Safe Streets and Communities Act (S.C. 2012, c. 1)
Full Document:
Assented to 2012-03-13
189. Paragraph 110(2)(b) of the Act is replaced by the following:
(b) in a case where the information relates to a young person who has received a youth sentence for a violent offence and the youth justice court has ordered a lifting of the publication ban under subsection 75(2); and
190. Section 115 of the Act is amended by adding the following after subsection (1):
Marginal note:Extrajudicial measures
(1.1) The police force shall keep a record of any extrajudicial measures that they use to deal with young persons.
191. Paragraph 119(1)(o) of the French version of the Act is replaced by the following:
o) toute personne, pour vérifier l’existence d’un casier judiciaire dans le cas où la vérification est exigée par le gouvernement du Canada ou d’une province ou par une municipalité en matière de recrutement de personnel ou de bénévoles ou de fourniture de services;
192. Paragraphs 120(3)(a) and (b) of the Act are replaced by the following:
(a) if the offence is an indictable offence, other than an offence referred to in paragraph (b), the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and ending five years later; and
(b) if the offence is a serious violent offence for which the Attorney General has given notice under subsection 64(2) (intention to seek adult sentence), the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and continuing indefinitely.
193. Section 160 of the Act is repealed.
194. Section 162 of the Act is replaced by the following:
Marginal note:Commencement of proceedings
162. For the purposes of sections 158 and 159, proceedings are commenced by the laying of an information or indictment.
Transitional Provision
Marginal note:Offences committed before this section in force
195. Any person who, before the coming into force of this section, while he or she was a young person, committed an offence in respect of which no proceedings were commenced before that coming into force shall be dealt with under the Youth Criminal Justice Act as amended by this Part as if the offence occurred after that coming into force, except that
(a) the definition “violent offence” in subsection 2(1) of the Youth Criminal Justice Act, as enacted by subsection 167(3), does not apply in respect of the offence;
(b) paragraph 3(1)(a) of that Act, as enacted by subsection 168(1), does not apply in respect of the offence;
(c) paragraph 38(2)(f) of that Act, as enacted by section 172, does not apply in respect of the offence;
(d) paragraph 39(1)(c) of that Act, as enacted by section 173, does not apply in respect of the offence; and
(e) section 75 of that Act, as enacted by section 185, does not apply in respect of the offence.
Related Amendments
1992, c. 20Corrections and Conditional Release Act
Marginal note:2004, c. 21, s. 39
196. 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) a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act, and
(b) a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act;
197. Paragraphs 99(2)(a) and (b) of the Act are replaced by the following:
(a) any period during which the offender could be entitled to statutory release;
(b) in the case of a youth sentence imposed under the Youth Criminal Justice Act, the portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act; or
(c) any remission that stands to the credit of the offender on November 1, 1992.
R.S., c. P-20Prisons and Reformatories Act
Marginal note:2002, c. 1, s. 196(2)
198. The definition “sentence” in subsection 2(1) of the Prisons and Reformatories Act is replaced by the following:
“sentence”
« peine »
“sentence” includes a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act.
Marginal note:1995, c. 42, s. 82(1)
199. (1) Subsection 6(1) of the Act is replaced by the following:
Marginal note:Remission
6. (1) Subject to subsection (7.2), every prisoner serving a sentence, other than a sentence on conviction for criminal or civil contempt of court where the sentence includes a requirement that the prisoner return to that court, shall be credited with 15 days of remission of the sentence in respect of each month and with a number of days calculated on a pro rata basis in respect of each incomplete month during which the prisoner has earned that remission by obeying prison rules and conditions governing temporary absence and by actively participating in programs, other than full parole, designed to promote prisoners’ rehabilitation and reintegration as determined in accordance with any regulations made by the lieutenant governor of the province in which the prisoner is imprisoned.
Marginal note:2002, c. 1, s. 197
(2) Subsections 6(7.1) and (7.2) of the Act are replaced by the following:
Marginal note:Transfer or committal to prison
(7.1) When a prisoner is transferred from a youth custody facility to a prison as the result of the application of section 743.5 of the Criminal Code, the prisoner is credited with full remission under this section for the portion of the sentence that the offender served in the youth custody facility as if that portion of the sentence had been served in a prison.
Marginal note:Exceptional date of release
(7.2) When a prisoner who was sentenced to custody under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act is transferred from a youth custody facility to a prison under section 92 or 93 of that Act, or is committed to imprisonment in a prison under section 89 of that Act, the prisoner is entitled to be released on the date on which the custody portion of his or her youth sentence under paragraph 42(2)(n), (o), (q) or (r) of that Act expires.
Marginal note:2002, c. 1, s. 197
(3) The portion of subsection 6(7.3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Effect of release
(7.3) When a prisoner is committed or transferred in accordance with section 89, 92 or 93 of the Youth Criminal Justice Act and, in accordance with subsection (7.2), is entitled to be released,
- Date modified: