An Act in respect of criminal justice for young persons and to amend and repeal other ActsYouth Criminal Justice ActYouth Criminal Justice2002February
19
201303
05
Y-1.512002PreambleWHEREAS members of society share a responsibility to address the developmental challenges and the needs of young persons and to guide them into adulthood;WHEREAS communities, families, parents and others concerned with the development of young persons should, through multi-disciplinary approaches, take reasonable steps to prevent youth crime by addressing its underlying causes, to respond to the needs of young persons, and to provide guidance and support to those at risk of committing crimes;WHEREAS information about youth justice, youth crime and the effectiveness of measures taken to address youth crime should be publicly available;WHEREAS Canada is a party to the United Nations Convention on the Rights of the Child and recognizes that young persons have rights and freedoms, including those stated in the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights, and have special guarantees of their rights and freedoms;AND WHEREAS Canadian society should have a youth criminal justice system that commands respect, takes into account the interests of victims, fosters responsibility and ensures accountability through meaningful consequences and effective rehabilitation and reintegration, and that reserves its most serious intervention for the most serious crimes and reduces the over-reliance on incarceration for non-violent young persons;NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:SHORT TITLE
Short titleThis Act may be cited as the Youth Criminal Justice Act.
INTERPRETATION
DefinitionsThe definitions in this subsection apply in this Act.adultadulteadult means a person who is neither a young person nor a child.adult sentencepeine applicable aux adultesadult sentence, in the case of a young person who is found guilty of an offence, means any sentence that could be imposed on an adult who has been convicted of the same offence.Attorney Generalprocureur généralAttorney General means the Attorney General as defined in section 2 of the Criminal Code, read as if the reference in that definition to “proceedings” were a reference to “proceedings or extrajudicial measures”, and includes an agent or delegate of the Attorney General.childenfantchild means a person who is or, in the absence of evidence to the contrary, appears to be less than twelve years old.conferencegroupe consultatifconference means a group of persons who are convened to give advice in accordance with section 19.confirmed delivery serviceservice de messagerieconfirmed delivery servicemeans certified or registered mail or any other method of service that provides proof of delivery.custodial portionpériode de gardecustodial portion, with respect to a youth sentence imposed on a young person under paragraph 42(2)(n), (o), (q) or (r), means the period of time, or the portion of the young person’s youth sentence, that must be served in custody before he or she begins to serve the remainder under supervision in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r).disclosurecommunicationdisclosure means the communication of information other than by way of publication.extrajudicial measuresmesures extrajudiciairesextrajudicial measures means measures other than judicial proceedings under this Act used to deal with a young person alleged to have committed an offence and includes extrajudicial sanctions.extrajudicial sanctionsanction extrajudiciaireextrajudicial sanction means a sanction that is part of a program referred to in section 10.offenceinfractionoffence means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made under an Act of Parliament other than an ordinance of the Northwest Territories or a law of the Legislature of Yukon or the Legislature for Nunavut.parentpère ou mère ou père et mèreparent includes, in respect of a young person, any person who is under a legal duty to provide for the young person or any person who has, in law or in fact, the custody or control of the young person, but does not include a person who has the custody or control of the young person by reason only of proceedings under this Act.pre-sentence reportrapport prédécisionnelpre-sentence report means a report on the personal and family history and present environment of a young person made in accordance with section 40.presumptive offence[Repealed, 2012, c. 1, s. 167]provincial directordirecteur provincial ou directeurprovincial director means a person, a group or class of persons or a body appointed or designated by or under an Act of the legislature of a province or by the lieutenant governor in council of a province or his or her 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.publicationpublicationpublication means the communication of information by making it known or accessible to the general public through any means, including print, radio or television broadcast, telecommunication or electronic means.recorddossierrecord includes any thing containing information, regardless of its physical form or characteristics, including microform, sound recording, videotape, machine-readable record, and any copy of any of those things, that is created or kept for the purposes of this Act or for the investigation of an offence that is or could be prosecuted under this Act.review boardcommission d’examenreview board means a review board referred to in subsection 87(2).serious offenceinfraction graveserious offence means an indictable offence under an Act of Parliament for which the maximum punishment is imprisonment for five years or more.serious violent offenceinfraction grave avec violenceserious violent offence means an offence under one of the following provisions of the Criminal Code:section 231 or 235 (first degree murder or second degree murder);section 239 (attempt to commit murder);section 232, 234 or 236 (manslaughter); orsection 273 (aggravated sexual assault).violent offenceinfraction avec violenceviolent offence meansan offence committed by a young person that includes as an element the causing of bodily harm;an attempt or a threat to commit an offence referred to in paragraph (a); oran offence in the commission of which a young person endangers the life or safety of another person by creating a substantial likelihood of causing bodily harm.young personadolescentyoung person means a person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old and, if the context requires, includes any person who is charged under this Act with having committed an offence while he or she was a young person or who is found guilty of an offence under this Act.youth custody facilitylieu de gardeyouth custody facility means a facility designated under subsection 85(2) for the placement of young persons and, if so designated, includes a facility for the secure restraint of young persons, a community residential centre, a group home, a child care institution and a forest or wilderness camp.youth justice courttribunal pour adolescentsyouth justice court means a youth justice court referred to in section 13.youth justice court judgejuge du tribunal pour adolescentsyouth justice court judge means a youth justice court judge referred to in section 13.youth sentencepeine spécifiqueyouth sentence means a sentence imposed under section 42, 51 or 59 or any of sections 94 to 96 and includes a confirmation or a variation of that sentence.youth workerdélégué à la jeunesseyouth worker means any person appointed or designated, whether by title of youth worker or probation officer or by any other title, by or under an Act of the legislature of a province or by the lieutenant governor in council of a province or his or her delegate to perform in that province, either generally or in a specific case, any of the duties or functions of a youth worker under this Act.Words and expressionsUnless otherwise provided, words and expressions used in this Act have the same meaning as in the Criminal Code.Descriptive cross-referencesIf, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.
  • 2002, c. 1, s. 2, c. 7, s. 274;
  • 2012, c. 1, s. 167.
Previous Version
DECLARATION OF PRINCIPLE
Policy for Canada with respect to young personsThe following principles apply in this Act:the youth criminal justice system is intended to protect the public byholding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person,promoting the rehabilitation and reintegration of young persons who have committed offences, andsupporting the prevention of crime by referring young persons to programs or agencies in the community to address the circumstances underlying their offending behaviour;the criminal justice system for young persons must be separate from that of adults, must be based on the principle of diminished moral blameworthiness or culpability and must emphasize the following:rehabilitation and reintegration,fair and proportionate accountability that is consistent with the greater dependency of young persons and their reduced level of maturity,enhanced procedural protection to ensure that young persons are treated fairly and that their rights, including their right to privacy, are protected,timely intervention that reinforces the link between the offending behaviour and its consequences, andthe promptness and speed with which persons responsible for enforcing this Act must act, given young persons’ perception of time;within the limits of fair and proportionate accountability, the measures taken against young persons who commit offences shouldreinforce respect for societal values,encourage the repair of harm done to victims and the community,be meaningful for the individual young person given his or her needs and level of development and, where appropriate, involve the parents, the extended family, the community and social or other agencies in the young person’s rehabilitation and reintegration, andrespect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements; andspecial considerations apply in respect of proceedings against young persons and, in particular,young persons have rights and freedoms in their own right, such as a right to be heard in the course of and to participate in the processes, other than the decision to prosecute, that lead to decisions that affect them, and young persons have special guarantees of their rights and freedoms,victims should be treated with courtesy, compassion and respect for their dignity and privacy and should suffer the minimum degree of inconvenience as a result of their involvement with the youth criminal justice system,victims should be provided with information about the proceedings and given an opportunity to participate and be heard, andparents should be informed of measures or proceedings involving their children and encouraged to support them in addressing their offending behaviour.Act to be liberally construedThis Act shall be liberally construed so as to ensure that young persons are dealt with in accordance with the principles set out in subsection (1).
  • 2002, c. 1, s. 3;
  • 2012, c. 1, s. 168.
