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

Assented to 2002-02-19

169. Subsection 17(2) of the Act is replaced by the following:

  • Marginal note:Jurisdiction of adult courts over young persons

    (2) Notwithstanding the Youth Criminal Justice Act, a contraventions court or a justice of the peace has jurisdiction, to the exclusion of that of the youth justice court, in respect of any contravention alleged to have been committed by a young person in, or otherwise within the territorial jurisdiction of the courts of, a province the lieutenant governor in council of which has ordered that any such contravention be dealt with in ordinary court.

170. Paragraph 62(2)(a) of the Act is replaced by the following:

  • (a) for the committal of the offender to custody under the Youth Criminal Justice Act, for one day, if the offender is a young person; or

Marginal note:1992, c. 20

Corrections and Conditional Release Act

Marginal note:1995, c. 42, s. 1(2)

171. The definition “sentence” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

“sentence”

« peine »ou« peine d’emprisonnement »

“sentence” means a sentence of imprisonment and includes a youth sentence imposed under the Youth Criminal Justice Act and a sentence imposed by a court of a foreign state on a Canadian offender who has been transferred to Canada pursuant to the Transfer of Offenders Act;

172. Subsection 15(1) of the Act is replaced by the following:

Marginal note:Newfoundland

  • 15. (1) Notwithstanding any requirement in the Criminal Code or under the Youth Criminal Justice Act that a person be sentenced, committed or transferred to penitentiary, such a person in the Province of Newfoundland shall not be received in a penitentiary without the approval of an officer designated by the Lieutenant Governor of Newfoundland.

Marginal note:1995, c. 22, s. 13 (Sch. II, item 4), c. 42, par. 69(a)(E)

173. The definition “offender” in subsection 99(1) of the Act is replaced by the following:

“offender”

« délinquant »

“offender” means

  • (a) a person, other than a young person within the meaning of the Youth Criminal Justice Act, who is under a sentence imposed before or after the coming into force of this section

    • (i) pursuant to an Act of Parliament or, to the extent that this Part applies, pursuant to a provincial Act, or

    • (ii) on conviction for criminal or civil contempt of court if the sentence does not include a requirement that the offender return to that court, or

  • (b) a young person within the meaning of the Youth Criminal Justice Act with respect to whom an order, committal or direction under section 76, 89, 92 or 93 of that Act has been made,

but does not include a person whose only sentence is a sentence being served intermittently pursuant to section 732 of the Criminal Code;