid who is alleged to have committed
(a) first degree
murder or second degree murder within the meaning of section 231 of
the Criminal Code,
(b) an offence under
section 239 of the Criminal Code (attempt to commit murder),
(c) an offence under
section 232 or 234 of the Criminal Code (manslaughter), or
(d) an offence under
section 273 of the Criminal Code (aggravated sexual assault),
and who was sixteen or seventeen
years of age at the time of the alleged commission of the offence
shall be proceeded against in ordinary court in accordance with the
law ordinarily applicable to an adult charged with the offence unless
the youth court, on application by the young person, the young
person’s counsel or the Attorney General or an agent of the Attorney
General, makes an order under subsection (1.04) or (1.05) or
subparagraph (1.1)(a)(ii) that the young
person should be proceeded against in youth court.
Making of application
(1.02) An application to the
youth court under subsection (1.01) must be made orally, in the
presence of the other party to the proceedings, or in writing, with a
notice served on the other party to the proceedings.
Where application is opposed
(1.03) Where the other party to
the proceedings referred to in subsection (1.02) files a notice of
opposition to the application with the youth court within twenty-one
days after the making of the oral application, or the service of the
notice referred to in that subsection, as the case may be, the youth
court shall, in accordance with subsection (1.1), determine whether
the young person should be proceeded against in youth court.
Where application is unopposed
(1.04) Where the other party to
the proceedings referred to in subsection (1.02) files a notice of
non-opposition to the application with the youth court within the time
referred to in subsection (1.03), the youth court shall order that the
young person be proceeded against in youth court.
Deeming
(1.05) Where the other party to
the proceedings referred to in subsection (1.02) does not file a
notice referred to in subsection (1.03) or (1.04) within the time
referred to in subsection (1.03), the youth court shall order that the
young person be proceeded against in youth court.
Time may be extended
(1.06) The time referred to in
subsections (1.03) to (1.05) may be extended by mutual agreement of
the parties to the proceedings by filing a notice to that effect with
the youth court.
Order
(1.1) In making the
determination referred to in subsection (1) or (1.03), the youth
court, after affording both parties and the parents of the young
person an opportunity to be heard, shall consider the interest of
society, which includes the objectives of affording protection to the
public and rehabilitation of the young person, and determine whether
those objectives can be reconciled by the youth being under the
jurisdiction of the youth court, and
(a) if the court is
of the opinion that those objectives can be so reconciled, the court
shall
(i) in the case of an application under
subsection (1), refuse to make an order that the young person be
proceeded against in ordinary court, and
(ii) in the case of an application under
subsection (1.01), order that the young person be proceeded against in
youth court; or
(b) if the court is
of the opinion that those objectives cannot be so reconciled,
protection of the public shall be paramount and the court shall
(i) in the case of an application under
subsection (1), order that the young person be proceeded against in
ordinary court in accordance with the law ordinarily applicable to an
adult charged with the offence, and
(ii) in the case of an application under
subsection (1.01), refuse to make an order that the young person be
proceeded against in youth court.
Onus
(1.11) Where an application is
made under subsection (1) or (1.01), the onus of satisfying the youth
court of the matters referred to in subsection (1.1) rests with the
applicant.
Considerations by youth court
(2) In making the determination
referred to in subsection (1) or (1.03) in respect of a young person,
a youth court shall take into account
(a) the seriousness
of the alleged offence and the circumstances in which it was allegedly
committed;
(b) the age,
maturity, character and background of the young person and any record
or summary of previous findings of delinquency under the Juvenile
Delinquents Act, chapter J-3 of the Revised Statutes of Canada,
1970, or previous findings of guilt under this Act or any other Act of
Parliament or any regulation made thereunder;
(c) the adequacy of
this Act, and the adequacy of the Criminal Code or any other
Act of Parliament that would apply in respect of the young person if
an order were made under this section, to meet the circumstances of
the case;
(d) the availability
of treatment or correctional resources;
(e) any
representations made to the court by or on behalf of the young person
or by the Attorney General or his agent; and
(f) any other factors
that the court considers relevant.
Pre-disposition reports
(3) In making the determination
referred to in subsection (1) or (1.03) in respect of a young person,
a youth court shall consider a pre-disposition report.
Where young person on transfer status
(4) Notwithstanding subsections
(1) and (3), where an application is made under subsection (1) by the
Attorney General or the Attorney General’s agent in respect of an
offence alleged to have been committed by a young person while the
young person was being proceeded against in ordinary court pursuant to
an order previously made under this section or serving a sentence as a
result of proceedings in ordinary court, the youth court may make a
further order under this section without a hearing and without
considering a pre-disposition report.
Court to state reasons
(5) Where a youth court makes
an order or refuses to make an order under this section, it shall
state the reasons for its decision and the reasons shall form part of
the record of the proceedings in the youth court.
No further applications for transfer
(6) Where a youth court refuses
to make an order under this section in respect of an alleged offence,
no further application may be made under this section in respect of
that offence.
Effect of order
(7) Where an order is made
under this section pursuant to an application under subsection (1),
proceedings under this Act shall be discontinued and the young person
against whom the proceedings are taken shall be taken before the
ordinary court.
Idem
(7.1) Where an order is made
under this section pursuant to an application under subsection (1.01),
the proceedings against the young person shall be in the youth court.
Jurisdiction of ordinary court limited
(8) Where a young person is
proceeded against in ordinary court in respect of an offence by reason
of
(a) subsection
(1.01), where no application is made under that subsection,
(b) an order made
under subparagraph (1.1)(b)(i), or
(c) the refusal under
subparagraph (1.1)(b)(ii) to make an
order,
that court has jurisdiction only
in respect of that offence or an offence included therein.
Review of youth court decision
(9) An order made in respect of
a young person under this section or a refusal to make such an order
shall, on application of the young person or the young person’s
counsel or the Attorney General or the Attorney General’s agent made
within thirty days after the decision of the youth court, be reviewed
by the court of appeal, and that court may, in its discretion, confirm
or reverse the decision of the youth court.
Extension of time to make application
(10) The court of appeal may,
at any time, extend the time within which an application under
subsection (9) may be made.
Notice of application
(11) A person who proposes to
apply for a review under subsection (9) shall give notice of the
application in such manner and within such period of time as may be
directed by rules of court.
Inadmissibility of statement
(12) No statement made by a
young person in the course of a hearing held under this section is
admissible in evidence against the young person in any civil or
criminal proceeding held subsequent to that hearing.
(13) [Repealed, 1992, c. 11, s. 2]
(14) [Repealed, R.S., 1985, c. 24 (2nd Supp.),
s. 12]
R.S., 1985, c. Y-1, s. 16; R.S., 1985, c. 24
(2nd Supp.), s. 12; 1992, c. 11, s. 2; 1995, c. 19, s. 8.
Detention pending trial — young person under
eighteen
16.1 (1)
Notwithstanding anything in this or any other Act of Parliament, where
a young person who is under the age of eighteen is to be proceeded
against in ordinary court by reason of
(a) subsection
16(1.01), where no application is made under that subsection,
(b) an order under
subparagraph 16(1.1)(b)(i), or
(c) the refusal under
subparagraph 16(1.1)(b)(ii) to make an
order,
and the young person is to be in
custody pending the proceedings in that court, the young person shall
be held separate and apart from any adult who is detained or held in
custody unless the youth court is satisfied, on application, that the
young person, having regard to the best interests of the young person
and the safety of others, cannot be detained in a place of detention
for young persons.
Detention pending trial — young person over
eighteen
(2) Notwithstanding anything in
this or any other Act of Parliament, where a young person who is over
the age of eighteen is to be proceeded against in ordinary court by
reason of
(a) subsection
16(1.01), where no application is made under that subsection,
(b) an order under
subparagraph 16(1.1)(b)(i), or
(c) the refusal under
subparagraph 16(1.1)(b)(ii) to make an
order,
and the young person is to be in
custody pending the proceedings in that court, the young person shall
be held in a place of detention for adults unless the youth court is
satisfied, on application, that the young person, having regard to the
best interests of the young person and the safety of others, should be
detained in a place of custody for young persons.
Review
(3) On application, the youth
court shall review the placement of a young person in detention
pursuant to this section and, if satisfied, having regard to the best
interests of the young person and the safety of others, and after
having afforded the young person, the provincial director and a
representative of a provincial department responsible for adult
correctional facilities an opportunity to be heard, that the young
person should remain in detention where the young person is or be
transferred to youth or adult detention, as the case may be, the court
may so order.
Who may make application
(4) An application referred to
in this section may be made by the young person, the young person’s
parents, the provincial director, the Attorney General or the Attorney
General’s agent.
Notice
(5) Where an application
referred to in this section is made, the applicant shall cause a
notice of the application to be given
(a) where the
applicant is the young person or one of the young person’s parents,
to the provincial director and the Attorney General;
(b) where the
applicant is the Attorney General or the Attorney General’s agent,
to the young person, the young person’s parents and the provincial
director; and
(c) where the
applicant is the provincial director, to the young person, the parents
of the young person and the Attorney General.
Statement of rights
(6) A notice given under
subsection (5) by the Attorney General or the provincial director
shall include a statement that the young person has the opportunity to
be heard and the right to be represented by counsel.
Limit — age 20
(7) Notwithstanding anything in
this section, no young person shall remain in custody in a place of
detention for young persons under this section after the young person
attains the age of twenty years.
1992, c. 11, s. 2; 1995, c. 19, s. 9.
Placement on conviction by ordinary court
16.2 (1)
Notwithstanding anything in this or any other Act of Parliament, where
a young person who is proceeded against in ordinary court by reason of
subsection 16(1.01), where no application is made under that
subsection, or by reason of an order under subparagraph 16(1.1)(b)(i)
or the refusal under subparagraph 16(1.1)(b)(ii)
to make an order, is convicted and sentenced to imprisonment, the
court shall, after affording the young person, the parents of the
young person, the Attorney General, the provincial director and
representatives of the provincial and federal correctional systems an
opportunity to be heard, order that the young person serve any portion
of the imprisonment in
(a) a place of
custody for young persons separate and apart from any adult who is
detained or held in custody;
(b) a provincial
correctional facility for adults; or
(c) where the
sentence is for two years or more, a penitentiary.
Factors to be taken into account
(2) In making an order under
subsection (1), the court shall take into account
(a) the safety of the
young person;
(b) the safety of the
public;
(c) the young
person’s accessibility to family;
(d) the safety of
other young persons if the young person were to be held in custody in
a place of custody for young persons;
(e) whether the young
person would have a detrimental influence on other young persons if
the young person were to be held in custody in a place of custody for
young persons;
(f) the young
person’s level of maturity;
(g) the availability
and suitability of treatment, educational and other resources that
would be provided to the young person in a place of custody for young
persons and in a place of custody for adults;
(h) the young
person’s prior experiences and behaviour while in detention or
custody;
(i) the
recommendations of the provincial director and representatives of the
provincial and federal correctional facilities; and
(j) any other factor
the court considers relevant.
Report necessary
(3) Prior to making an order
under subsection (1), the court shall require that a report be
prepared for the purpose of assisting the court.
Review
(4) On application, the court
shall review the placement of a young person in detention pursuant to
this section and, if satisfied that the circumstances that resulted in
the initial order have changed materially, and after having afforded
the young person, the provincial director and the representatives of
the provincial and federal correctional systems an opportunity to be
heard, the court may order that the young person be placed in
(a) a place of
custody for young persons separate and apart from any adult who is
detained or held in custody;
(b) a provincial
correctional facility for adults; or
(c) where the
sentence is for two years or more, a penitentiary.
Who may make application
(5) An application referred to
in this section may be made by the young person, the young person’s
parents, the provincial director, a representative of the provincial
and federal correctional systems and the Attorney General.
Notice
(6) Where an application
referred to in this section is made, the applicant shall cause a
notice of the application to be given
(a) where the
applicant is the young person or one of the young person’s parents,
to the provincial director, to representatives of the provincial and
federal correction systems and to the Attorney General;
(b) where the
applicant is the Attorney General or the Attorney General’s agent,
to the young person, the young person’s parents and the provincial
director and representatives of the provincial and federal correction
systems; and
(c) where an
applicant is the provincial director, to the young person, the parents
of the young person, the Attorney General and representatives of the
provincial and federal correction systems.
1992, c. 11, s. 2; 1994, c. 26, s. 77(F);
1995, c. 19, s. 10.
Order restricting publication of information
presented at transfer hearing
17. (1)
Where a youth court hears an application for a transfer under section
16, it shall
(a) where the young
person is not represented by counsel, or
(b) on application
made by or on behalf of the young person or the prosecutor, where the
young person is represented by counsel,
make an order directing that any
information respecting the offence presented at the hearing shall not
be published in any newspaper or broadcast before such time as
(c) an order for a
transfer is refused or set aside on review and the time for all
reviews against the decision has expired or all proceedings in respect
of any such review have been completed, or
(d) the trial is
ended, if the case is transferred to ordinary court.
Offence
(2) Every one who fails to
comply with an order made pursuant to subsection (1) is guilty of an
offence punishable on summary conviction.
Definition of “newspaper”
(3) In this section,
“newspaper” has the meaning set out in section 297 of the Criminal
Code.
R.S., 1985, c. Y-1, s. 17; 1995, c. 19, s.
11.
TRANSFER OF JURISDICTION
Transfer of jurisdiction
18. Notwithstanding subsections 478(1) and
(3) of the Criminal Code, where a young person is charged with
an offence that is alleged to have been committed in one province, he
may, if the Attorney General of the province where the offence is
alleged to have been committed consents, appear before a youth court
of any other province and,
(a) where the young
person signifies his consent to plead guilty and pleads guilty to that
offence, the court shall, if it is satisfied that the facts support
the charge, find the young person guilty of the offence alleged in the
information; and
(b) where the young
person does not signify his consent to plead guilty and does not plead
guilty, or where the court is not satisfied that the facts support the
charge, the young person shall, if he was detained in custody prior to
his appearance, be returned to custody and dealt with according to
law.
1980-81-82-83, c. 110, s. 18.
ADJUDICATION
Where young person pleads guilty
19. (1)
Where a young person pleads guilty to an offence charged against him
and the youth court is satisfied that the facts support the charge,
the court shall find the young person guilty of the offence.
Where young person pleads not guilty
(2) Where a young person
charged with an offence pleads not guilty to the offence or pleads
guilty but the youth court is not satisfied that the facts support the
charge, the court shall, subject to subsection (4), proceed with the
trial and shall, after considering the matter, find the young person
guilty or not guilty or make an order dismissing the charge, as the
case may be.
Application for transfer to ordinary court
(3) The court shall not make a
finding under this section in respect of a young person in respect of
whom an application may be made under section 16 for an order that the
young person be proceeded against in ordinary court unless it has
inquired as to whether any of the parties to the proceedings wishes to
make such an application, and, if any party so wishes, has given that
party an opportunity to do so.
Election — offence of murder
(4) Notwithstanding section 5,
where a young person is charged with having committed first degree
murder or second degree murder within the meaning of section 231 of
the Criminal Code, the youth court, before proceeding with the
trial, shall ask the young person to elect to be tried by a youth
court judge alone or by a judge of a superior court of criminal
jurisdiction with a jury, and where a young person elects to be tried
by a judge of a superior court of criminal jurisdiction with a jury,
the young person shall be dealt with as provided in this Act.
Where no election made
(5) Notwithstanding section 5,
where an election is not made under subsection (4), the young person
shall be deemed to have elected to be tried by a judge of a superior
court of criminal jurisdiction with a jury and dealt with as provided
for in this Act.
Preliminary inquiry
(5.1) Where a young person
elects or is deemed to have elected to be tried by a judge of a
superior court of criminal jurisdiction with a jury, the youth court
shall conduct a preliminary inquiry and if, on its conclusion, the
young person is ordered to stand trial, the proceedings shall be
before a judge of the superior court of criminal jurisdiction with a
jury.
Preliminary inquiry provisions of Criminal
Code
(5.2) A preliminary inquiry
referred to in subsection (5.1) shall be conducted in accordance with
the provisions of Part XVIII of the Criminal Code, except to
the extent that they are inconsistent with this Act.
Parts XIX and XX of the Criminal Code
(6) Proceedings under this Act
before a judge of a superior court of criminal jurisdiction with a
jury shall be conducted, with such modifications as the circumstances
require, in accordance with the provisions of Parts XIX and XX of the Criminal
Code, except that
(a) the provisions of
this Act respecting the protection of privacy of young persons prevail
over the provisions of the Criminal Code; and
(b) the young person
is entitled to be represented in court by counsel if the young person
is removed from court pursuant to subsection 650(2) of the Criminal
Code.
R.S., 1985, c. Y-1, s. 19; R.S., 1985, c. 24
(2nd Supp.), s. 13; 1995, c. 19, s. 12.