Previous Version
EXTRAJUDICIAL MEASURESPrinciples and Objectives
Declaration of principlesThe following principles apply in this Part in addition to the principles set out in section 3:extrajudicial measures are often the most appropriate and effective way to address youth crime;extrajudicial measures allow for effective and timely interventions focused on correcting offending behaviour;extrajudicial measures are presumed to be adequate to hold a young person accountable for his or her offending behaviour if the young person has committed a non-violent offence and has not previously been found guilty of an offence; andextrajudicial measures should be used if they are adequate to hold a young person accountable for his or her offending behaviour and, if the use of extrajudicial measures is consistent with the principles set out in this section, nothing in this Act precludes their use in respect of a young person whohas previously been dealt with by the use of extrajudicial measures, orhas previously been found guilty of an offence.
ObjectivesExtrajudicial measures should be designed toprovide an effective and timely response to offending behaviour outside the bounds of judicial measures;encourage young persons to acknowledge and repair the harm caused to the victim and the community;encourage families of young persons — including extended families where appropriate — and the community to become involved in the design and implementation of those measures;provide an opportunity for victims to participate in decisions related to the measures selected and to receive reparation; andrespect the rights and freedoms of young persons and be proportionate to the seriousness of the offence.
Warnings, Cautions and Referrals
Warnings, cautions and referralsA police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in section 4, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person not to commit offences.SavingThe failure of a police officer to consider the options set out in subsection (1) does not invalidate any subsequent charges against the young person for the offence.
Police cautionsThe Attorney General, or any other minister designated by the lieutenant governor of a province, may establish a program authorizing the police to administer cautions to young persons instead of starting judicial proceedings under this Act.
Crown cautionsThe Attorney General may establish a program authorizing prosecutors to administer cautions to young persons instead of starting or continuing judicial proceedings under this Act.
Evidence of measures is inadmissibleEvidence that a young person has received a warning, caution or referral mentioned in section 6, 7 or 8 or that a police officer has taken no further action in respect of an offence, and evidence of the offence, is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a youth justice court in respect of the young person.
Extrajudicial Sanctions
Extrajudicial sanctionsAn extrajudicial sanction may be used to deal with a young person alleged to have committed an offence only if the young person cannot be adequately dealt with by a warning, caution or referral mentioned in section 6, 7 or 8 because of the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances.ConditionsAn extrajudicial sanction may be used only ifit is part of a program of sanctions that may be authorized by the Attorney General or authorized by a person, or a member of a class of persons, designated by the lieutenant governor in council of the province;the person who is considering whether to use the extrajudicial sanction is satisfied that it would be appropriate, having regard to the needs of the young person and the interests of society;the young person, having been informed of the extrajudicial sanction, fully and freely consents to be subject to it;the young person has, before consenting to be subject to the extrajudicial sanction, been advised of his or her right to be represented by counsel and been given a reasonable opportunity to consult with counsel;the young person accepts responsibility for the act or omission that forms the basis of the offence that he or she is alleged to have committed;there is, in the opinion of the Attorney General, sufficient evidence to proceed with the prosecution of the offence; andthe prosecution of the offence is not in any way barred at law.Restriction on useAn extrajudicial sanction may not be used in respect of a young person whodenies participation or involvement in the commission of the offence; orexpresses the wish to have the charge dealt with by a youth justice court.Admissions not admissible in evidenceAny admission, confession or statement accepting responsibility for a given act or omission that is made by a young person as a condition of being dealt with by extrajudicial measures is inadmissible in evidence against any young person in civil or criminal proceedings.No bar to judicial proceedingsThe use of an extrajudicial sanction in respect of a young person alleged to have committed an offence is not a bar to judicial proceedings under this Act, but if a charge is laid against the young person in respect of the offence,the youth justice court shall dismiss the charge if it is satisfied on a balance of probabilities that the young person has totally complied with the terms and conditions of the extrajudicial sanction; andthe youth justice court may dismiss the charge if it is satisfied on a balance of probabilities that the young person has partially complied with the terms and conditions of the extrajudicial sanction and if, in the opinion of the court, prosecution of the charge would be unfair having regard to the circumstances and the young person’s performance with respect to the extrajudicial sanction.Laying of information, etc.Subject to subsection (5) and section 24 (private prosecutions only with consent of Attorney General), nothing in this section shall be construed as preventing any person from laying an information or indictment, obtaining the issue or confirmation of any process or proceeding with the prosecution of any offence in accordance with law.
