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Youth Criminal Justice Act (S.C. 2002, c. 1)

Assented to 2002-02-19

Marginal note:1998, c. 37, s. 24

 The first paragraph of Form 5.03 of the Act, as enacted by section 24 of the DNA Identification Act, is replaced by the following:

Whereas (name of offender) has been convicted, discharged under section 730 of the Criminal Code or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of (offence), an offence that is a primary designated offence within the meaning of section 487.04 of the Criminal Code;

Marginal note:1998, c. 37, s. 24

 The portion of the first paragraph of Form 5.04 of the Act before paragraph (a), as enacted by section 24 of the DNA Identification Act, is replaced by the following:

Whereas (name of offender), in this order called the “offender”, has been convicted, discharged under section 730 of the Criminal Code or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of (offence), an offence that is

1998, c. 37DNA Identification Act

 The definition “young person” in section 2 of the DNA Identification Act is replaced by the following:

“young person”

« adolescent »

“young person” has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act.

  •  (1) The portion of paragraph 9(2)(c) of the Act before subparagraph (i) is replaced by the following:

    • (c) in the case of information in relation to a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of any of the following offences, the expiry of ten years after the sentence or all dispositions made in respect of the offence have been completed, namely,

  • (2) Paragraphs 9(2)(d) and (e) of the Act are replaced by the following:

    • (d) in the case of information in relation to a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence, other than an offence referred to in any of subparagraphs (c)(i) to (iii) and sections 235 (first degree murder or second degree murder), 236 (manslaughter), 239 (attempt to commit murder) and 273 (aggravated sexual assault) of the Criminal Code, the expiry of five years after the sentence or all dispositions made in respect of the offence have been completed; and

    • (e) in the case of information in relation to a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence that is a summary conviction offence, the expiry of three years after the sentence or all dispositions made in respect of the offence have been completed.

  •  (1) The portion of paragraph 10(7)(c) of the Act before subparagraph (i) is replaced by the following:

    • (c) if the person is a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of any of the following offences, after the expiry of ten years after the sentence or all dispositions made in respect of the offence have been completed, namely,

  • (2) Paragraphs 10(7)(d) and (e) of the Act are replaced by the following:

    • (d) if the person is a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence, other than an offence referred to in any of subparagraphs (c)(i) to (iii) and sections 235 (first degree murder or second degree murder), 236 (manslaughter), 239 (attempt to commit murder) and 273 (aggravated sexual assault) of the Criminal Code, after the expiry of five years after the sentence or all dispositions made in respect of the offence have been completed; and

    • (e) if the person is a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence that is a summary conviction offence, after the expiry of three years after the sentence or all dispositions made in respect of the offence have been completed.

1999, c. 18Extradition Act

 Paragraph 47(c) of the Extradition Act is replaced by the following:

  • (c) the person was less than eighteen years old at the time of the offence and the law that applies to them in the territory over which the extradition partner has jurisdiction is not consistent with the fundamental principles governing the Youth Criminal Justice Act;

 Paragraphs 77(a) and (b) of the Act are replaced by the following:

  • (a) in respect of a prosecution or imposition of a sentence — or of a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985 — the Attorney General, or the Attorney General of a province who is responsible for the prosecution of the case; and

  • (b) in respect of the enforcement of a sentence or a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

    • (i) the Solicitor General of Canada, if the person would serve the sentence in a penitentiary, or

    • (ii) the appropriate provincial minister responsible for corrections, in any other case.

 

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