If young person pleads guilty — Nunavut
19.1 (1)
If a young person pleads guilty to an offence charged against the
young person and the youth court is satisfied that the facts support
the charge, the court shall find the young person guilty of the
offence.
If young person pleads not guilty — Nunavut
(2) If a young person charged
with an offence pleads not guilty to the offence or pleads guilty but
the youth court is not satisfied that the facts support the charge,
the court shall, subject to subsection (4), proceed with the trial and
shall, after considering the matter, find the young person guilty or
not guilty or make an order dismissing the charge, as the case may be.
Application for transfer to ordinary court —
Nunavut
(3) The court shall not make a
finding under this section in respect of a young person in respect of
whom an application may be made under section 16 for an order that the
young person be proceeded against in ordinary court unless it has
inquired as to whether any of the parties to the proceedings wishes to
make such an application, and, if any party so wishes, has given that
party an opportunity to do so.
Election re offence of murder — Nunavut
(4) If a young person is
charged with having committed first degree murder or second degree
murder within the meaning of section 231 of the Criminal Code,
the youth court, before proceeding with the trial, shall ask the young
person to elect
(a) to be tried by a
judge of the Nunavut Court of Justice alone, acting as a youth court,
or
(b) to have a
preliminary inquiry and to be tried by a judge of the Nunavut Court of
Justice, acting as a youth court, with a jury,
and if a young person elects
under paragraph (a) or (b),
the young person shall be dealt with as provided in this Act.
If no election made — Nunavut
(5) Despite section 5, if an
election is not made under subsection (4), the young person shall be
deemed to have elected under paragraph (4)(b).
Preliminary inquiry — Nunavut
(6) If a young person elects or
is deemed to have elected under paragraph (4)(b),
a preliminary inquiry shall be held in the youth court and if, on its
conclusion, the young person is ordered to stand trial, the
proceedings shall be before a judge of the Nunavut Court of Justice,
acting as a youth court, with a jury.
Preliminary inquiry provisions of Criminal
Code — Nunavut
(7) A preliminary inquiry
referred to in subsection (6) shall be conducted in accordance with
the provisions of Part XVIII of the Criminal Code, except to
the extent that they are inconsistent with this Act.
Parts XIX and XX of the Criminal Code
— Nunavut
(8) Proceedings under this Act
before a judge of the Nunavut Court of Justice, acting as a youth
court, with a jury shall be conducted, with any modifications that the
circumstances require, in accordance with the provisions of Parts XIX
and XX of the Criminal Code, except that
(a) the provisions of
this Act respecting the protection of privacy of young persons prevail
over the provisions of the Criminal Code; and
(b) the young person
is entitled to be represented in court by counsel if the young person
is removed from court pursuant to subsection 650(2) of the Criminal
Code.
Application to Nunavut
(9) This section, and not
section 19, applies in respect of proceedings under this Act in
Nunavut.
1999, c. 3, s. 88.
DISPOSITIONS
Dispositions that may be made
20. (1)
Where a youth court finds a young person guilty of an offence, it
shall consider any pre-disposition report required by the court, any
representations made by the parties to the proceedings or their
counsel or agents and by the parents of the young person and any other
relevant information before the court, and the court shall then make
any one of the following dispositions, other than the disposition
referred to in paragraph (k.1), or any
number thereof that are not inconsistent with each other, and where
the offence is first degree murder or second degree murder within the
meaning of section 231 of the Criminal Code, the court shall
make the disposition referred to in paragraph (k.1)
and may make such other disposition as the court considers
appropriate:
(a) by order direct
that the young person be discharged absolutely, if the court considers
it to be in the best interests of the young person and not contrary to
the public interest;
(a.1) by order direct
that the young person be discharged on such conditions as the court
considers appropriate;
(b) impose on the
young person a fine not exceeding one thousand dollars to be paid at
such time and on such terms as the court may fix;
(c) order the young
person to pay to any other person at such time and on such terms as
the court may fix an amount by way of compensation for loss of or
damage to property, for loss of income or support or for special
damages for personal injury arising from the commission of the offence
where the value thereof is readily ascertainable, but no order shall
be made for general damages;
(d) order the young
person to make restitution to any other person of any property
obtained by the young person as a result of the commission of the
offence within such time as the court may fix, if the property is
owned by that other person or was, at the time of the offence, in his
lawful possession;
(e) if any property
obtained as a result of the commission of the offence has been sold to
an innocent purchaser, where restitution of the property to its owner
or any other person has been made or ordered, order the young person
to pay the purchaser, at such time and on such terms as the court may
fix, an amount not exceeding the amount paid by the purchaser for the
property;
(f) subject to
section 21, order the young person to compensate any person in kind or
by way of personal services at such time and on such terms as the
court may fix for any loss, damage or injury suffered by that person
in respect of which an order may be made under paragraph (c)
or (e);
(g) subject to
section 21, order the young person to perform a community service at
such time and on such terms as the court may fix;
(h) subject to
section 20.1, make any order of prohibition, seizure or forfeiture
that may be imposed under any Act of Parliament or any regulation made
thereunder where an accused is found guilty or convicted of that
offence;
(i) [Repealed, 1995,
c. 19, s. 13]
(j) place the young
person on probation in accordance with section 23 for a specified
period not exceeding two years;
(k) subject to
sections 24 to 24.5, commit the young person to custody, to be served
continuously or intermittently, for a specified period not exceeding
(i) two years from the date of committal, or
(ii) where the young person is found guilty of
an offence for which the punishment provided by the Criminal Code
or any other Act of Parliament is imprisonment for life, three years
from the date of committal;
(k.1) order the young
person to serve a disposition not to exceed
(i) in the case of first degree murder, ten
years comprised of
(A) a committal to custody, to be served
continuously, for a period that shall not, subject to subsection
26.1(1), exceed six years from the date of committal, and
(B) a placement under conditional supervision to be
served in the community in accordance with section 26.2, and
(ii) in the case of second degree murder,
seven years comprised of
(A) a committal to custody, to be served
continuously, for a period that shall not, subject to subsection
26.1(1), exceed four years from the date of committal, and
(B) a placement under conditional supervision to be
served in the community in accordance with section 26.2; and
(l) impose on the
young person such other reasonable and ancillary conditions as it
deems advisable and in the best interest of the young person and the
public.
Coming into force of disposition
(2) A disposition made under
this section shall come into force on the date on which it is made or
on such later date as the youth court specifies therein.
Duration of disposition
(3) No disposition made under
this section, other than an order made under paragraph (1)(h),
(k) or (k.1),
shall continue in force for more than two years and, where the youth
court makes more than one disposition at the same time in respect of
the same offence, the combined duration of the dispositions, except in
respect of an order made under paragraph (1)(h),
(k) or (k.1),
shall not exceed two years.
Combined duration of dispositions
(4) Subject to subsection
(4.1), where more than one disposition is made under this section in
respect of a young person with respect to different offences, the
continuous combined duration of those dispositions shall not exceed
three years, except where one of those offences is first degree murder
or second degree murder within the meaning of section 231 of the Criminal
Code, in which case the continuous combined duration of those
dispositions shall not exceed ten years in the case of first degree
murder, or seven years in the case of second degree murder.
Duration of dispositions made at different
times
(4.1) Where a disposition is
made under this section in respect of an offence committed by a young
person after the commencement of, but before the completion of, any
dispositions made in respect of previous offences committed by the
young person,
(a) the duration of
the disposition made in respect of the subsequent offence shall be
determined in accordance with subsections (3) and (4);
(b) the disposition
may be served consecutively to the dispositions made in respect of the
previous offences; and
(c) the combined
duration of all the dispositions may exceed three years, except where
the offence is, or one of the previous offences was,
(i) first degree murder within the meaning of
section 231 of the Criminal Code, in which case the continuous
combined duration of the dispositions may exceed ten years, or
(ii) second degree murder within the meaning
of section 231 of the Criminal Code, in which case the
continuous combined duration of the dispositions may exceed seven
years.
Custody first
(4.2) Subject to subsection
(4.3), where a young person who is serving a disposition made under
paragraph (1)(k.1) is ordered to custody
in respect of an offence committed after the commencement of, but
before the completion of, that disposition, the custody in respect of
that subsequent offence shall be served before the young person is
placed under conditional supervision.
Conditional supervision suspended
(4.3) Where a young person
referred to in subsection (4.2) is under conditional supervision at
the time the young person is ordered to custody in respect of a
subsequent offence, the conditional supervision shall be suspended
until the young person is released from custody.
Disposition continues when adult
(5) Subject to section 743.5 of
the Criminal Code, a disposition made under this section shall
continue in effect in accordance with the terms thereof, after the
young person against whom it is made becomes an adult.
Reasons for the disposition
(6) Where a youth court makes a
disposition under this section, it shall state its reasons therefor in
the record of the case and shall
(a) provide or cause
to be provided a copy of the disposition, and
(b) on request,
provide or cause to be provided a transcript or copy of the reasons
for the disposition
to the young person in respect
of whom the disposition was made, the young person’s counsel and
parents, the provincial director, where the provincial director has an
interest in the disposition, the prosecutor and, in the case of a
custodial disposition made under paragraph (1)(k)
or (k.1), the review board, if a review
board has been established or designated.
Limitation on punishment
(7) No disposition shall be
made in respect of a young person under this section that results in a
punishment that is greater than the maximum punishment that would be
applicable to an adult who has committed the same offence.
Application of Part XXIII of Criminal Code
(8) Part XXIII of the Criminal
Code does not apply in respect of proceedings under this Act
except for section 722, subsection 730(2) and sections 748, 748.1 and
749, which provisions apply with such modifications as the
circumstances require.
Section 787 of Criminal Code does not
apply
(9) Section 787 of the Criminal
Code does not apply in respect of proceedings under this Act.
Contents of probation order
(10) The youth court shall
specify in any probation order made under paragraph (1)(j)
the period for which it is to remain in force.
No orders under section 161 of Criminal
Code
(11) Notwithstanding paragraph
(1)(h), a youth court shall not make an
order of prohibition under section 161 of the Criminal Code
against a young person.
R.S., 1985, c. Y-1, s. 20; R.S., 1985, c. 27
(1st Supp.), s. 187, c. 24 (2nd Supp.), s. 14, c. 1 (4th Supp.), s.
38; 1992, c. 11, s. 3; 1993, c. 45, s. 15; 1995, c. 19, s. 13, c. 22,
ss. 16, 17, 25, c. 39, s. 178.
Mandatory prohibition order
20.1 (1)
Notwithstanding subsection 20(1), where a young person is found guilty
of an offence referred to in any of paragraphs 109(1)(a)
to (d) of the Criminal Code, the
youth court shall, in addition to making any disposition referred to
in subsection 20(1), make an order prohibiting the young person from
possessing any firearm, cross-bow, prohibited weapon, restricted
weapon, prohibited device, ammunition, prohibited ammunition and
explosive substance during the period specified in the order as
determined in accordance with subsection (2).
Duration of prohibition order
(2) An order made under
subsection (1) begins on the day on which the order is made and ends
not earlier than two years after the young person’s release from
custody after being found guilty of the offence or, if the young
person is not then in custody or subject to custody, after the time
the young person is found guilty of or discharged from the offence.
Discretionary prohibition order
(3) Notwithstanding subsection
20(1), where a young person is found guilty of an offence referred to
in paragraph 110(1)(a) or (b)
of the Criminal Code, the youth court shall, in addition to
making any disposition referred to in subsection 20(1), consider
whether it is desirable, in the interests of the safety of the person
or of any other person, to make an order prohibiting the person from
possessing any firearm, cross-bow, prohibited weapon, restricted
weapon, prohibited device, ammunition, prohibited ammunition or
explosive substance, or all such things, and where the court decides
that it is so desirable, the court shall so order.
Duration of prohibition order
(4) An order made under
subsection (3) against a young person begins on the day on which the
order is made and ends not later than two years after the young
person’s release from custody or, if the young person is not then in
custody or subject to custody, after the time the young person is
found guilty of or discharged from the offence.
Definition of “release from imprisonment”
(5) In paragraph (2)(a)
and subsection (4), “release from custody” means a release from
custody in accordance with this Act, other than a release from custody
under subsection 35(1), and includes the commencement of conditional
supervision or probation.
Reasons for the prohibition order
(6) Where a youth court makes
an order under this section, it shall state its reasons for making the
order in the record of the case and shall
(a) provide or cause
to be provided a copy of the order, and
(b) on request,
provide or cause to be provided a transcript or copy of the reasons
for making the order
to the young person against whom
the order was made, the young person’s counsel and parents and the
provincial director.
Reasons
(7) Where the youth court does
not make an order under subsection (3), or where the youth court does
make such an order but does not prohibit the possession of everything
referred to in that subsection, the youth court shall include in the
record a statement of the youth court’s reasons.
Application of Criminal Code
(8) Sections 113 to 117 of the Criminal
Code apply in respect of any order made under this section.
Report
(9) Before making any order
referred to in section 113 of the Criminal Code in respect of a
young person, the youth court may require the provincial director to
cause to be prepared, and to submit to the youth court, a report on
the young person.
1995, c. 39, s. 179.
Where a fine or other payment is ordered
21. (1)
The youth court shall, in imposing a fine on a young person under
paragraph 20(1)(b) or in making an order
against a young person under paragraph 20(1)(c)
or (e), have regard to the present and
future means of the young person to pay.
Fine option program
(2) A young person against whom
a fine is imposed under paragraph 20(1)(b)
may discharge the fine in whole or in part by earning credits for work
performed in a program established for that purpose
(a) by the Lieutenant
Governor in Council of the province in which the fine was imposed; or
(b) by the Lieutenant
Governor in Council of the province in which the young person resides,
where an appropriate agreement is in effect between the government of
that province and the government of the province in which the fine was
imposed.
Rates, crediting and other matters
(3) A program referred to in
subsection (2) shall determine the rate at which credits are earned
and may provide for the manner of crediting any amounts earned against
the fine and any other matters necessary for or incidental to carrying
out the program.
Representations respecting orders under paras.
20(1)(c) to (f)
(4) In considering whether to
make an order under paragraphs 20(1)(c) to
(f), the youth court may consider any
representations made by the person who would be compensated or to whom
restitution or payment would be made.
Notice of orders under paras. 20(1)(c)
to (f)
(5) Where the youth court makes
an order under paragraphs 20(1)(c) to (f),
it shall cause notice of the terms of the order to be given to the
person who is to be compensated or to whom restitution or payment is
to be made.
Consent of person to be compensated
(6) No order may be made under
paragraph 20(1)(f) unless the youth court
has secured the consent of the person to be compensated.
Order for compensation or community service
(7) No order may be made under
paragraph 20(1)(f) or (g)
unless the youth court
(a) is satisfied that
the young person against whom the order is made is a suitable
candidate for such an order; and
(b) is satisfied that
the order does not interfere with the normal hours of work or
education of the young person.
Duration of order for service
(8) No order may be made under
paragraph 20(1)(f) or (g)
to perform personal or community services unless those services can be
completed in two hundred and forty hours or less and within twelve
months of the date of the order.
Community service order
(9) No order may be made under
paragraph 20(1)(g) unless
(a) the community
service to be performed is part of a program that is approved by the
provincial director; or
(b) the youth court
is satisfied that the person or organization for whom the community
service is to be performed has agreed to its performance.
Application for further time to complete
disposition
(10) A youth court may, on
application by or on behalf of the young person in respect of whom a
disposition has been made under paragraphs 20(1)(b)
to (g), allow further time for the
completion of the disposition subject to any regulations made pursuant
to paragraph 67(b) and to any rules made
by the youth court pursuant to subsection 68(1).
R.S., 1985, c. Y-1, s. 21; R.S., 1985, c. 24
(2nd Supp.), s. 15.
22. [Repealed, 1995, c. 19, s. 14]
Conditions that must appear in probation
orders
23. (1)
The following conditions shall be included in a probation order made
under paragraph 20(1)(j):
(a) that the young
person bound by the probation order shall keep the peace and be of
good behaviour; and
(b) that the young
person appear before the youth court when required by the court to do
so.
(c) [Repealed, R.S.,
1985, c. 24 (2nd Supp.), s. 16]
Conditions that may appear in probation orders
(2) A probation order made
under paragraph 20(1)(j) may include such
of the following conditions as the youth court considers appropriate
in the circumstances of the case:
(a) that the young
person bound by the probation order report to and be under the
supervision of the provincial director or a person designated by the
youth court;
(a.1) that the young
person notify the clerk of the youth court, the provincial director or
the youth worker assigned to his case of any change of address or any
change in his place of employment, education or training;
(b) that the young
person remain within the territorial jurisdiction of one or more
courts named in the order;
(c) that the young
person make reasonable efforts to obtain and maintain suitable
employment;
(d) that the young
person attend school or such other place of learning, training or
recreation as is appropriate, if the court is satisfied that a
suitable program is available for the young person at that place;
(e) that the young
person reside with a parent, or such other adult as the court
considers appropriate, who is willing to provide for the care and
maintenance of the young person;
(f) that the young
person reside in such place as the provincial director may specify;
and
(g) that the young
person comply with such other reasonable conditions set out in the
order as the court considers desirable, including conditions for
securing the good conduct of the young person and for preventing the
commission by the young person of other offences.
Communication of probation order to young
person and parent
(3) Where the youth court makes
a probation order under paragraph 20(1)(j),
it shall
(a) cause the order
to be read by or to the young person bound by the probation order;
(b) explain or cause
to be explained to the young person the purpose and effect of the
order and ascertain that the young person understands it; and
(c) cause a copy of
the order to be given to the young person and to a parent of the young
person, if the parent is in attendance at the proceedings against the
young person.
Copy of probation order to parent
(4) Where the youth court makes
a probation order under paragraph 20(1)(j),
it may cause a copy of the report to be given to a parent of the young
person not in attendance at the proceedings against the young person
if the parent is, in the opinion of the court, taking an active
interest in the proceedings.
Endorsement of order by young person
(5) After a probation order has
been read by or to a young person and explained to him pursuant to
subsection (3), the young person shall endorse the order acknowledging
that he has received a copy of the order and acknowledging the fact
that it has been explained to him.
Validity of probation order
(6) The failure of a young
person to endorse a probation order pursuant to subsection (5) does
not affect the validity of the order.
Commencement of probation order
(7) A probation order made
under paragraph 20(1)(j) comes into force
(a) on the date on
which the order is made; or
(b) where the young
person in respect of whom the order is made is committed to continuous
custody, on the expiration of the period of custody.
Notice to appear
(8) A young person may be given
notice to appear before the youth court pursuant to paragraph (1)(b)
orally or in writing.
Warrant to arrest young person
(9) If a young person to whom a
notice is given in writing to appear before the youth court pursuant
to paragraph (1)(b) does not appear at the
time and place named in the notice and it is proved that a copy of the
notice was served on him, a youth court may issue a warrant to compel
the appearance of the young person.
R.S., 1985, c. Y-1, s. 23; R.S., 1985, c. 24
(2nd Supp.), s. 16, c. 1 (4th Supp.), s. 39.
Conditions for custody
24. (1)
The youth court shall not commit a young person to custody under
paragraph 20(1)(k) unless the court
considers a committal to custody to be necessary for the protection of
society having regard to the seriousness of the offence and the
circumstances in which it was committed and having regard to the needs
and circumstances of the young person.
Factors
(1.1) In making a determination
under subsection (1), the youth court shall take the following into
account:
(a) that an order of
custody shall not be used as a substitute for appropriate child
protection, health and other social measures;
(b) that a young
person who commits an offence that does not involve serious personal
injury should be held accountable to the victim and to society through
non-custodial dispositions whenever appropriate; and
(c) that custody
shall only be imposed when all available alternatives to custody that
are reasonable in the circumstances have been considered.
Pre-disposition report
(2) Subject to subsection (3),
before making an order of committal to custody, the youth court shall
consider a pre-disposition report.
Report dispensed with
(3) The youth court may, with
the consent of the prosecutor and the young person or his counsel,
dispense with the pre-disposition report required under subsection (2)
if the youth court is satisfied, having regard to the circumstances,
that the report is unnecessary or that it would not be in the best
interests of the young person to require one.
Reasons
(4) Where the youth court makes
a disposition in respect of a young person under paragraph 20(1)(k),
the youth court shall state the reasons why any other disposition or
dispositions under subsection 20(1), without the disposition under
paragraph 20(1)(k), would not have been
adequate.
R.S., 1985, c. Y-1, s. 24; R.S., 1985, c. 24
(2nd Supp.), s. 17; 1995, c. 19, s. 15.
Definitions
24.1 (1)
In this section and sections 24.2, 24.3, 28 and 29, "open
custody"
«garde en milieu ouvert »
"open custody" means custody in
(a) a community
residential centre, group home, child care institution, or forest or
wilderness camp, or
(b) any other like
place or facility
designated by the Lieutenant Governor in Council
of a province or his delegate as a place of open custody for the
purposes of this Act, and includes a place or facility within a class
of such places or facilities so designated;
"secure custody"
«garde en milieu fermé »
"secure custody" means custody in a
place or facility designated by the Lieutenant Governor in Council of
a province for the secure containment or restraint of young persons,
and includes a place or facility within a class of such places or
facilities so designated.
Youth court to specify type of custody
(2) Subject to subsection (3),
where the youth court commits a young person to custody under
paragraph 20(1)(k) or (k.1)
or makes an order under subsection 26.1(1) or paragraph 26.6(2)(b),
it shall specify in the order whether the custody is to be open
custody or secure custody.
Provincial director to specify level of
custody
(3) In a province in which the
Lieutenant Governor in Council has designated the provincial director
to determine the level of custody, the provincial director shall,
where a young person is committed to custody under paragraph 20(1)(k)
or (k.1) or an order is made under
subsection 26.1(1) or paragraph 26.6(2)(b),
specify whether the young person shall be placed in open custody or
secure custody.
Factors
(4) In deciding whether a young
person shall be placed in open custody or secure custody, the youth
court or the provincial director shall take into account the following
factors:
(a) that a young
person should be placed in a level of custody involving the least
degree of containment and restraint, having regard to
(i) the seriousness of the offence in respect
of which the young person was committed to custody and the
circumstances in which that offence was committed,
(ii) the needs and circumstances of the young
person, including proximity to family, school, employment and support
services,
(iii) the safety of other young persons in
custody, and
(iv) the interests of society;
(b) that the level of
custody should allow for the best possible match of programs to the
young person’s needs and behaviour, having regard to the findings of
any assessment in respect of the young person;
(c) the likelihood of
escape if the young person is placed in open custody; and
(d) the
recommendations, if any, of the youth court or the provincial
director, as the case may be.
R.S., 1985, c. 24 (2nd Supp.), s. 17; 1992,
c. 11, s. 4; 1995, c. 19, s. 16.
Place of custody
24.2 (1)
Subject to this section and sections 24.3 and 24.5, a young person who
is committed to custody shall be placed in open custody or secure
custody, as specified pursuant to subsection 24.1(2) or (3), at such
place or facility as the provincial director may specify.
Warrant of committal
(2) Where a young person is
committed to custody, the youth court shall issue or cause to be
issued a warrant of committal.
Exception
(3) A young person who is
committed to custody may, in the course of being transferred from
custody to the court or from the court to custody, be held under the
supervision and control of a peace officer or in such place of
temporary detention referred to in subsection 7(1) as the provincial
director may specify.
Young person to be held separate from adults
(4) Subject to this section and
section 24.5, a young person who is committed to custody shall be held
separate and apart from any adult who is detained or held in custody.
Subsection 7(2) applies
(5) Subsection 7(2) applies,
with such modifications as the circumstances require, in respect of a
person held in a place of temporary detention pursuant to subsection
(3).
Transfer
(6) A young person who is
committed to custody may, during the period of custody, be transferred
by the provincial director from one place or facility of open custody
to another or from one place or facility of secure custody to another.
Transfer to open custody — youth court
(7) No young person who is
committed to secure custody pursuant to subsection 24.1(2) may be
transferred to a place or facility of open custody except in
accordance with sections 28 to 31.
No transfer to secure custody — youth court
(8) Subject to subsection (9),
no young person who is committed to open custody pursuant to
subsection 24.1(2) may be transferred to a place or facility of secure
custody.
Exception — transfer to secure custody —
youth court
(9) Where a young person is
placed in open custody pursuant to subsection 24.1(2), the provincial
director may transfer the young person from a place or facility of
open custody to a place or facility of secure custody for a period not
exceeding fifteen days if
(a) the young person
escapes or attempts to escape lawful custody; or
(b) the transfer is,
in the opinion of the provincial director, necessary for the safety of
the young person or the safety of others in the place or facility of
open custody.
Transfer to open custody — provincial
director
(10) The provincial director
may transfer a young person from a place or facility of secure custody
to a place or facility of open custody when the provincial director is
satisfied that the needs of the young person and the interests of
society would be better served thereby.
Transfer to secure custody — provincial
director
(11) The provincial director
may transfer a young person from a place or facility of open custody
to a place or facility of secure custody when the provincial director
is satisfied that the needs of the young person and the interests of
society would be better served thereby
(a) having considered
the factors set out in subsection 24.1(4); and
(b) having determined
that there has been a material change in circumstances since the young
person was placed in open custody.
Notice
(12) The provincial director
shall cause a notice in writing of the decision to transfer a young
person under subsection (11) to be given to the young person and the
young person’s parents and set out in that notice the reasons for
the transfer.
Where application for review is made
(13) Where an application for
review under section 28.1 of a transfer under subsection (11) is made
to a youth court,
(a) the provincial
director shall cause such notice as may be directed by rules of court
applicable to the youth court or, in the absence of such direction, at
least five clear days notice of the review to be given in writing to
the young person and the young person’s parents; and
(b) the youth court
shall forthwith, after the notice required under paragraph (a)
is given, review the transfer.
Interim custody
(14) Where an application for
review under section 28.1 of a transfer under subsection (11) is made
to a youth court, the young person shall remain in a place or facility
of secure custody until the review is heard by the youth court unless
the provincial director directs otherwise.
R.S., 1985, c. 24 (2nd Supp.), s. 17; 1995,
c. 19, s. 17.
Consecutive dispositions of custody
24.3 (1)
Where a young person is committed to open custody and secure custody
pursuant to subsection 24.1(2), any portions of which dispositions are
to be served consecutively, the disposition of secure custody shall be
served first without regard to the order in which the dispositions
were imposed.
Concurrent dispositions of custody
(2) Where a young person is
committed to open custody and secure custody pursuant to subsection
24.1(2), any portions of which dispositions are to be served
concurrently, the concurrent portions of the dispositions shall be
served in secure custody.
R.S., 1985, c. 24 (2nd Supp.), s. 17; 1995,
c. 19, s. 18.
Committal to custody deemed continuous
24.4 (1)
A young person who is committed to custody under paragraph 20(1)(k)
shall be deemed to be committed to continuous custody unless the youth
court specifies otherwise.
Availability of place of intermittent custody
(2) Before making an order of
committal to intermittent custody under paragraph 20(1)(k),
the youth court shall require the prosecutor to make available to the
court for its consideration a report of the provincial director as to
the availability of a place of custody in which an order of
intermittent custody can be enforced and, where the report discloses
that no such place of custody is available, the court shall not make
the order.
R.S., 1985, c. 24 (2nd Supp.), s. 17.
Transfer to adult facility
24.5 (1)
Where a young person is committed to custody under paragraph 20(1)(k)
or (k.1), the youth court may, on
application of the provincial director made at any time after the
young person attains the age of eighteen years, after affording the
young person an opportunity to be heard, authorize the provincial
director to direct that the young person serve the disposition or the
remaining portion thereof in a provincial correctional facility for
adults, if the court considers it to be in the best interests of the
young person or in the public interest, but in that event, the
provisions of this Act shall continue to apply in respect of that
person.
Where disposition and sentence concurrent
(2) Where a young person is
committed to custody under paragraph 20(1)(k)
or (k.1) and is concurrently under
sentence of imprisonment imposed in ordinary court, the young person
may, in the discretion of the provincial director, serve the
disposition and sentence, or any portion thereof, in a place of
custody for young persons, in a provincial correctional facility for
adults or, where the unexpired portion of the sentence is two years or
more, in a penitentiary.
R.S., 1985, c. 24 (2nd Supp.), s. 17; 1992,
c. 11, s. 5.
Transfer of disposition
25. (1)
Where a disposition has been made under paragraphs 20(1)(b)
to (g) or paragraph 20(1)(j)
or (l) in respect of a young person and
the young person or a parent with whom the young person resides is or
becomes a resident of a territorial division outside the jurisdiction
of the youth court that made the disposition, whether in the same or
in another province, a youth court judge in the territorial division
in which the disposition was made may, on the application of the
Attorney General or an agent of the Attorney General or on the
application of the young person or the young person’s parent with
the consent of the Attorney General or an agent of the Attorney
General, transfer the disposition and such portion of the record of
the case as is appropriate to a youth court in the other territorial
division, and all subsequent proceedings relating to the case shall
thereafter be carried out and enforced by that court.
No transfer outside province before appeal
completed
(2) No disposition may be
transferred from one province to another under this section until the
time for an appeal against the disposition or the finding on which the
disposition was based has expired or until all proceedings in respect
of any such appeal have been completed.
Transfer to a province where person is adult
(3) Where an application is
made under subsection (1) to transfer the disposition of a young
person to a province in which the young person is an adult, a youth
court judge may, with the consent of the Attorney General, transfer
the disposition and the record of the case to the youth court in the
province to which the transfer is sought, and the youth court to which
the case is transferred shall have full jurisdiction in respect of the
disposition as if that court had made the disposition, and the person
shall be further dealt with in accordance with this Act.
R.S., 1985, c. Y-1, s. 25; R.S., 1985, c. 24
(2nd Supp.), s. 18; 1995, c. 19, s. 19.
Interprovincial arrangements for probation or
custody
25.1 (1)
Where a disposition has been made under paragraphs 20(1)(j)
to (k.1) in respect of a young person, the
disposition in one province may be dealt with in any other province
pursuant to any agreement that may have been made between those
provinces.
Youth court retains jurisdiction
(2) Subject to subsection (3),
where a disposition made in respect of a young person is dealt with
pursuant to this section in a province other than that in which the
disposition was made, the youth court of the province in which the
disposition was made shall, for all purposes of this Act, retain
exclusive jurisdiction over the young person as if the disposition
were dealt with within that province, and any warrant or process
issued in respect of the young person may be executed or served in any
place in Canada outside the province where the disposition was made as
if it were executed or served in that province.
Waiver of jurisdiction
(3) Where a disposition made in
respect of a young person is dealt with pursuant to this section in a
province other than that in which the disposition was made, the youth
court of the province in which the disposition was made may, with the
consent in writing of the Attorney General of that province or his
delegate and the young person, waive its jurisdiction, for the purpose
of any proceeding under this Act, to the youth court of the province
in which the disposition is dealt with, in which case the youth court
in the province in which the disposition is so dealt with shall have
full jurisdiction in respect of the disposition as if that court had
made the disposition.
R.S., 1985, c. 24 (2nd Supp.), s. 19; 1992,
c. 11, s. 6; 1995, c. 19, s. 20.
Failure to comply with disposition
26. A person who is subject to a
disposition made under paragraphs 20(1)(b)
to (g) or paragraph 20(1)(j)
or (l) and who wilfully fails or refuses
to comply with that order is guilty of an offence punishable on
summary conviction.
R.S., 1985, c. Y-1, s. 26; R.S., 1985, c. 24
(2nd Supp.), s. 19.
Continuation of custody
26.1 (1)
Where a young person is held in custody pursuant to a disposition made
under paragraph 20(1)(k.1) and an
application is made to the youth court by the Attorney General, or the
Attorney General’s agent, within a reasonable time prior to the
expiration of the period of custody, the provincial director of the
province in which the young person is held in custody shall cause the
young person to be brought before the youth court and the youth court
may, after affording both parties and the parents of the young person
an opportunity to be heard and if it is satisfied that there are
reasonable grounds to believe that the young person is likely to
commit an offence causing the death of or serious harm to another
person prior to the expiration of the disposition the young person is
then serving, order that the young person remain in custody for a
period not exceeding the remainder of the disposition.
Idem
(1.1) Where the hearing for an
application under subsection (1) cannot be completed before the
expiration of the period of custody, the court may order that the
young person remain in custody pending the determination of the
application if the court is satisfied that the application was made in
a reasonable time, having regard to all the circumstances, and that
there are compelling reasons for keeping the young person in custody.
Factors
(2) For the purpose of
determining an application under subsection (1), the youth court shall
take into consideration any factor that is relevant to the case of the
young person including, without limiting the generality of the
foregoing,
(a) evidence of a
pattern of persistent violent behaviour and, in particular,
(i) the number of offences committed by the
young person that caused physical or psychological harm to any other
person,
(ii) the young person’s difficulties in
controlling violent impulses to the point of endangering the safety of
any other person,
(iii) the use of weapons in the commission of
any offence,
(iv) explicit threats of violence,
(v) behaviour of a brutal nature associated
with the commission of any offence, and
(vi) a substantial degree of indifference on
the part of the young person as to the reasonably foreseeable
consequences, to other persons, of the young person’s behaviour;
(b) psychiatric or
psychological evidence that a physical or mental illness or disorder
of the young person is of such a nature that the young person is
likely to commit, prior to the expiration of the disposition the young
person is then serving, an offence causing the death of or serious
harm to another person;
(c) reliable
information that satisfies the youth court that the young person is
planning to commit, prior to the expiration of the disposition the
young person is then serving, an offence causing the death of or
serious harm to another person; and
(d) the availability
of supervision programs in the community that would offer adequate
protection to the public from the risk that the young person might
otherwise present until the expiration of the disposition the young
person is then serving.