Notice to parentIf a young person is dealt with by an extrajudicial sanction, the person who administers the program under which the sanction is used shall inform a parent of the young person of the sanction.
Victim’s right to informationIf a young person is dealt with by an extrajudicial sanction, a police officer, the Attorney General, the provincial director or any organization established by a province to provide assistance to victims shall, on request, inform the victim of the identity of the young person and how the offence has been dealt with.
ORGANIZATION OF YOUTH CRIMINAL JUSTICE SYSTEMYouth Justice Court
Designation of youth justice courtA youth justice court is any court that may be 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 justice court for the purposes of this Act, and a youth justice court judge is a person who may be appointed or designated as a judge of the youth justice court or a judge sitting in a court established or designated as a youth justice court.Deemed youth justice courtWhen a young person elects to be tried by a judge without a jury, the judge shall be a judge as defined in section 552 of the Criminal Code, or if it is an offence set out in section 469 of that Act, the judge shall be a judge of the superior court of criminal jurisdiction in the province in which the election is made. In either case, the judge is deemed to be a youth justice court judge and the court is deemed to be a youth justice court for the purpose of the proceeding.Deemed youth justice courtWhen a young person elects or is deemed to have elected to be tried by a court composed of a judge and jury, the superior court of criminal jurisdiction in the province in which the election is made or deemed to have been made is deemed to be a youth justice court for the purpose of the proceeding, and the superior court judge is deemed to be a youth justice court judge.Court of recordA youth justice court is a court of record.
Exclusive jurisdiction of youth justice courtDespite any other Act of Parliament but subject to the Contraventions Act and the National Defence Act, a youth justice court has exclusive jurisdiction in respect of any offence alleged to have been committed by a person while he or she was a young person, and that person shall be dealt with as provided in this Act.OrdersA youth justice court has jurisdiction to make orders against a young person under sections 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of criminal organization offence) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed thirty days.Prosecution prohibitedUnless the Attorney General and the young person agree, no extrajudicial measures shall be taken or judicial proceedings commenced under this Act in respect of an offence after the end of the time limit set out in any other Act of Parliament or any regulation made under it for the institution of proceedings in respect of that offence.Continuation of proceedingsExtrajudicial measures taken or judicial proceedings commenced under this Act against a young person may be continued under this Act after the person attains the age of eighteen years.Young persons over the age of eighteen yearsThis Act applies to persons eighteen years old or older who are alleged to have committed an offence while a young person.Powers of youth justice court judgeFor the purpose of carrying out the provisions of this Act, a youth justice court judge is a justice and a provincial court judge and has the jurisdiction and powers of a summary conviction court under the Criminal Code.Powers of a judge of a superior courtA judge of a superior court of criminal jurisdiction, when deemed to be a youth justice court judge for the purpose of a proceeding, retains the jurisdiction and powers of a superior court of criminal jurisdiction.
Contempt against youth justice courtEvery youth justice 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.Jurisdiction of youth justice courtA youth justice court has jurisdiction in respect of every contempt of court committed by a young person against the youth justice 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 justice courtA youth justice 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 justice court in the face of the youth justice 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.Youth sentence — contemptWhen a youth justice court or any other court finds a young person guilty of contempt of court, it may impose as a youth sentence any one of the sanctions set out in subsection 42(2) (youth sentences), or any number of them that are not inconsistent with each other, but no other sentence.Section 708 of Criminal Code applies in respect of adultsSection 708 (contempt) of the Criminal Code applies in respect of proceedings under this section in youth justice court against adults, with any modifications that the circumstances require.
Status of offender uncertainWhen a person is alleged to have committed an offence during a period that includes the date on which the person attains the age of eighteen years, the youth justice court has jurisdiction in respect of the offence and shall, after putting the person to their election under section 67 (adult sentence) if applicable, and on finding the person guilty of the offence,if it has been proven that the offence was committed before the person attained the age of eighteen years, impose a sentence under this Act;if it has been proven that the offence was committed after the person attained the age of eighteen years, impose any sentence that could be imposed under the Criminal Code or any other Act of Parliament on an adult who has been convicted of the same offence; andif it has not been proven that the offence was committed after the person attained the age of eighteen years, impose a sentence under this Act.