Youth court to order appearance of young
person
(3) Where a provincial director
fails to cause a young person to be brought before the youth court
under subsection (1), the youth court shall order the provincial
director to cause the young person to be brought before the youth
court forthwith.
Report
(4) For the purpose of
determining an application under subsection (1), the youth court shall
require the provincial director to cause to be prepared, and to submit
to the youth court, a report setting out any information of which the
provincial director is aware with respect to the factors referred to
in subsection (2) that may be of assistance to the court.
Written or oral report
(5) A report referred to in
subsection (4) shall be in writing unless it cannot reasonably be
committed to writing, in which case it may, with leave of the youth
court, be submitted orally in court.
Provisions apply
(6) Subsections 14(4) to (10)
apply, with such modifications as the circumstances require, in
respect of a report referred to in subsection (4).
Notice of hearing
(7) Where an application is
made under subsection (1) in respect of a young person, the Attorney
General or the Attorney General’s agent shall cause such notice as
may be directed by rules of court applicable to the youth court or, in
the absence of such direction, at least five clear days notice of the
hearing to be given in writing to the young person and the young
person’s parents and the provincial director.
Statement of right to counsel
(8) Any notice given to a
parent under subsection (7) shall include a statement that the young
person has the right to be represented by counsel.
Service of notice
(9) A notice under subsection
(7) may be served personally or may be sent by registered mail.
Where notice not given
(10) Where notice under
subsection (7) is not given in accordance with this section, the youth
court may
(a) adjourn the
hearing and order that the notice be given in such manner and to such
person as it directs; or
(b) dispense with the
giving of the notice where, in the opinion of the youth court, having
regard to the circumstances, the giving of the notice may be dispensed
with.
Reasons
(11) Where a youth court makes
an order under subsection (1), it shall state its reasons for the
order in the record of the case and shall
(a) provide or cause
to be provided a copy of the order, and
(b) on request,
provide or cause to be provided a transcript or copy of the reasons
for the order
to the young person in respect
of whom the order was made, the counsel and parents of the young
person, the Attorney General or the Attorney General’s agent, the
provincial director and the review board, if any has been established
or designated.
Review provisions apply
(12) Subsections 16(9) to (11)
apply, with such modifications as the circumstances require, in
respect of an order made, or the refusal to make an order, under
subsection (1).
Where application denied
(13) Where an application under
subsection (1) is denied, the court may, with the consent of the young
person, the Attorney General and the provincial director, proceed as
though the young person had been brought before the court as required
under subsection 26.2(1).
1992, c. 11, s. 7.
Conditional supervision
26.2 (1)
The provincial director of the province in which a young person is
held in custody pursuant to a disposition made under paragraph 20(1)(k.1)
or, where applicable, an order made under subsection 26.1(1), shall
cause the young person to be brought before the youth court at least
one month prior to the expiration of the period of custody and the
court shall, after affording the young person an opportunity to be
heard, by order, set the conditions of the young person’s
conditional supervision.
Conditions to be included in order
(2) In setting conditions for
the purposes of subsection (1), the youth court shall include in the
order the following conditions, namely, that the young person
(a) keep the peace
and be of good behaviour;
(b) appear before the
youth court when required by the court to do so;
(c) report to the
provincial director immediately on release, and thereafter be under
the supervision of the provincial director or a person designated by
the youth court;
(d) inform the
provincial director immediately on being arrested or questioned by the
police;
(e) report to the
police, or any named individual, as instructed by the provincial
director;
(f) advise the
provincial director of the young person’s address of residence on
release and after release report immediately to the clerk of the youth
court or the provincial director any change
(i) in that address,
(ii) in the young person’s normal
occupation, including employment, vocational or educational training
and volunteer work,
(iii) in the young person’s family or
financial situation, and
(iv) that may reasonably be expected to affect
the young person’s ability to comply with the conditions of the
order;
(g) not own, possess
or have the control of any weapon, ammunition, prohibited ammunition,
prohibited device or explosive substance, except as authorized by the
order; and
(h) comply with such
reasonable instructions as the provincial director considers necessary
in respect of any condition of the conditional supervision in order to
prevent a breach of that condition or to protect society.
Other conditions
(3) In setting conditions for
the purposes of subsection (1), the youth court may include in the
order the following conditions, namely, that the young person
(a) on release,
travel directly to the young person’s place of residence, or to such
other place as is noted in the order;
(b) make reasonable
efforts to obtain and maintain suitable employment;
(c) attend school or
such other place of learning, training or recreation as is
appropriate, if the court is satisfied that a suitable program is
available for the young person at such a place;
(d) reside with a
parent, or such other adult as the court considers appropriate, who is
willing to provide for the care and maintenance of the young person;
(e) reside in such
place as the provincial director may specify;
(f) remain within the
territorial jurisdiction of one or more courts named in the order; and
(g) comply with such
other reasonable conditions set out in the order as the court
considers desirable, including conditions for securing the good
conduct of the young person and for preventing the commission by the
young person of other offences.
Temporary conditions
(4) Where a provincial director
is required under subsection (1) to cause a young person to be brought
before the youth court but cannot do so for reasons beyond the young
person’s control, the provincial director shall so advise the youth
court and the court shall, by order, set such temporary conditions for
the young person’s conditional supervision as are appropriate in the
circumstances.
Conditions to be set at first opportunity
(5) Where an order is made
under subsection (4), the provincial director shall bring the young
person before the youth court as soon thereafter as the circumstances
permit and the court shall then set the conditions of the young
person’s conditional supervision.
Report
(6) For the purpose of setting
conditions under this section, the youth court shall require the
provincial director to cause to be prepared, and to submit to the
youth court, a report setting out any information that may be of
assistance to the court.
Provisions apply
(7) Subsections 26.1(3) and (5)
to (10) apply, with such modifications as the circumstances require,
in respect of any proceedings held pursuant to subsection (1).
Idem
(8) Subsections 16(9) to (11)
and 23(3) to (9) apply, with such modifications as the circumstances
require, in respect of an order made under subsection (1).
1992, c. 11, s. 7; 1995, c. 39, s. 180.
Suspension of conditional supervision
26.3 Where the provincial director has
reasonable grounds to believe that a young person has breached or is
about to breach a condition of an order made under subsection 26.2(1),
the provincial director may, in writing,
(a) suspend the
conditional supervision; and
(b) order that the
young person be remanded to such place of custody as the provincial
director considers appropriate until a review is conducted under
section 26.5 and, if applicable, section 26.6.
1992, c. 11, s. 7.
Apprehension
26.4 (1)
Where the conditional supervision of a young person is suspended under
section 26.3, the provincial director may issue a warrant in writing,
authorizing the apprehension of the young person and, until the young
person is apprehended, the young person is deemed not to be continuing
to serve the disposition the young person is then serving.
Warrants
(2) A warrant issued under
subsection (1) shall be executed by any peace officer to whom it is
given at any place in Canada and has the same force and effect in all
parts of Canada as if it had been originally issued or subsequently
endorsed by a provincial court judge or other lawful authority having
jurisdiction in the place where it is executed.
Peace officer may arrest
(3) Where a peace officer
believes on reasonable grounds that a warrant issued under subsection
(1) is in force in respect of a young person, the peace officer may
arrest the young person without the warrant at any place in Canada.
Requirement to bring before provincial
director
(4) Where a young person is
arrested pursuant to subsection (3) and detained, the peace officer
making the arrest shall cause the young person to be brought before
the provincial director or a person designated by the provincial
director
(a) where the
provincial director or the designated person is available within a
period of twenty-four hours after the young person is arrested,
without unreasonable delay and in any event within that period; and
(b) where the
provincial director or the designated person is not available within
the period referred to in paragraph (a),
as soon as possible.
Release or remand in custody
(5) Where a young person is
brought, pursuant to subsection (4), before the provincial director or
a person designated by the provincial director, the provincial
director or the designated person
(a) if not satisfied
that there are reasonable grounds to believe that the young person is
the young person in respect of whom the warrant referred to in
subsection (1) was issued, shall release the young person; or
(b) if satisfied that
there are reasonable grounds to believe that the young person is the
young person in respect of whom the warrant referred to in subsection
(1) was issued, may remand the young person in custody to await
execution of the warrant, but if no warrant for the young person’s
arrest is executed within a period of six days after the time the
young person is remanded in such custody, the person in whose custody
the young person then is shall release the young person.
1992, c. 11, s. 7.
Review by provincial director
26.5 Forthwith after the remand to custody
of a young person whose conditional supervision has been suspended
under section 26.3, or forthwith after being informed of the arrest of
such a young person, the provincial director shall review the case
and, within forty-eight hours, cancel the suspension of the
conditional supervision or refer the case to the youth court for a
review under section 26.6.
1992, c. 11, s. 7.
Review by youth court
26.6 (1)
Where the case of a young person is referred to the youth court under
section 26.5, the provincial director shall, as soon as is
practicable, cause the young person to be brought before the youth
court, and the youth court shall, after affording the young person an
opportunity to be heard,
(a) if the court is
not satisfied on reasonable grounds that the young person has breached
or was about to breach a condition of the conditional supervision,
cancel the suspension of the conditional supervision; or
(b) if the court is
satisfied on reasonable grounds that the young person has breached or
was about to breach a condition of the conditional supervision, review
the decision of the provincial director to suspend the conditional
supervision and make an order under subsection (2).
Order
(2) On completion of a review
under subsection (1), the youth court shall order
(a) the cancellation
of the suspension of the conditional supervision, and where the court
does so, the court may vary the conditions of the conditional
supervision or impose new conditions; or
(b) the continuation
of the suspension of the conditional supervision for such period of
time, not to exceed the remainder of the disposition the young person
is then serving, as the court considers appropriate, and where the
court does so, the court shall order that the young person remain in
custody.
Reasons
(3) Where a youth court makes
an order under subsection (2), it shall state its reasons for the
order in the record of the case and shall
(a) provide or cause
to be provided a copy of the order, and
(b) on request,
provide or cause to be provided a transcript or copy of the reasons
for the order
to the young person in respect
of whom the order was made, the counsel and parents of the young
person, the Attorney General or the Attorney General’s agent, the
provincial director and the review board, if any has been established
or designated.
Provisions apply
(4) Subsections 26.1(3) and (5)
to (10) and 26.2(6) apply, with such modifications as the
circumstances require, in respect of a review under this section.
Idem
(5) Subsections 16(9) to (11)
apply, with such modifications as the circumstances require, in
respect of an order made under subsection (2).
1992, c. 11, s. 7.
APPEALS
Appeals for indictable offences
27. (1)
An appeal lies under this Act in respect of an indictable offence or
an offence that the Attorney General or his agent elects to proceed
with as an indictable offence in accordance with Part XXI of the Criminal
Code, which Part applies with such modifications as the
circumstances require.
Appeals for summary conviction offences
(1.1) An appeal lies under this
Act in respect of an offence punishable on summary conviction or an
offence that the Attorney General or his agent elects to proceed with
as an offence punishable on summary conviction in accordance with Part
XXVII of the Criminal Code, which Part applies with such
modifications as the circumstances require.
Appeals where offences are tried jointly
(1.2) An appeal involving one
or more indictable offences and one or more summary conviction
offences that are tried jointly or in respect of which dispositions
are jointly made lies under this Act in accordance with Part XXI of
the Criminal Code, which applies with such modifications as the
circumstances require.
Deemed election
(2) For the purpose of appeals
under this Act, where no election is made in respect of an offence
that may be prosecuted by indictment or proceeded with by way of
summary conviction, the Attorney General or his agent shall be deemed
to have elected to proceed with the offence as an offence punishable
on summary conviction.
Where the youth court is a superior court
(3) In any province where the
youth court is a superior court, an appeal under subsection (1.1)
shall be made to the court of appeal of the province.
Nunavut
(3.1) Despite subsection (3),
if the Nunavut Court of Justice is acting as a youth court, an appeal
under subsection (1.1) shall be made to a judge of the Court of Appeal
of Nunavut, and an appeal of that judge’s decision shall be made to
the Court of Appeal of Nunavut in accordance with section 839 of the Criminal
Code.
Where the youth court is a county or district
court
(4) In any province where the
youth court is a county or district court, an appeal under subsection
(1.1) shall be made to the superior court of the province.
Appeal to the Supreme Court of Canada
(5) No appeal lies pursuant to
subsection (1) from a judgment of the court of appeal in respect of a
finding of guilt or an order dismissing an information to the Supreme
Court of Canada unless leave to appeal is granted by the Supreme Court
of Canada within twenty-one days after the judgment of the court of
appeal is pronounced or within such extended time as the Supreme Court
of Canada or a judge thereof may, for special reasons, allow.
No appeal from disposition on review
(6) No appeal lies from a
disposition under sections 28 to 32.
R.S., 1985, c. Y-1, s. 27; R.S., 1985, c. 24
(2nd Supp.), s. 20; 1995, c. 19, s. 21; 1999, c. 3, s. 89.
REVIEW OF DISPOSITIONS
Automatic review of disposition involving
custody
28. (1)
Where a young person is committed to custody pursuant to a disposition
made in respect of an offence for a period exceeding one year, the
provincial director of the province in which the young person is held
in custody shall cause the young person to be brought before the youth
court forthwith at the end of one year from the date of the most
recent disposition made in respect of the offence, and the youth court
shall review the disposition.
Idem
(2) Where a young person is
committed to custody pursuant to dispositions made in respect of more
than one offence for a total period exceeding one year, the provincial
director of the province in which the young person is held in custody
shall cause the young person to be brought before the youth court
forthwith at the end of one year from the date of the earliest
disposition made, and the youth court shall review the dispositions.
Optional review of disposition involving
custody
(3) Where a young person is
committed to custody pursuant to a disposition made under subsection
20(1) in respect of an offence, the provincial director may, on the
provincial director’s own initiative, and shall, on the request of
the young person, the young person’s parent or the Attorney General
or an agent of the Attorney General, on any of the grounds set out in
subsection (4), cause the young person to be brought before a youth
court
(a) where the
committal to custody is for a period not exceeding one year, once at
any time after the expiration of the greater of
(i) thirty days after the date of the
disposition made under subsection 20(1) in respect of the offence, and
(ii) one third of the period of the
disposition made under subsection 20(1) in respect of the offence, and
(b) where the
committal to custody is for a period exceeding one year, at any time
after six months after the date of the most recent disposition made in
respect of the offence,
or, with leave of a youth court
judge, at any other time, and where a youth court is satisfied that
there are grounds for the review under subsection (4), the court shall
review the disposition.
Grounds for review under subsection (3)
(4) A disposition made in
respect of a young person may be reviewed under subsection (3)
(a) on the ground
that the young person has made sufficient progress to justify a change
in disposition;
(b) on the ground
that the circumstances that led to the committal to custody have
changed materially;
(c) on the ground
that new services or programs are available that were not available at
the time of the disposition;
(c.1) on the ground
that the opportunities for rehabilitation are now greater in the
community; or
(d) on such other
grounds as the youth court considers appropriate.
No review where appeal pending
(5) No review of a disposition
in respect of which an appeal has been taken shall be made under this
section until all proceedings in respect of any such appeal have been
completed.
Youth court may order appearance of young
person for review
(6) Where a provincial director
is required under subsections (1) to (3) to cause a young person to be
brought before the youth court and fails to do so, the youth court
may, on application made by the young person, his parent or the
Attorney General or his agent, or on its own motion, order the
provincial director to cause the young person to be brought before the
youth court.
Progress report
(7) The youth court shall,
before reviewing under this section a disposition made in respect of a
young person, require the provincial director to cause to be prepared,
and to submit to the youth court, a progress report on the performance
of the young person since the disposition took effect.
Additional information in progress report
(8) A person preparing a
progress report in respect of a young person may include in the report
such information relating to the personal and family history and
present environment of the young person as he considers advisable.
Written or oral report
(9) A progress report shall be
in writing unless it cannot reasonably be committed to writing, in
which case it may, with leave of the youth court, be submitted orally
in court.
Provisions of subsections 14(4) to (10) to
apply
(10) The provisions of
subsections 14(4) to (10) apply, with such modifications as the
circumstances require, in respect of progress reports.
Notice of review from provincial director
(11) Where a disposition made
in respect of a young person is to be reviewed under subsection (1) or
(2), the provincial director shall cause such notice as may be
directed by rules of court applicable to the youth court or, in the
absence of such direction, at least five clear days notice of the
review to be given in writing to the young person, his parents and the
Attorney General or his agent.
Notice of review from person requesting it
(12) Where a review of a
disposition made in respect of a young person is requested under
subsection (3), the person requesting the review shall cause such
notice as may be directed by rules of court applicable to the youth
court or, in the absence of such direction, at least five clear days
notice of the review to be given in writing to the young person, his
parents and the Attorney General or his agent.
Statement of right to counsel
(13) Any notice given to a
parent under subsection (11) or (12) shall include a statement that
the young person whose disposition is to be reviewed has the right to
be represented by counsel.
Service of notice
(14) A notice under subsection
(11) or (12) may be served personally or may be sent by registered
mail.
Notice may be waived
(15) Any of the persons
entitled to notice under subsection (11) or (12) may waive the right
to that notice.
Where notice not given
(16) Where notice under
subsection (11) or (12) is not given in accordance with this section,
the youth court may
(a) adjourn the
proceedings and order that the notice be given in such manner and to
such person as it directs; or
(b) dispense with the
notice where, in the opinion of the court, having regard to the
circumstances, notice may be dispensed with.
Decision of the youth court after review
(17) Where a youth court
reviews under this section a disposition made in respect of a young
person, it may, after affording the young person, his parent, the
Attorney General or his agent and the provincial director an
opportunity to be heard, having regard to the needs of the young
person and the interests of society,
(a) confirm the
disposition;
(b) where the young
person is in secure custody pursuant to subsection 24.1(2), by order
direct that the young person be placed in open custody; or
(c) release the young
person from custody and place the young person
(i) on probation in accordance with section 23
for a period not exceeding the remainder of the period for which the
young person was committed to custody, or
(ii) under conditional supervision in
accordance with the procedure set out in section 26.2, with such
modifications as the circumstances require, for a period not exceeding
the remainder of the disposition the young person is then serving.
(18) [Repealed, R.S., 1985, c. 24 (2nd Supp.),
s. 21]
R.S., 1985, c. Y-1, s. 28; R.S., 1985, c. 24
(2nd Supp.), s. 21; 1992, c. 11, s. 8; 1995, c. 19, s. 22.
Application to court for review of level of
custody
28.1 (1)
Where a young person is placed in secure custody pursuant to
subsection 24.1(3) or transferred to secure custody pursuant to
subsection 24.2(11), the youth court shall review the level of custody
if an application therefor is made by the young person or the young
person’s parent.
Report
(2) The youth court shall,
before conducting a review under this section, require the provincial
director to cause to be prepared, and to submit to the youth court, a
report setting out the reasons for the placement or transfer.
Provisions apply
(3) The provisions of
subsections 14(4) to (10) apply, with such modifications as the
circumstances require, in respect of the report referred to in
subsection (2), and the provisions of subsections 28(11) to (16)
apply, with such modifications as the circumstances require, to every
review under this section.
Decision of the youth court
(4) Where the youth court
conducts a review under this section, it may, after affording the
young person, the young person’s parents and the provincial director
an opportunity to be heard, confirm or alter the level of custody,
having regard to the needs of the young person and the interests of
society.
Decision is final
(5) A decision of the youth
court on a review under this section in respect of any particular
placement or transfer is, subject to any subsequent order made
pursuant to a review under section 28 or 29, final.
1995, c. 19, s. 23.
Recommendation of provincial director for
transfer to open custody or for probation
29. (1)
Where a young person is held in custody pursuant to a disposition, the
provincial director may, if he is satisfied that the needs of the
young person and the interests of society would be better served
thereby, cause notice in writing to be given to the young person, his
parent and the Attorney General or his agent that he recommends that
the young person
(a) be transferred
from a place or facility of secure custody to a place or facility of
open custody, where the young person is held in a place or facility of
secure custody pursuant to subsection 24.1(2), or
(b) be released from
custody and placed on probation or, where the young person is in
custody pursuant to a disposition made under paragraph 20(1)(k.1),
placed under conditional supervision,
and give a copy of the notice to
the youth court.
Contents of notice
(1.1) The provincial director
shall include in any notice given under subsection (1) the reasons for
the recommendation and
(a) in the case of a
recommendation that the young person be placed on probation, the
conditions that the provincial director would recommend be attached to
a probation order; and
(b) in the case of a
recommendation that the young person be placed under conditional
supervision, the conditions that the provincial director would
recommend be set pursuant to section 26.2.
Application to court for review of
recommendation
(2) Where notice of a
recommendation is made under subsection (1) with respect to a
disposition made in respect of a young person, the youth court shall,
if an application for review is made by the young person, his parent
or the Attorney General or his agent within ten days after service of
the notice, forthwith review the disposition.
Subsections 28(5), (7) to (10) and (12) to
(17) apply
(3) Subject to subsection (4),
subsections 28(5), (7) to (10) and (12) to (17) apply, with such
modifications as the circumstances require, in respect of reviews made
under this section and any notice required under subsection 28(12)
shall be given to the provincial director.
Where no application for review made under
subsection (2)
(4) A youth court that receives
a notice under subsection (1) shall, if no application for a review is
made under subsection (2),
(a) in the case of a
recommendation that a young person be transferred from a place or
facility of secure custody to a place or facility of open custody,
order that the young person be so transferred,
(b) in the case of a
recommendation that a young person be released from custody and placed
on probation, release the young person and place him on probation in
accordance with section 23,
(b.1) in the case of
a recommendation that a young person be released from custody and
placed under conditional supervision, release the young person and
place the young person under conditional supervision in accordance
with section 26.2, having regard to the recommendations of the
provincial director, or
(c) where the court
deems it advisable, make no direction under this subsection
and, for greater certainty, an
order or direction under this subsection may be made without a
hearing.
Conditions in probation order
(4.1) Where the youth court
places a young person on probation pursuant to paragraph (4)(b),
the court shall include in the probation order such conditions
referred to in section 23 as it considers advisable, having regard to
the recommendations of the provincial director.
Notice where no direction made
(4.2) Where a youth court,
pursuant to paragraph (4)(c), makes no
direction under subsection (4), it shall forthwith cause a notice of
its decision to be given to the provincial director.
Provincial director may request review
(4.3) Where the provincial
director is given a notice under subsection (4.2), he may request a
review under this section.
Where the provincial director requests a
review
(5) Where the provincial
director requests a review pursuant to subsection (4.3),
(a) the provincial
director shall cause such notice as may be directed by rules of court
applicable to the youth court or, in the absence of such direction, at
least five clear days notice of the review to be given in writing to
the young person, his parents and the Attorney General or his agent;
and
(b) the youth court
shall forthwith, after the notice required under paragraph (a)
is given, review the disposition.
(6) [Repealed, R.S., 1985, c. 24 (2nd Supp.),
s. 22]
R.S., 1985, c. Y-1, s. 29; R.S., 1985, c. 24
(2nd Supp.), s. 22, c. 1 (4th Supp.), s. 40; 1992, c. 11, s. 9; 1995,
c. 19, s. 24.
Review board
30. (1)
Where a review board is established or designated by a province for
the purposes of this section, that board shall, subject to this
section, carry out in that province the duties and functions of a
youth court under sections 28 and 29, other than releasing a young
person from custody and placing the young person on probation or under
conditional supervision.
Other duties of review board
(2) Subject to this Act, a
review board may carry out any duties or functions that are assigned
to it by the province that established or designated it.
Notice under section 29
(3) Where a review board is
established or designated by a province for the purposes of this
section, the provincial director shall at the same time as any notice
is given under subsection 29(1) cause a copy of the notice to be given
to the review board.
Notice of decision of review board
(4) A review board shall cause
notice of any decision made by it in respect of a young person
pursuant to section 28 or 29 to be given forthwith in writing to the
young person, his parents, the Attorney General or his agent and the
provincial director, and a copy of the notice to be given to the youth
court.
Decision of review board to take effect where
no review
(5) Subject to subsection (6),
any decision of a review board under this section shall take effect
ten days after the decision is made unless an application for review
is made under section 31.
Decision respecting release from custody and
probation
(6) Where a review board
decides that a young person should be released from custody and placed
on probation, it shall so recommend to the youth court and, if no
application for a review of the decision is made under section 31, the
youth court shall forthwith on the expiration of the ten day period
referred to in subsection (5) release the young person from custody
and place him on probation in accordance with section 23, and shall
include in the probation order such conditions referred to in that
section as the court considers advisable having regard to the
recommendations of the review board.
Decision respecting release from custody and
conditional supervision
(7) Where a review board
decides that a young person should be released from custody and placed
under conditional supervision, it shall so recommend to the youth
court and, if no application for a review of the decision is made
under section 31, the youth court shall forthwith, on the expiration
of the ten day period referred to in subsection (5), release the young
person from custody and place the young person under conditional
supervision in accordance with section 26.2, and shall include in the
order under that section such conditions as the court considers
advisable, having regard to the recommendations of the review board.
R.S., 1985, c. Y-1, s. 30; R.S., 1985, c. 24
(2nd Supp.), s. 23; 1992, c. 11, s. 10.
Review by youth court
31. (1)
Where the review board reviews a disposition under section 30, the
youth court shall, on the application of the young person in respect
of whom the review was made, his parents, the Attorney General or his
agent or the provincial director, made within ten days after the
decision of the review board is made, forthwith review the decision.
Subsections 28(5), (7) to (10) and (12) to
(17) apply
(2) Subsections 28(5), (7) to
(10) and (12) to (17) apply, with such modifications as the
circumstances require, in respect of reviews made under this section
and any notice required under subsection 28(12) shall be given to the
provincial director.
R.S., 1985, c. Y-1, s. 31; R.S., 1985, c. 1
(4th Supp.), s. 41.
Review of other dispositions
32. (1)
Where a youth court has made a disposition in respect of a young
person, other than a disposition under paragraph 20(1)(k)
or (k.1) or section 20.1, the youth court
shall, on the application of the young person, the young person’s
parents, the Attorney General or the Attorney General’s agent or the
provincial director, made at any time after six months from the date
of the disposition or, with leave of a youth court judge, at any
earlier time, review the disposition if the court is satisfied that
there are grounds for a review under subsection (2).
Grounds for review
(2) A review of a disposition
may be made under this section
(a) on the ground
that the circumstances that led to the disposition have changed
materially;
(b) on the ground
that the young person in respect of whom the review is to be made is
unable to comply with or is experiencing serious difficulty in
complying with the terms of the disposition;
(c) on the ground
that the terms of the disposition are adversely affecting the
opportunities available to the young person to obtain services,
education or employment; or
(d) on such other
grounds as the youth court considers appropriate.
Progress report
(3) The youth court may, before
reviewing under this section a disposition made in respect of a young
person, require the provincial director to cause to be prepared, and
to submit to the youth court, a progress report on the performance of
the young person since the disposition took effect.
Subsections 28(8) to (10) apply
(4) Subsections 28(8) to (10)
apply, with such modifications as the circumstances require, in
respect of any progress report required under subsection (3).
Subsections 28(5) and (12) to (16) apply
(5) Subsections 28(5) and (12)
to (16) apply, with such modifications as the circumstances require,
in respect of reviews made under this section and any notice required
under subsection 28(12) shall be given to the provincial director.
Compelling appearance of young person
(6) The youth court may, by
summons or warrant, compel a young person in respect of whom a review
is to be made under this section to appear before the youth court for
the purposes of the review.
Decision of the youth court after review
(7) Where a youth court reviews
under this section a disposition made in respect of a young person, it
may, after affording the young person, his parent, the Attorney
General or his agent and the provincial director an opportunity to be
heard,
(a) confirm the
disposition;
(b) terminate the
disposition and discharge the young person from any further obligation
of the disposition; or
(c) vary the
disposition or make such new disposition listed in section 20, other
than a committal to custody, for such period of time, not exceeding
the remainder of the period of the earlier disposition, as the court
deems appropriate in the circumstances of the case.
New disposition not to be more onerous
(8) Subject to subsection (9),
where a disposition made in respect of a young person is reviewed
under this section, no disposition made under subsection (7) shall,
without the consent of the young person, be more onerous than the
remaining portion of the disposition reviewed.
Exception
(9) A youth court may under
this section extend the time within which a disposition made under
paragraphs 20(1)(b) to (g)
is to be complied with by a young person where the court is satisfied
that the young person requires more time to comply with the
disposition, but in no case shall the extension be for a period of
time that expires more than twelve months after the date the
disposition would otherwise have expired.
(10) and (11) [Repealed, R.S., 1985, c. 24 (2nd
Supp.), s. 24]
R.S., 1985, c. Y-1, s. 32; R.S., 1985, c. 24
(2nd Supp.), s. 24; 1992, c. 11, s. 11; 1995, c. 39, s. 181.
Review of order made under s. 20.1
33. (1)
A youth court or other court may, on application, review an order made
under section 20.1 at any time after the circumstances set out in
subsection 45(1) are realized in respect of any record in relation to
the offence that resulted in the order being made.
Grounds
(2) In conducting a review
under this section, the youth court or other court shall take into
account
(a) the nature and
circumstances of the offence in respect of which the order was made;
and
(b) the safety of the
young person and of other persons.
Decision of review
(3) Where a youth court or
other court conducts a review under this section, it may, after
affording the young person, one of the young person’s parents, the
Attorney General or an agent of the Attorney General and the
provincial director an opportunity to be heard,
(a) confirm the
order;
(b) revoke the order;
or
(c) vary the order as
it considers appropriate in the circumstances of the case.
New order not to be more onerous
(4) No variation of an order
made under paragraph (3)(c) may be more
onerous than the order being reviewed.
Application of provisions
(5) Subsections 32(3) to (5)
apply, with such modifications as the circumstances require, in
respect of a review under this section.
R.S., 1985, c. Y-1, s. 33; R.S., 1985, c. 24
(2nd Supp.), s. 25; 1995, c. 39, s. 182.
Sections 20 to 26 apply to dispositions on
review
34. (1)
Subject to sections 28 to 32, subsections 20(2) to (8) and sections 21
to 25.1 apply, with such modifications as the circumstances require,
in respect of dispositions made under sections 28 to 32.
Orders are dispositions
(2) Orders under subsections
26.1(1) and 26.2(1) and paragraph 26.6(2)(b)
are deemed to be dispositions for the purposes of section 28.
R.S., 1985, c. Y-1, s. 34; R.S., 1985, c. 24
(2nd Supp.), s. 25; 1992, c. 11, s. 12.
TEMPORARY RELEASE FROM CUSTODY
Temporary absence or day release
35. (1)
The provincial director of a province may, subject to any terms or
conditions that he considers desirable, authorize a young person
committed to custody in the province pursuant to a disposition made
under this Act
(a) to be temporarily
released for a period not exceeding fifteen days where, in his
opinion, it is necessary or desirable that the young person be absent,
with or without escort, for medical, compassionate or humanitarian
reasons or for the purpose of rehabilitating the young person or
re-integrating him into the community; or
(b) to be released
from custody on such days and during such hours as he specifies in
order that the young person may
(i) attend school or any other educational or
training institution,
(ii) obtain or continue employment or perform
domestic or other duties required by the young person’s family,
(iii) participate in a program specified by
him that, in his opinion, will enable the young person to better carry
out his employment or improve his education or training, or
(iv) attend an out-patient treatment program
or other program that provides services that are suitable to
addressing the young person’s needs.
Limitation
(2) A young person who is
released from custody pursuant to subsection (1) shall be released
only for such periods of time as are necessary to attain the purpose
for which the young person is released.
Revocation of authorization for release
(3) The provincial director of
a province may, at any time, revoke an authorization made under
subsection (1).
Arrest and return to custody
(4) Where the provincial
director revokes an authorization for a young person to be released
from custody under subsection (3) or where a young person fails to
comply with any term or condition of release from custody under this
section, the young person may be arrested without warrant and returned
to custody.
Prohibition
(5) A young person who has been
committed to custody under this Act shall not be released from custody
before the expiration of the period of his custody except in
accordance with subsection (1) unless the release is ordered under
sections 28 to 31 or otherwise according to law by a court of
competent jurisdiction.
R.S., 1985, c. Y-1, s. 35; R.S., 1985, c. 24
(2nd Supp.), s. 26, c. 1 (4th Supp.), s. 42; 1995, c. 19, s. 25.
EFFECT OF TERMINATION OF DISPOSITION
Effect of absolute discharge or termination of
dispositions
36. (1)
Subject to section 12 of the Canada Evidence Act, where a young
person is found guilty of an offence, and
(a) a youth court
directs under paragraph 20(1)(a) that the
young person be discharged absolutely, or
(b) all the
dispositions made under subsection 20(1) in respect of the offence,
and all terms of those dispositions, have ceased to have effect,
the young person shall be deemed
not to have been found guilty or convicted of the offence except that
(c) the young person
may plead autrefois convict in respect of
any subsequent charge relating to the offence,
(d) a youth court may
consider the finding of guilt in considering an application for a
transfer to ordinary court under section 16,
(e) any court or
justice may consider the finding of guilt in considering an
application for judicial interim release or in considering what
dispositions to make or sentence to impose for any offence, and
(f) the National
Parole Board or any provincial parole board may consider the finding
of guilt in considering an application for parole or pardon.