Youth justice court may make rulesThe youth justice court for a province may, subject to the approval of the lieutenant governor in council of the province, establish rules of court not inconsistent with this Act or any other Act of Parliament or with any regulations made under section 155 regulating proceedings within the jurisdiction of the youth justice court.Rules of courtRules under subsection (1) may be madegenerally to regulate the duties of the officers of the youth justice court and any other matter considered expedient to attain the ends of justice and carry into effect the provisions of this Act;subject to any regulations made under paragraph 155(b), to regulate the practice and procedure in the youth justice court; andto prescribe forms to be used in the youth justice court if they are not otherwise provided for by or under this Act.Publication of rulesRules of court that are made under the authority of this section shall be published in the appropriate provincial gazette.
Youth Justice Committees
Youth justice committeesThe Attorney General of Canada or a province or any other minister that the lieutenant governor in council of the province may designate may establish one or more committees of citizens, to be known as youth justice committees, to assist in any aspect of the administration of this Act or in any programs or services for young persons.Role of committeeThe functions of a youth justice committee may include the following:in the case of a young person alleged to have committed an offence,giving advice on the appropriate extrajudicial measure to be used in respect of the young person,supporting any victim of the alleged offence by soliciting his or her concerns and facilitating the reconciliation of the victim and the young person,ensuring that community support is available to the young person by arranging for the use of services from within the community, and enlisting members of the community to provide short-term mentoring and supervision, andwhen the young person is also being dealt with by a child protection agency or a community group, helping to coordinate the interaction of the agency or group with the youth criminal justice system;advising the federal and provincial governments on whether the provisions of this Act that grant rights to young persons, or provide for the protection of young persons, are being complied with;advising the federal and provincial governments on policies and procedures related to the youth criminal justice system;providing information to the public in respect of this Act and the youth criminal justice system;acting as a conference; andany other functions assigned by the person who establishes the committee.
Conferences
Conferences may be convenedA youth justice court judge, the provincial director, a police officer, a justice of the peace, a prosecutor or a youth worker may convene or cause to be convened a conference for the purpose of making a decision required to be made under this Act.Mandate of a conferenceThe mandate of a conference may be, among other things, to give advice on appropriate extrajudicial measures, conditions for judicial interim release, sentences, including the review of sentences, and reintegration plans.Rules for conferencesThe Attorney General or any other minister designated by the lieutenant governor in council of a province may establish rules for the convening and conducting of conferences other than conferences convened or caused to be convened by a youth justice court judge or a justice of the peace.Rules to applyIn provinces where rules are established under subsection (3), the conferences to which those rules apply must be convened and conducted in accordance with those rules.
Justices of the Peace
Certain proceedings may be taken before justicesAny 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.Orders under section 810 of Criminal CodeA justice has jurisdiction to make an order under section 810 (recognizance — fear of injury or damage) of the Criminal Code in respect of a young person. If the young person fails or refuses to enter into a recognizance referred to in that section, the justice shall refer the matter to a youth justice court.
Clerks of the Court
Powers of clerksIn addition to any powers conferred on a clerk of a court by the Criminal Code, a clerk of the youth justice court may exercise the powers ordinarily exercised by a clerk of a court, and, in particular, mayadminister oaths or solemn affirmations in all matters relating to the business of the youth justice court; andin the absence of a youth justice court judge, exercise all the powers of a youth justice court judge relating to adjournment.
Provincial Directors
Powers, duties and functions of provincial directorsThe provincial director may authorize any person to exercise the powers or perform the duties or functions of the provincial director under this Act, in which case the powers, duties or functions are deemed to have been exercised or performed by the provincial director.
JUDICIAL MEASURESConsent to Prosecute
Pre-charge screeningThe Attorney General may establish a program of pre-charge screening that sets out the circumstances in which the consent of the Attorney General must be obtained before a young person is charged with an offence.Pre-charge screening programAny program of pre-charge screening of young persons that is established under an Act of the legislature of a province or by a directive of a provincial government, and that is in place before the coming into force of this section, is deemed to be a program of pre-charge screening for the purposes of subsection (1).