Disqualifications removed
(2) For greater certainty and
without restricting the generality of subsection (1), an absolute
discharge under paragraph 20(1)(a) or the
termination of all dispositions in respect of an offence for which a
young person is found guilty removes any disqualification in respect
of the offence to which the young person is subject pursuant to any
Act of Parliament by reason of a conviction.
Applications for employment
(3) No application form for or
relating to
(a) employment in any
department, as defined in section 2 of the Financial Administration
Act,
(b) employment by any
Crown corporation, as defined in section 83 of the Financial
Administration Act,
(c) enrolment in the
Canadian Forces, or
(d) employment on or
in connection with the operation of any work, undertaking or business
that is within the legislative authority of Parliament,
shall contain any question that
by its terms requires the applicant to disclose that the applicant has
been charged with or found guilty of an offence in respect of which
the applicant has, under this Act, been discharged absolutely or has
completed all the dispositions made under subsection 20(1).
Punishment
(4) Any person who uses or
authorizes the use of an application form in contravention of
subsection (3) is guilty of an offence punishable on summary
conviction.
Finding of guilt not a previous conviction
(5) A finding of guilt under
this Act is not a previous conviction for the purposes of any offence
under any Act of Parliament for which a greater punishment is
prescribed by reason of previous convictions.
R.S., 1985, c. Y-1, s. 36; R.S., 1985, c. 24
(2nd Supp.), s. 27; 1995, c. 19, s. 26, c. 39, ss. 183, 189.
YOUTH WORKERS
Duties of youth worker
37. The duties and functions of a youth
worker in respect of a young person whose case has been assigned to
him by the provincial director include
(a) where the young
person is bound by a probation order that requires him to be under
supervision, supervising the young person in complying with the
conditions of the probation order or in carrying out any other
disposition made together with it;
(a.1) where the young
person is placed under conditional supervision pursuant to an order
made under section 26.2, supervising the young person in complying
with the conditions of the order;
(b) where the young
person is found guilty of any offence, giving such assistance to him
as he considers appropriate up to the time the young person is
discharged or the disposition of his case terminates;
(c) attending court
when he considers it advisable or when required by the youth court to
be present;
(d) preparing, at the
request of the provincial director, a pre-disposition report or a
progress report; and
(e) performing such
other duties and functions as the provincial director requires.
R.S., 1985, c. Y-1, s. 37; R.S., 1985, c. 24
(2nd Supp.), s. 28; 1992, c. 11, s. 13.
PROTECTION OF PRIVACY OF YOUNG PERSONS
Identity not to be published
38. (1)
Subject to this section, no person shall publish by any means any
report
(a) of an offence
committed or alleged to have been committed by a young person, unless
an order has been made under section 16 with respect thereto, or
(b) of any hearing,
adjudication, disposition or appeal concerning a young person who
committed or is alleged to have committed an offence
in which the name of the young
person, a child or a young person who is a victim of the offence or a
child or a young person who appeared as a witness in connection with
the offence, or in which any information serving to identify such
young person or child, is disclosed.
Limitation
(1.1) Subsection (1) does not
apply in respect of the disclosure of information in the course of the
administration of justice including, for greater certainty, the
disclosure of information for the purposes of the Firearms Act
and Part III of the Criminal Code, where it is not the purpose
of the disclosure to make the information known in the community.
Preparation of reports
(1.11) Subsection (1) does not
apply in respect of the disclosure of information by the provincial
director or a youth worker where the disclosure is necessary for
procuring information that relates to the preparation of any report
required by this Act.
No subsequent disclosure
(1.12) No person to whom
information is disclosed pursuant to subsection (1.11) shall disclose
that information to any other person unless the disclosure is
necessary for the purpose of preparing the report for which the
information was disclosed.
Schools and others
(1.13) Subsection (1) does not
apply in respect of the disclosure of information to any professional
or other person engaged in the supervision or care of a young person,
including the representative of any school board or school or any
other educational or training institution, by the provincial director,
a youth worker, a peace officer or any other person engaged in the
provision of services to young persons where the disclosure is
necessary
(a) to ensure
compliance by the young person with an authorization pursuant to
section 35 or an order of any court concerning bail, probation or
conditional supervision; or
(b) to ensure the
safety of staff, students or other persons, as the case may be.
No subsequent disclosure
(1.14) No person to whom
information is disclosed pursuant to subsection (1.13) shall disclose
that information to any other person unless the disclosure is
necessary for a purpose referred to in that subsection.
Information to be kept separate
(1.15) Any person to whom
information is disclosed pursuant to subsections (1.13) and (1.14)
shall
(a) keep the
information separate from any other record of the young person to whom
the information relates;
(b) subject to
subsection (1.14), ensure that no other person has access to the
information; and
(c) destroy the
information when the information is no longer required for the purpose
for which it was disclosed.
Ex parte
application for leave to publish
(1.2) A youth court judge
shall, on the ex parte application of a
peace officer, make an order permitting any person to publish a report
described in subsection (1) that contains the name of a young person,
or information serving to identify a young person, who has committed
or is alleged to have committed an indictable offence, if the judge is
satisfied that
(a) there is reason
to believe that the young person is dangerous to others; and
(b) publication of
the report is necessary to assist in apprehending the young person.
Order ceases to have effect
(1.3) An order made under
subsection (1.2) shall cease to have effect two days after it is made.
Application for leave to publish
(1.4) The youth court may, on
the application of any person referred to in subsection (1), make an
order permitting any person to publish a report in which the name of
that person, or information serving to identify that person, would be
disclosed, if the court is satisfied that the publication of the
report would not be contrary to the best interests of that person.
Disclosure with court order
(1.5) The youth court may, on
the application of the provincial director, the Attorney General or an
agent of the Attorney General or a peace officer, make an order
permitting the applicant to disclose to such person or persons as are
specified by the court such information about a young person as is
specified if the court is satisfied that the disclosure is necessary,
having regard to the following:
(a) the young person
has been found guilty of an offence involving serious personal injury;
(b) the young person
poses a risk of serious harm to persons; and
(c) the disclosure of
the information is relevant to the avoidance of that risk.
Opportunity to be heard
(1.6) Subject to subsection
(1.7), before making an order under subsection (1.5), the youth court
shall afford the young person, the young person’s parents, the
Attorney General or an agent of the Attorney General an opportunity to
be heard.
Ex parte
application
(1.7) An application under
subsection (1.5) may be made ex parte by
the Attorney General or an agent of the Attorney General where the
youth court is satisfied that reasonable efforts have been made to
locate the young person and that those efforts have not been
successful.
Time limit
(1.8) No information may be
disclosed pursuant to subsection (1.5) after the record to which the
information relates ceases to be available for inspection under
subsection 45(1).
Contravention
(2) Every one who contravenes
subsection (1), (1.12), (1.14) or (1.15)
(a) is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
two years; or
(b) is guilty of an
offence punishable on summary conviction.
Provincial court judge has absolute
jurisdiction on indictment
(3) Where an accused is charged
with an offence under paragraph (2)(a), a
provincial court judge has absolute jurisdiction to try the case and
his jurisdiction does not depend on the consent of the accused.
R.S., 1985, c. Y-1, s. 38; R.S., 1985, c. 24
(2nd Supp.), s. 29; 1995, c. 19, s. 27, c. 39, s. 184.
Exclusion from hearing
39. (1)
Subject to subsection (2), where a court or justice before whom
proceedings are carried out under this Act is of the opinion
(a) that any evidence
or information presented to the court or justice would be seriously
injurious or seriously prejudicial to
(i) the young person who is being dealt with
in the proceedings,
(ii) a child or young person who is a witness
in the proceedings, or
(iii) a child or young person who is aggrieved
by or the victim of the offence charged in the proceedings, or
(b) that it would be
in the interest of public morals, the maintenance of order or the
proper administration of justice to exclude any or all members of the
public from the court room,
the court or justice may exclude
any person from all or part of the proceedings if the court or justice
deems that person’s presence to be unnecessary to the conduct of the
proceedings.
Exception
(2) Subject to section 650 of
the Criminal Code and except where it is necessary for the
purposes of subsection 13(6) of this Act, a court or justice may not,
pursuant to subsection (1), exclude from proceedings under this Act
(a) the prosecutor;
(b) the young person
who is being dealt with in the proceedings, his parent, his counsel or
any adult assisting him pursuant to subsection 11(7);
(c) the provincial
director or his agent; or
(d) the youth worker
to whom the young person’s case has been assigned.
Exclusion after adjudication or during review
(3) The youth court, after it
has found a young person guilty of an offence, or the youth court or
the review board, during a review of a disposition under sections 28
to 32, may, in its discretion, exclude from the court or from a
hearing of the review board, as the case may be, any person other than
(a) the young person
or his counsel,
(b) the provincial
director or his agent,
(c) the youth worker
to whom the young person’s case has been assigned, and
(d) the Attorney
General or his agent,
when any information is being
presented to the court or the review board the knowledge of which
might, in the opinion of the court or review board, be seriously
injurious or seriously prejudicial to the young person.
Exception
(4) The exception set out in
paragraph (3)(a) is subject to subsection
13(6) of this Act and section 650 of the Criminal Code.
R.S., 1985, c. Y-1, s. 39; R.S., 1985, c. 24
(2nd Supp.), s. 30.
MAINTENANCE AND USE OF RECORDS
Records that may be Kept
Youth court, review board and other courts
40. (1)
A youth court, review board or any court dealing with matters arising
out of proceedings under this Act may keep a record of any case
arising under this Act that comes before it.
Exception
(2) For greater certainty, this
section does not apply in respect of proceedings held in ordinary
court pursuant to an order under section 16.
Records of offences that result in order under
s. 20.1
(3) Notwithstanding anything in
this Act, where a young person is found guilty of an offence that
results in an order under section 20.1 being made against the young
person, the youth court may keep a record of the conviction and the
order until the expiration of the order.
Disclosure
(4) Any record that is kept
under subsection (3) may be disclosed only to establish the existence
of the order in any offence involving a breach of the order.
R.S., 1985, c. Y-1, s. 40; R.S., 1985, c. 24
(2nd Supp.), s. 31; 1995, c. 39, s. 185.
Records in central repository
41. (1)
A record of any offence that a young person has been charged with
having committed may, where the offence is an offence in respect of
which an adult may be subjected to any measurement, process or
operation referred to in the Identification of Criminals Act,
be kept in such central repository as the Commissioner of the Royal
Canadian Mounted Police may, from time to time, designate for the
purpose of keeping criminal history files or records on offenders or
keeping records for the identification of offenders.
Police force may provide record
(2) Where a young person is
charged with having committed an offence referred to in subsection
(1), the police force responsible for the investigation of the offence
may provide a record of the offence, including the original or a copy
of any fingerprints, palmprints or photographs and any other
measurement, process or operation referred to in the Identification
of Criminals Act taken of, or applied in respect of, the young
person by or on behalf of the police force, for inclusion in any
central repository designated pursuant to subsection (1).
Police force shall provide record
(3) Where a young person is
found guilty of an offence referred to in subsection (1), the police
force responsible for the investigation of the offence shall provide a
record of the offence, including the original or a copy of any
fingerprints, palmprints or photographs and any other measurement,
process or operation referred to in the Identification of Criminals
Act taken of, or applied in respect of, the young person by or on
behalf of the police force, for inclusion in any central repository
designated pursuant to subsection (1).
R.S., 1985, c. Y-1, s. 41; R.S., 1985, c. 24
(2nd Supp.), s. 31; 1995, c. 19, s. 28.
Police records
42. A record relating to any offence
alleged to have been committed by a young person, including the
original or a copy of any fingerprints or photographs of the young
person, may be kept by any police force responsible for, or
participating in, the investigation of the offence.
R.S., 1985, c. Y-1, s. 42; R.S., 1985, c. 24
(2nd Supp.), s. 31.
Government records
43. (1)
A department or an agency of any government in Canada may keep records
containing information obtained by the department or agency
(a) for the purposes
of an investigation of an offence alleged to have been committed by a
young person;
(b) for use in
proceedings against a young person under this Act;
(c) for the purpose
of administering a disposition;
(d) for the purpose
of considering whether, instead of commencing or continuing judicial
proceedings under this Act against a young person, to use alternative
measures to deal with the young person; or
(e) as a result of
the use of alternative measures to deal with a young person.
Private records
(2) Any person or organization
may keep records containing information obtained by the person or
organization
(a) as a result of
the use of alternative measures to deal with a young person alleged to
have committed an offence; or
(b) for the purpose
of administering or participating in the administration of a
disposition.
(3) and (4) [Repealed, R.S., 1985, c. 24 (2nd
Supp.), s. 32]
R.S., 1985, c. Y-1, s. 43; R.S., 1985, c. 24
(2nd Supp.), s. 32.
Fingerprints and Photographs
Identification of Criminals Act applies
44. (1)
Subject to this section, the Identification of Criminals Act
applies in respect of young persons.
Limitation
(2) No fingerprints, palmprints
or photographs or any other measurement, process or operation referred
to in the Identification of Criminals Act shall be taken of, or
applied in respect of, a young person who is charged with having
committed an offence except in the circumstances in which an adult
may, under that Act, be subjected to the measurements, processes and
operations referred to in that Act.
(3) to (5) [Repealed, R.S., 1985, c. 24 (2nd
Supp.), s. 33]
R.S., 1985, c. Y-1, s. 44; R.S., 1985, c. 24
(2nd Supp.), s. 33; 1995, c. 19, s. 29.
Disclosure of Records
Records made available
44.1 (1)
Subject to subsections (2) and (2.1), any record that is kept pursuant
to section 40 shall, and any record that is kept pursuant to sections
41 to 43 may, on request, be made available for inspection to
(a) the young person
to whom the record relates;
(b) counsel acting on
behalf of the young person, or any representative of that counsel;
(c) the Attorney
General or his agent;
(d) a parent of the
young person or any adult assisting the young person pursuant to
subsection 11(7), during the course of any proceedings relating to the
offence or alleged offence to which the record relates or during the
term of any disposition made in respect of the offence;
(e) any judge, court
or review board, for any purpose relating to proceedings relating to
the young person under this Act or to proceedings in ordinary court in
respect of offences committed or alleged to have been committed by the
young person, whether as a young person or an adult;
(f) any peace
officer,
(i) for the purpose of investigating any
offence that the young person is suspected on reasonable grounds of
having committed, or in respect of which the young person has been
arrested or charged, whether as a young person or an adult,
(ii) for any purpose related to the
administration of the case to which the record relates during the
course of proceedings against the young person or the term of any
disposition,
(iii) for the purpose of investigating any
offence that another person is suspected on reasonable grounds of
having committed against the young person while the young person is,
or was, serving a disposition, or
(iv) for any other law enforcement purpose;
(g) any member of a
department or agency of a government in Canada, or any agent thereof,
that is
(i) engaged in the administration of
alternative measures in respect of the young person,
(ii) preparing a report in respect of the
young person pursuant to this Act or for the purpose of assisting a
court in sentencing the young person after he becomes an adult or is
transferred to ordinary court pursuant to section 16,
(iii) engaged in the supervision or care of
the young person, whether as a young person or an adult, or in the
administration of a disposition or a sentence in respect of the young
person, whether as a young person or an adult, or
(iv) considering an application for parole or
pardon made by the young person after he becomes an adult;
(h) any person, or
person within a class of persons, designated by the Governor in
Council, or the Lieutenant Governor in Council of a province, for a
purpose and to the extent specified by the Governor in Council or the
Lieutenant Governor in Council, as the case may be;
(i) any person, for
the purpose of determining whether to grant security clearances
required by the Government of Canada or the government of a province
or a municipality for purposes of employment or the performance of
services;
(i.1) to any person
for the purposes of the Firearms Act;
(j) any employee or
agent of the Government of Canada, for statistical purposes pursuant
to the Statistics Act; and
(k) any other person
who is deemed, or any person within a class of persons that is deemed,
by a youth court judge to have a valid interest in the record, to the
extent directed by the judge, if the judge is satisfied that the
disclosure is
(i) desirable in the public interest for
research or statistical purposes, or
(ii) desirable in the interest of the proper
administration of justice.
Exception
(2) Where a youth court has
withheld the whole or a part of a report from any person pursuant to
subsection 13(6) or 14(7), the report or part thereof shall not be
made available to that person for inspection under subsection (1).
Records of forensic DNA analysis of bodily
substances
(2.1) Notwithstanding
subsections (1) and (5), any record that is kept pursuant to any of
sections 40 to 43 and that is a record of the results of forensic DNA
analysis of a bodily substance taken from a young person in execution
of a warrant issued under section 487.05 of the Criminal Code
may be made available for inspection under this section only under
paragraph (1)(a), (b),
(c), (d), (e),
(f), (h) or
subparagraph (1)(k)(ii).
Introduction into evidence
(3) Nothing in paragraph (1)(e)
authorizes the introduction into evidence of any part of a record that
would not otherwise be admissible in evidence.
Disclosures for research or statistical
purposes
(4) Where a record is made
available for inspection to any person under paragraph (1)(j)
or subparagraph (1)(k)(i), that person may
subsequently disclose information contained in the record, but may not
disclose the information in any form that would reasonably be expected
to identify the young person to whom it relates.
Record made available to victim
(5) Any record that is kept
pursuant to sections 40 to 43 may, on request, be made available for
inspection to the victim of the offence to which the record relates.
Disclosure of information and copies of
records
(6) Any person to whom a record
is required or authorized to be made available for inspection under
this section may be given any information contained in the record and
may be given a copy of any part of the record.
R.S., 1985, c. 24 (2nd Supp.), s. 34; 1992,
c. 1, s. 143(E); 1995, c. 19, s. 30, c. 27, s. 2, c. 39, s. 186.
Disclosure by peace officer during
investigation
44.2 (1)
A peace officer may disclose to any person any information in a record
kept pursuant to section 42 that it is necessary to disclose in the
conduct of the investigation of an offence.
Disclosure to insurance company
(2) A peace officer may
disclose to an insurance company information in any record that is
kept pursuant to section 42 for the purpose of investigating any claim
arising out of an offence committed or alleged to have been committed
by the young person to whom the record relates.
R.S., 1985, c. 24 (2nd Supp.), s. 34.
Non-Disclosure and Destruction of Records
Non-disclosure
45. (1)
Subject to sections 45.01, 45.1 and 45.2, records kept pursuant to
sections 40 to 43 may not be made available for inspection under
section 44.1 or 44.2 in the following circumstances:
(a) where the young
person to whom the record relates is charged with the offence to which
the record relates and is acquitted otherwise than by reason of a
verdict of not criminally responsible on account of mental disorder,
on the expiration of two months after the expiration of the time
allowed for the taking of an appeal or, where an appeal is taken, on
the expiration of three months after all proceedings in respect of the
appeal have been completed;
(b) where the charge
against the young person is dismissed for any reason other than
acquittal or withdrawn, on the expiration of one year after the
dismissal or withdrawal;
(c) where the charge
against the young person is stayed, with no proceedings being taken
against the young person for a period of one year, on the expiration
of the one year;
(d) where alternative
measures are used to deal with the young person, on the expiration of
two years after the young person consents to participate in the
alternative measures in accordance with paragraph 4(1)(c);
(d.1) where the young
person is found guilty of the offence and the disposition is an
absolute discharge, on the expiration of one year after the young
person is found guilty;
(d.2) where the young
person is found guilty of the offence and the disposition is a
conditional discharge, on the expiration of three years after the
young person is found guilty;
(e) subject to
paragraph (g), where the young person is
found guilty of the offence and it is a summary conviction offence, on
the expiration of three years after all dispositions made in respect
of that offence;
(f) subject to
paragraph (g), where the young person is
found guilty of the offence and it is an indictable offence, on the
expiration of five years after all dispositions made in respect of
that offence; and
(g) where, before the
expiration of the period referred to in paragraph (e)
or (f), the young person is, as a young
person, found guilty of
(i) a subsequent summary conviction offence,
on the expiration of three years after all dispositions made in
respect of that offence have been completed, and
(ii) a subsequent indictable offence, five
years after all dispositions made in respect of that offence have been
completed.
Destruction of record
(2) Subject to subsections
(2.1) and (2.2), when the circumstances set out in subsection (1) are
realized in respect of any record kept pursuant to section 41, the
record shall be destroyed forthwith.
Transfer of records relating to serious
offences
(2.1) Where a special records
repository has been established pursuant to subsection 45.02(1), all
records in the central repository referred to in subsection 41(1) that
relate to
(a) a conviction for
first degree murder or second degree murder within the meaning of
section 231 of the Criminal Code,
(b) an offence
referred to in the schedule, or
(c) an order made
under section 20.1,
shall, when the circumstances
set out in subsection (1) are realized in respect of the records, be
transferred to that special records repository.
Transfer of fingerprints
(2.2) Where a special
fingerprints repository has been established pursuant to subsection
45.03(1), all fingerprints and any information necessary to identify
the person to whom the fingerprints belong that are in the central
repository referred to in subsection 41(1) shall, when the
circumstances set out in subsection (1) are realized in respect of the
records, be transferred to that special fingerprints repository.
Meaning of “destroy”
(2.3) For the purposes of
subsection (2), “destroy”, in respect of a record, means
(a) to shred, burn or
otherwise physically destroy the record, in the case of a record other
than a record in electronic form; and
(b) to delete, write
over or otherwise render the record inaccessible, in the case of a
record in electronic form.
Other records may be destroyed
(3) Any record kept pursuant to
sections 40 to 43 may, in the discretion of the person or body keeping
the record, be destroyed at any time before or after the circumstances
set out in subsection (1) are realized in respect of that record.
Young person deemed not to have committed
offence
(4) A young person shall be
deemed not to have committed any offence to which a record kept
pursuant to sections 40 to 43 relates when the circumstances set out
in paragraph (1)(d), (e)
or (f) are realized in respect of that
record.
Deemed election
(5) For the purposes of
paragraphs (1)(e) and (f),
where no election is made in respect of an offence that may be
prosecuted by indictment or proceeded with by way of summary
conviction, the Attorney General or his agent shall be deemed to have
elected to proceed with the offence as an offence punishable on
summary conviction.
Orders made under s. 20.1 not included
(5.1) For the purposes of this
Act, orders made under section 20.1 shall not be taken into account in
determining any time period referred to in subsection (1).
Application to delinquency
(6) This section applies, with
such modifications as the circumstances require, in respect of records
relating to the offence of delinquency under the Juvenile
Delinquents Act, chapter J-3 of the Revised Statutes of Canada,
1970, as it read immediately prior to April 2, 1984.
R.S., 1985, c. Y-1, s. 45; R.S., 1985, c. 24
(2nd Supp.), s. 35; 1991, c. 43, s. 34; 1995, c. 19, s. 31, c. 39, ss.
187, 189.
Retention of Records
Retention of records
45.01 Where, before the expiration of the
period referred to in paragraph 45(1)(e)
or (f) or subparagraph 45(1)(g)(i)
or (ii), the young person is found guilty of a subsequent offence as
an adult, records kept pursuant to sections 40 to 43 shall be
available for inspection under section 44.1 or 44.2 and the provisions
applicable to criminal records of adults shall apply.
1995, c. 19, s. 32.
Special Records Repository
Special records repository
45.02 (1)
The Commissioner of the Royal Canadian Mounted Police may establish a
special records repository for records transferred pursuant to
subsection 45(2.1).
Records relating to murder
(2) A record that relates to a
conviction for the offence of first degree murder or second degree
murder within the meaning of section 231 of the Criminal Code
or an offence referred to in any of paragraphs 16(1.01)(b)
to (d) may be kept indefinitely in the
special records repository.
Records relating to other serious offences
(3) A record that relates to a
conviction for an offence referred to in the schedule shall be kept in
the special records repository for a period of five years and shall be
destroyed forthwith at the expiration of that five year period, unless
the young person to whom the record relates is subsequently found
guilty of any offence referred to in the schedule, in which case the
record shall be dealt with as the record of an adult.
Disclosure
(4) A record kept in the
special records repository shall be made available for inspection to
the following persons at the following times or in the following
circumstances:
(a) at any time, to
the young person to whom the record relates and to counsel acting on
behalf of the young person, or any representative of that counsel;
(b) where the young
person has subsequently been charged with the commission of first
degree murder or second degree murder within the meaning of section
231 of the Criminal Code or an offence referred to in the
schedule, to any peace officer for the purpose of investigating any
offence that the young person is suspected of having committed, or in
respect of which the young person has been arrested or charged,
whether as a young person or as an adult;
(c) where the young
person has subsequently been convicted of an offence referred to in
the schedule,
(i) to the Attorney General or an agent of the
Attorney General,
(ii) to a parent of the young person or any
adult assisting the young person,
(iii) to any judge, court or review board, for
any purpose relating to proceedings relating to the young person under
this Act or to proceedings in ordinary court in respect of offences
committed or alleged to have been committed by the young person,
whether as a young person or as an adult, or
(iv) to any member of a department or agency
of a government in Canada, or any agent thereof, that is
(A) engaged in the administration of alternative
measures in respect of the young person,
(B) preparing a report in respect of the young
person pursuant to this Act or for the purpose of assisting a court in
sentencing the young person after the young person becomes an adult or
is transferred to ordinary court pursuant to section 16,
(C) engaged in the supervision or care of the young
person, whether as a young person or as an adult, or in the
administration of a disposition or a sentence in respect of the young
person, whether as a young person or as an adult, or
(D) considering an application for parole or pardon
made by the young person after the young person becomes an adult;
(c.1) to establish
the existence of the order in any offence involving a breach of the
order;
(c.2) for the
purposes of the Firearms Act;
(d) at any time, to
any employee or agent of the Government of Canada, for statistical
purposes pursuant to the Statistics Act; or
(e) at any time, to
any other person who is deemed, or any person within a class of
persons that is deemed, by a youth court judge to have a valid
interest in the record, to the extent directed by the judge, if the
judge is satisfied that the disclosure is desirable in the public
interest for research or statistical purposes.
1995, c. 19, s. 32, c. 39, s. 189.
Special Fingerprints Repository
Special fingerprints repository
45.03 (1)
The Commissioner of the Royal Canadian Mounted Police may establish a
special fingerprints repository for fingerprints and any related
information transferred pursuant to subsection 45(2.2).
Disclosure for identification purposes
(2) Fingerprints and any
related information may be kept in the special fingerprints repository
for a period of five years following the date of their receipt and,
during that time, the name, date of birth and last known address of
the young person to whom the fingerprints belong may be disclosed for
identification purposes if a fingerprint identified as that of the
young person is found during the investigation of a crime or during an
attempt to identify a deceased person or a person suffering from
amnesia.
Destruction
(3) Fingerprints and any
related information in the special fingerprints repository shall be
destroyed five years after the date of their receipt in the
repository.
Records of orders made under s. 20.1
(3.1) A record that relates to
an order made under section 20.1 shall be kept in the special records
repository until the expiration of the order and shall be destroyed
forthwith at that time.
1995, c. 19, s. 32, c. 39, s. 189.
Disclosure in Special Circumstances
Where records may be made available
45.1 (1)
Subject to subsection (1.1), a youth court judge may, on application
by any person, order that any record to which subsection 45(1)
applies, or any part thereof, be made available for inspection to that
person or a copy of the record or part thereof be given to that
person, if a youth court judge is satisfied that
(a) that person has a
valid and substantial interest in the record or part thereof;
(b) it is necessary
for the record, part thereof or copy thereof to be made available in
the interest of the proper administration of justice; and
(c) disclosure of the
record or part thereof or information is not prohibited under any
other Act of Parliament or the legislature of a province.
Records
(1.1) Subsection (1) applies in
respect of any record relating to a particular young person or to any
record relating to a class of young persons where the identity of
young persons in the class at the time of the making of the
application referred to in that subsection cannot reasonably be
ascertained and the disclosure of the record is necessary for the
purpose of investigating any offence that a person is suspected on
reasonable grounds of having committed against a young person while
the young person is, or was, serving a disposition.
Notice
(2) Subject to subsection
(2.1), an application under subsection (1) in respect of a record
shall not be heard unless the person who makes the application has
given the young person to whom the record relates and the person or
body that has possession of the record at least five days notice in
writing of the application and the young person and the person or body
that has possession has had a reasonable opportunity to be heard.
Where notice not required
(2.1) A youth court judge may
waive the requirement in subsection (2) to give notice to a young
person where the youth court is of the opinion that
(a) to insist on the
giving of the notice would frustrate the application; or
(b) reasonable
efforts have not been successful in finding the young person.
Use of record
(3) In any order under
subsection (1), the youth court judge shall set out the purposes for
which the record may be used.
R.S., 1985, c. 24 (2nd Supp.), s. 35; 1995,
c. 19, s. 34.
Records in the custody, etc., of archivists
45.2 Where records originally kept
pursuant to section 40, 42 or 43 are under the custody or control of
the National Archivist of Canada or the archivist for any province,
that person may disclose any information contained in the records to
any other person if
(a) the Attorney
General or his agent is satisfied that the disclosure is desirable in
the public interest for research or statistical purposes; and
(b) the person to
whom the information is disclosed undertakes not to disclose the
information in any form that could reasonably be expected to identify
the young person to whom it relates.
R.S., 1985, c. 24 (2nd Supp.), s. 35, c. 1
(3rd Supp.), s. 12.
Offence
Prohibition against disclosure
46. (1)
Except as authorized or required by this Act, no record kept pursuant
to sections 40 to 43 may be made available for inspection, and no
copy, print or negative thereof or information contained therein may
be given, to any person where to do so would serve to identify the
young person to whom it relates as a young person dealt with under
this Act.
Exception for employees
(2) No person who is employed
in keeping or maintaining records referred to in subsection (1) is
restricted from doing anything prohibited under subsection (1) with
respect to any other person so employed.
Prohibition against use
(3) Subject to section 45.1, no
record kept pursuant to sections 40 to 43, and no copy, print or
negative thereof, may be used for any purpose that would serve to
identify the young person to whom the record relates as a young person
dealt with under this Act after the circumstances set out in
subsection 45(1) are realized in respect of that record.
Offence
(4) Any person who fails to
comply with this section or subsection 45(2)
(a) is guilty of an
indictable offence and liable to imprisonment for a term not exceeding
two years; or
(b) is guilty of an
offence punishable on summary conviction.
Absolute jurisdiction of provincial court
judge
(5) The jurisdiction of a
provincial court judge to try an accused is absolute and does not
depend on the consent of the accused where the accused is charged with
an offence under paragraph (4)(a).
R.S., 1985, c. Y-1, s. 46; R.S., 1985, c. 24
(2nd Supp.), s. 36.
CONTEMPT OF COURT
Contempt against youth court
47. (1)
Every youth court has the same power, jurisdiction and authority to
deal with and impose punishment for contempt against the court as may
be exercised by the superior court of criminal jurisdiction of the
province in which the court is situated.
Exclusive jurisdiction of youth court
(2) The youth court has
exclusive jurisdiction in respect of every contempt of court committed
by a young person against the youth court whether or not committed in
the face of the court and every contempt of court committed by a young
person against any other court otherwise than in the face of that
court.
Concurrent jurisdiction of youth court
(3) The youth court has
jurisdiction in respect of every contempt of court committed by a
young person against any other court in the face of that court and
every contempt of court committed by an adult against the youth court
in the face of the youth court, but nothing in this subsection affects
the power, jurisdiction or authority of any other court to deal with
or impose punishment for contempt of court.
Dispositions
(4) Where a youth court or any
other court finds a young person guilty of contempt of court, it may
make any one of the dispositions set out in section 20, or any number
thereof that are not inconsistent with each other, but no other
disposition or sentence.
Section 708 of Criminal Code applies in
respect of adults
(5) Section 708 of the Criminal
Code applies in respect of proceedings under this section in youth
court against adults, with such modifications as the circumstances
require.
Appeals
(6) A finding of guilt under
this section for contempt of court or a disposition or sentence made
in respect thereof may be appealed as if the finding were a conviction
or the disposition or sentence were a sentence in a prosecution by
indictment in ordinary court.
1980-81-82-83, c. 110, s. 47.
FORFEITURE OF RECOGNIZANCES
Applications for forfeiture of recognizances
48. Applications for the forfeiture of
recognizances of young persons shall be made to the youth court.
1980-81-82-83, c. 110, s. 48.
Proceedings in case of default
49. (1)
Where a recognizance binding a young person has been endorsed with a
certificate pursuant to subsection 770(1) of the Criminal Code,
a youth court judge shall,
(a) on the request of
the Attorney General or his agent, fix a time and place for the
hearing of an application for the forfeiture of the recognizance; and
(b) after fixing a
time and place for the hearing, cause to be sent by registered mail,
not less than ten days before the time so fixed, to each principal and
surety named in the recognizance, directed to him at his latest known
address, a notice requiring him to appear at the time and place fixed
by the judge to show cause why the recognizance should not be
forfeited.
Order for forfeiture of recognizance
(2) Where subsection (1) is
complied with, the youth court judge may, after giving the parties an
opportunity to be heard, in his discretion grant or refuse the
application and make any order with respect to the forfeiture of the
recognizance that he considers proper.
Judgment debtors of the Crown
(3) Where, pursuant to
subsection (2), a youth court judge orders forfeiture of a
recognizance, the principal and his sureties become judgment debtors
of the Crown, each in the amount that the judge orders him to pay.