Private prosecutionsNo prosecutions may be conducted by a prosecutor other than the Attorney General without the consent of the Attorney General.
Right to Counsel
Right to counselA 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 before and during any consideration of whether, instead of starting or continuing judicial proceedings against the young person under this Act, to use an extrajudicial sanction to deal with the young person.Arresting officer to advise young person of right to counselEvery young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer or the officer in charge, as the case may be, of the right to retain and instruct counsel, and be given an opportunity to obtain counsel.Justice, youth justice court or review board to advise young person of right to counselWhen a young person is not represented by counselat a hearing at which it will be determined whether to release the young person or detain the young person in custody prior to sentencing,at a hearing held under section 71 (hearing — adult sentences),at trial,at any proceedings held under subsection 98(3) (continuation of custody), 103(1) (review by youth justice court), 104(1) (continuation of custody), 105(1) (conditional supervision) or 109(1) (review of decision),at a review of a youth sentence held before a youth justice court under this Act, orat a review of the level of custody under section 87,the justice or youth justice court before which the hearing, trial or review is held, or the review board before which the review is held, shall advise the young person of the right to retain and instruct counsel and shall give the young person a reasonable opportunity to obtain counsel.Trial, hearing or review before youth justice court or review boardWhen a young person at trial or at a hearing or review referred to in subsection (3) wishes to obtain counsel but is unable to do so, the youth justice court before which the hearing, trial or review is held or the review board before which the review is heldshall, if there is a legal aid program 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; orif no legal aid program or assistance program is available or the young person is unable to obtain counsel through the program, may, and on the request of the young person shall, direct that the young person be represented by counsel.Appointment of counselWhen a direction is made under paragraph (4)(b) in respect of a young person, the Attorney General shall appoint counsel, or cause counsel to be appointed, to represent the young person.Release hearing before justiceWhen a young person, at a hearing referred to in paragraph (3)(a) that is held before a justice who is not a youth justice court judge, wishes to obtain counsel but is unable to do so, the justice shallif there is a legal aid program or an assistance program available in the province where the hearing is held,refer the young person to that program for the appointment of counsel, orrefer the matter to a youth justice court to be dealt with in accordance with paragraph (4)(a) or (b); orif no legal aid program or assistance program is available or the young person is unable to obtain counsel through the program, refer the matter without delay to a youth justice court to be dealt with in accordance with paragraph (4)(b).Young person may be assisted by adultWhen a young person is not represented by counsel at trial or at a hearing or review referred to in subsection (3), the justice before whom or the youth justice 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 parentsIf it appears to a youth justice court judge or a justice that the interests of a young person and the interests of a parent are in conflict or that it would be in the best interests of the young person to be represented by his or her own counsel, the judge or justice shall ensure that the young person is represented by counsel independent of the parent.Statement of right to counselA statement that a young person has the right to be represented by counsel shall be included inany appearance notice or summons issued to the young person;any warrant to arrest the young person;any promise to appear given by the young person;any undertaking or recognizance entered into before an officer in charge by the young person;any notice given to the young person in relation to any proceedings held under subsection 98(3) (continuation of custody), 103(1) (review by youth justice court), 104(1) (continuation of custody), 105(1) (conditional supervision) or 109(1) (review of decision); orany notice of a review of a youth sentence given to the young person.Recovery of costs of counselNothing in this Act prevents the lieutenant governor in council of a province or his or her delegate from establishing a program to authorize the recovery of the costs of a young person’s counsel from the young person or the parents of the young person. The costs may be recovered only after the proceedings are completed and the time allowed for the taking of an appeal has expired or, if an appeal is taken, all proceedings in respect of the appeal have been completed.Exception for persons over the age of twentySubsections (4) to (9) do not apply to a person who is alleged to have committed an offence while a young person, if the person has attained the age of twenty years at the time of his or her first appearance before a youth justice court in respect of the offence; however, this does not restrict any rights that a person has under the law applicable to adults.