Order may be filed
(4) An order made under
subsection (2) may be filed with the clerk of the superior court or,
in the province of Quebec, the prothonotary and, where an order is
filed, the clerk or the prothonotary shall issue a writ of fieri
facias in Form 34 set out in the Criminal Code and
deliver it to the sheriff of each of the territorial divisions in
which any of the principal and his sureties resides, carries on
business or has property.
Where a deposit has been made
(5) Where a deposit has been
made by a person against whom an order for forfeiture of a
recognizance has been made, no writ of fieri
facias shall issue, but the amount of the deposit shall be
transferred by the person who has custody of it to the person who is
entitled by law to receive it.
Subsections 770(2) and (4) of Criminal Code
do not apply
(6) Subsections 770(2) and (4)
of the Criminal Code do not apply in respect of proceedings
under this Act.
Sections 772 and 773 of Criminal Code
apply
(7) Sections 772 and 773 of the
Criminal Code apply in respect of writs of fieri
facias issued pursuant to this section as if they were issued
pursuant to section 771 of the Criminal Code.
1980-81-82-83, c. 110, s. 49.
INTERFERENCE WITH DISPOSITIONS
Inducing a young person, etc.
50. (1)
Every one who
(a) induces or
assists a young person to leave unlawfully a place of custody or other
place in which the young person has been placed pursuant to a
disposition,
(b) unlawfully
removes a young person from a place referred to in paragraph (a),
(c) knowingly
harbours or conceals a young person who has unlawfully left a place
referred to in paragraph (a),
(d) wilfully induces
or assists a young person to breach or disobey a term or condition of
a disposition, or
(e) wilfully prevents
or interferes with the performance by a young person of a term or
condition of a disposition
is guilty of an indictable
offence and liable to imprisonment for a term not exceeding two years
or is guilty of an offence punishable on summary conviction.
Absolute jurisdiction of provincial court
judge
(2) The jurisdiction of a
provincial court judge to try an adult accused of an indictable
offence under this section is absolute and does not depend on the
consent of the accused.
R.S., 1985, c. Y-1, s. 50; R.S., 1985, c. 24
(2nd Supp.), ss. 37, 44(F).
APPLICATION OF THE CRIMINAL CODE
Application of Criminal Code
51. Except to the extent that they are
inconsistent with or excluded by this Act, all the provisions of the Criminal
Code apply, with such modifications as the circumstances require,
in respect of offences alleged to have been committed by young
persons.
R.S., 1985, c. Y-1, s. 51; R.S., 1985, c. 24
(2nd Supp.), s. 44(F).
PROCEDURE
Part XXVII and summary conviction trial
provisions of Criminal Code to apply
52. (1)
Subject to this section and except to the extent that they are
inconsistent with this Act,
(a) the provisions of
Part XXVII of the Criminal Code, and
(b) any other
provisions of the Criminal Code that apply in respect of
summary conviction offences and relate to trial proceedings
apply to proceedings under this
Act
(c) in respect of a
summary conviction offence, and
(d) in respect of an
indictable offence as if it were defined in the enactment creating it
as a summary conviction offence.
Indictable offences
(2) For greater certainty and
notwithstanding subsection (1) or any other provision of this Act, an
indictable offence committed by a young person is, for the purposes of
this Act or any other Act, an indictable offence.
Attendance of young person
(3) Section 650 of the Criminal
Code applies in respect of proceedings under this Act, whether the
proceedings relate to an indictable offence or an offence punishable
on summary conviction.
Limitation period
(4) In proceedings under this
Act, subsection 786(2) of the Criminal Code does not apply in
respect of an indictable offence.
Costs
(5) Section 809 of the Criminal
Code does not apply in respect of proceedings under this Act.
1980-81-82-83, c. 110, s. 52.
Counts charged in information
53. Indictable offences and offences
punishable on summary conviction may under this Act be charged in the
same information and tried jointly.
1980-81-82-83, c. 110, s. 53.
Issue of subpoena
54. (1)
Where a person is required to attend to give evidence before a youth
court, the subpoena directed to that person may be issued by a youth
court judge, whether or not the person whose attendance is required is
within the same province as the youth court.
Service of subpoena
(2) A subpoena issued by a
youth court and directed to a person who is not within the same
province as the youth court shall be served personally on the person
to whom it is directed.
1980-81-82-83, c. 110, s. 54.
Warrant
55. A warrant that is issued out of a
youth court may be executed anywhere in Canada.
1980-81-82-83, c. 110, s. 55.
EVIDENCE
General law on admissibility of statements to
apply
56. (1)
Subject to this section, the law relating to the admissibility of
statements made by persons accused of committing offences applies in
respect of young persons.
When statements are admissible
(2) No oral or written
statement given by a young person to a peace officer or to any other
person who is, in law, a person in authority on the arrest or
detention of the young person or in circumstances where the peace
officer or other person has reasonable grounds for believing that the
young person has committed an offence is admissible against the young
person unless
(a) the statement was
voluntary;
(b) the person to
whom the statement was given has, before the statement was made,
clearly explained to the young person, in language appropriate to his
age and understanding, that
(i) the young person is under no obligation to
give a statement,
(ii) any statement given by him may be used as
evidence in proceedings against him,
(iii) the young person has the right to
consult counsel and a parent or other person in accordance with
paragraph (c), and
(iv) any statement made by the young person is
required to be made in the presence of counsel and any other person
consulted in accordance with paragraph (c),
if any, unless the young person desires otherwise;
(c) the young person
has, before the statement was made, been given a reasonable
opportunity to consult
(i) with counsel, and
(ii) a parent, or in the absence of a parent,
an adult relative, or in the absence of a parent and an adult
relative, any other appropriate adult chosen by the young person; and
(d) where the young
person consults any person pursuant to paragraph (c),
the young person has been given a reasonable opportunity to make the
statement in the presence of that person.
Exception in certain cases for oral statements
(3) The requirements set out in
paragraphs (2)(b), (c)
and (d) do not apply in respect of oral
statements where they are made spontaneously by the young person to a
peace officer or other person in authority before that person has had
a reasonable opportunity to comply with those requirements.
Waiver of right to consult
(4) A young person may waive
the rights under paragraph (2)(c) or (d)
but any such waiver shall be videotaped or be in writing, and where it
is in writing it shall contain a statement signed by the young person
that the young person has been apprised of the right being waived.
Statements given under duress are inadmissible
(5) A youth court judge may
rule inadmissible in any proceedings under this Act a statement given
by the young person in respect of whom the proceedings are taken if
the young person satisfies the judge that the statement was given
under duress imposed by any person who is not, in law, a person in
authority.
Misrepresentation of age
(5.1) A youth court judge may
in any proceedings under this Act rule admissible any statement or
waiver by a young person where, at the time of the making of the
statement or waiver,
(a) the young person
held himself or herself to be eighteen years of age or older;
(b) the person to
whom the statement or waiver was made conducted reasonable inquiries
as to the age of the young person and had reasonable grounds for
believing that the young person was eighteen years of age or older;
and
(c) in all other
circumstances the statement or waiver would otherwise be admissible.
Parent, etc., not a person in authority
(6) For the purpose of this
section, an adult consulted pursuant to paragraph 56(2)(c)
shall, in the absence of evidence to the contrary, be deemed not to be
a person in authority.
R.S., 1985, c. Y-1, s. 56; R.S., 1985, c. 24
(2nd Supp.), s. 38; 1995, c. 19, s. 35.
Testimony of a parent
57. (1)
In any proceedings under this Act, the testimony of a parent as to the
age of a person of whom he is a parent is admissible as evidence of
the age of that person.
Evidence of age by certificate or record
(2) In any proceedings under
this Act,
(a) a birth or
baptismal certificate or a copy thereof purporting to be certified
under the hand of the person in whose custody those records are held
is evidence of the age of the person named in the certificate or copy;
and
(b) an entry or
record of an incorporated society that has had the control or care of
the person alleged to have committed the offence in respect of which
the proceedings are taken at or about the time the person came to
Canada is evidence of the age of that person, if the entry or record
was made before the time when the offence is alleged to have been
committed.
Other evidence
(3) In the absence, before the
youth court, of any certificate, copy, entry or record mentioned in
subsection (2), or in corroboration of any such certificate, copy,
entry or record, the youth court may receive and act on any other
information relating to age that it considers reliable.
When age may be inferred
(4) In any proceedings under
this Act, the youth court may draw inferences as to the age of a
person from the person’s appearance or from statements made by the
person in direct examination or cross-examination.
1980-81-82-83, c. 110, s. 57.
Admissions
58. (1)
A party to any proceedings under this Act may admit any relevant fact
or matter for the purpose of dispensing with proof thereof, including
any fact or matter the admissibility of which depends on a ruling of
law or of mixed law and fact.
Other party may adduce evidence
(2) Nothing in this section
precludes a party to a proceeding from adducing evidence to prove a
fact or matter admitted by another party.
1980-81-82-83, c. 110, s. 58.
Material evidence
59. Any evidence material to proceedings
under this Act that would not but for this section be admissible in
evidence may, with the consent of the parties to the proceedings and
where the young person is represented by counsel, be given in such
proceedings.
1980-81-82-83, c. 110, s. 59.
Evidence of a child or young person
60. In any proceedings under this Act
where the evidence of a child or a young person is taken, it shall be
taken only after the youth court judge or the justice, as the case may
be, has
(a) in all cases, if
the witness is a child, and
(b) where he deems it
necessary, if the witness is a young person,
instructed the child or young
person as to the duty of the witness to speak the truth and the
consequences of failing to do so.
R.S., 1985, c. Y-1, s. 60; R.S., 1985, c. 24
(2nd Supp.), s. 39.
61. [Repealed, R.S., 1985, c. 24 (2nd
Supp.), s. 40]
Proof of service
62. (1)
For the purposes of this Act, service of any document may be proved by
oral evidence given under oath by, or by the affidavit or statutory
declaration of, the person claiming to have personally served it or
sent it by mail.
Proof of signature and official character
unnecessary
(2) Where proof of service of
any document is offered by affidavit or statutory declaration, it is
not necessary to prove the signature or official character of the
person making or taking the affidavit or declaration, if the official
character of that person appears on the face thereof.
1980-81-82-83, c. 110, s. 62.
Seal not required
63. It is not necessary to the validity of
any information, summons, warrant, minute, disposition, conviction,
order or other process or document laid, issued, filed or entered in
any proceedings under this Act that any seal be attached or affixed
thereto.
1980-81-82-83, c. 110, s. 63.
SUBSTITUTION OF JUDGES
Powers of substitute youth court judge
64. (1)
A youth court judge who acts in the place of another youth court judge
pursuant to subsection 669.2(1) of the Criminal Code shall,
(a) if an
adjudication has been made, proceed with the disposition of the case
or make the order that, in the circumstances, is authorized by law; or
(b) if no
adjudication has been made, recommence the trial as if no evidence had
been taken.
Transcript of evidence already given
(2) Where a youth court judge
recommences a trial under paragraph (1)(b),
he may, if the parties consent, admit into evidence a transcript of
any evidence already given in the case.
R.S., 1985, c. Y-1, s. 64; R.S., 1985, c. 27
(1st Supp.), s. 187.
FUNCTIONS OF CLERKS OF COURTS
Powers of clerks
65. In addition to any powers conferred on
a clerk of a court by the Criminal Code, a clerk of the youth
court may exercise such powers as are ordinarily exercised by a clerk
of a court, and, in particular, may
(a) administer oaths
or solemn affirmations in all matters relating to the business of the
youth court; and
(b) in the absence of
a youth court judge, exercise all the powers of a youth court judge
relating to adjournment.
1980-81-82-83, c. 110, s. 65.
FORMS, REGULATIONS AND RULES OF COURT
Forms
66. (1)
The forms prescribed under section 67, varied to suit the case, or
forms to the like effect, are valid and sufficient in the
circumstances for which they are provided.
Where forms not prescribed
(2) In any case for which forms
are not prescribed under section 67, the forms set out in Part XXVIII
of the Criminal Code, with such modifications as the
circumstances require, or other appropriate forms, may be used.
R.S., 1985, c. Y-1, s. 66; R.S., 1985, c. 1
(4th Supp.), s. 43.
Regulations
67. The Governor in Council may make
regulations
(a) prescribing forms
that may be used for the purposes of this Act;
(b) establishing
uniform rules of court for youth courts across Canada, including rules
regulating the practice and procedure to be followed by youth courts;
and
(c) generally for
carrying out the purposes and provisions of this Act.
R.S., 1985, c. Y-1, s. 67; R.S., 1985, c. 24
(2nd Supp.), s. 41.
Youth court may make rules
68. (1)
Every youth court for a province may, at any time with the concurrence
of a majority of the judges thereof present at a meeting held for the
purpose and subject to the approval of the Lieutenant Governor in
Council, establish rules of court not inconsistent with this Act or
any other Act of Parliament or with any regulations made pursuant to
section 67 regulating proceedings within the jurisdiction of the youth
court.
Rules of court
(2) Rules under subsection (1)
may be made
(a) generally to
regulate the duties of the officers of the youth court and any other
matter considered expedient to attain the ends of justice and carry
into effect the provisions of this Act;
(b) subject to any
regulations made under paragraph 67(b), to
regulate the practice and procedure in the youth court; and
(c) to prescribe
forms to be used in the youth court where not otherwise provided for
by or pursuant to this Act.
Publication of rules
(3) Rules of court that are
made under the authority of this section shall be published in the
appropriate provincial gazette.
1980-81-82-83, c. 110, s. 68.
YOUTH JUSTICE COMMITTEES
Youth justice committees
69. The Attorney General of a province or
such other Minister as the Lieutenant Governor in Council of the
province may designate, or a delegate thereof, may establish one or
more committees of citizens, to be known as youth justice committees,
to assist without remuneration in any aspect of the administration of
this Act or in any programs or services for young offenders and may
specify the method of appointment of committee members and the
functions of the committees.
1980-81-82-83, c. 110, s. 69.
AGREEMENTS WITH PROVINCES
Agreements with provinces
70. Any minister of the Crown may, with
the approval of the Governor in Council, enter into an agreement with
the government of any province providing for payments by Canada to the
province in respect of costs incurred by the province or a
municipality for care of and services provided to young persons dealt
with under this Act.
R.S., 1985, c. Y-1, s. 70; R.S., 1985, c. 24
(2nd Supp.), s. 42.
SCHEDULE
(Subsections 45(2.1) and 45.02(3) and (4))
1.
An offence under any of the following provisions of the Criminal
Code:
(a)
paragraph 81(2)(a) (causing injury with
intent);
(b)
subsection 85(1) (using firearm in commission of offence);
(c)
section 151 (sexual interference);
(d)
section 152 (invitation to sexual touching);
(e)
section 153 (sexual exploitation);
(f)
section 155 (incest);
(g)
section 159 (anal intercourse);
(h)
section 170 (parent or guardian procuring sexual activity by child);
(i)
subsection 212(2) (living off the avails of prostitution by a child);
(j)
subsection 212(4) (obtaining sexual services of a child);
(k)
section 236 (manslaughter);
(l)
section 239 (attempt to commit murder);
(m)
section 267 (assault with a weapon or causing bodily harm);
(n)
section 268 (aggravated assault);
(o)
section 269 (unlawfully causing bodily harm);
(p)
section 271 (sexual assault);
(q)
section 272 (sexual assault with a weapon, threats to a third party or
causing bodily harm);
(r)
section 273 (aggravated sexual assault);
(s)
section 279 (kidnapping);
(t)
section 344 (robbery);
(u)
section 433 (arson — disregard for human life);
(v)
section 434.1 (arson — own property);
(w)
section 436 (arson by negligence); and
(x)
paragraph 465(1)(a) (conspiracy to commit
murder).
2.
An offence under any of the following provisions of the Criminal
Code, as they read immediately before July 1, 1990:
(a)
section 433 (arson);
(b)
section 434 (setting fire to other substance); and
(c)
section 436 (setting fire by negligence).
3.
An offence under any of the following provisions of the Criminal
Code, chapter C-34 of the Revised Statutes of Canada, 1970, as
they read immediately before January 4, 1983:
(a)
section 144 (rape);
(b)
section 145 (attempt to commit rape);
(c)
section 149 (indecent assault on female);
(d)
section 156 (indecent assault on male); and
(e)
section 246 (assault with intent).
4.
An offence under any of the following provisions of the Controlled
Drugs and Substances Act:
(a)
section 5 (trafficking);
(b)
section 6 (importing and exporting); and
(c)
section 7 (production of substance).
R.S., 1985, c. Y-1, Sch.; R.S., 1985, c. 24
(2nd Supp.), s. 43; 1995, c. 19, s. 36, c. 39, s. 189; 1996, c. 19, s.
93.1.