Notices to Parents
Notice in case of arrest or detentionSubject to subsection (4), if a young person is arrested and detained in custody pending his or her 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 to a parent of the young person, orally or in writing, notice of the arrest stating the place of detention and the reason for the arrest.Notice in other casesSubject to subsection (4), if a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or appearance notice, or, if a young person is released on giving a promise to appear or entering into an undertaking or recognizance, the officer in charge, shall, as soon as possible, give or cause to be given to a parent of the young person notice in writing of the summons, appearance notice, promise to appear, undertaking or recognizance.Notice to parent in case of ticketSubject to subsection (4), a person who serves a ticket under the Contraventions Act on a young person, other than a ticket served for a contravention relating to parking a vehicle, shall, as soon as possible, give or cause to be given notice in writing of the ticket to a parent of the young person.Notice to relative or other adultIf the whereabouts of the parents of a young person 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 the young person or, if no such adult relative is available, to any other adult who is known to the young person and is likely to assist the young person and who the person giving the notice considers appropriate.Notice on direction of youth justice court judge or justiceIf doubt exists as to the person to whom a notice under this section should be given, a youth justice court judge or, if a youth justice 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 noticeAny notice under this section shall, in addition to any other requirements under this section, includethe name of the young person in respect of whom it is given;the charge against the young person and, except in the case of a notice of a ticket served under the Contraventions Act, the time and place of appearance; anda statement that the young person has the right to be represented by counsel.Notice of ticket under Contraventions ActA notice under subsection (3) shall include a copy of the ticket.Service of noticeSubject to subsections (10) and (11), a notice under this section that is given in writing may be served personally or be sent by confirmed delivery service.Proceedings not invalidSubject to subsections (10) and (11), failure to give a notice in accordance with this section does not affect the validity of proceedings under this Act.ExceptionFailure to give a notice under subsection (2) in accordance with this section in any case renders invalid any subsequent proceedings under this Act relating to the case unlessa parent of the young person attends court with the young person; ora youth justice court judge or a justice before whom proceedings are held against the young personadjourns the proceedings and orders that the notice be given in the manner and to the persons that the judge or justice directs, ordispenses with the notice if the judge or justice is of the opinion that, having regard to the circumstances, the notice may be dispensed with.Where notice is not servedWhere there has been a failure to give a notice under subsection (1) or (3) in accordance with this section and none of the persons to whom the notice may be given attends court with the young person, a youth justice court judge or a justice before whom proceedings are held against the young person mayadjourn the proceedings and order that the notice be given in the manner and to the persons that the judge or justice directs; ordispense with the notice if the judge or justice is of the opinion that, having regard to the circumstances, the notice may be dispensed with.Exception for persons over the age of twentyThis section does not apply to a person who is alleged to have committed an offence while a young person, if the person has attained the age of twenty years at the time of his or her first appearance before a youth justice court in respect of the offence.
Order requiring attendance of parentIf a parent does not attend proceedings held before a youth justice 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 interests of the young person, by order in writing require the parent to attend at any stage of the proceedings.No order in ticket proceedingsSubsection (1) does not apply in proceedings commenced by filing a ticket under the Contraventions Act.Service of orderA copy of the order shall be served by a peace officer or by a person designated by a youth justice court by delivering it personally to the parent to whom it is directed, unless the youth justice court authorizes service by confirmed delivery service.Failure to attendA parent who is ordered to attend a youth justice court under subsection (1) and who fails without reasonable excuse, the proof of which lies on the parent, to comply with the orderis guilty of contempt of court;may be dealt with summarily by the court; andis liable to the punishment provided for in the Criminal Code for a summary conviction offence.Warrant to arrest parentIf a parent who is ordered to attend a youth justice court under subsection (1) does not attend when required by 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 justice court may issue a warrant to compel the attendance of the parent.
Detention before Sentencing
Application of Part XVI of Criminal CodeExcept to the extent that they are inconsistent with or excluded by this Act, the provisions of Part XVI (compelling appearance of an accused and interim release) of the Criminal Code apply to the detention and release of young persons under this Act.
Detention as social measure prohibitedA youth justice court judge or a justice shall not detain a young person in custody prior to being sentenced as a substitute for appropriate child protection, mental health or other social measures.Justification for detention in custodyA youth justice court judge or a justice may order that a young person be detained in custody only ifthe young person has been charged witha serious offence, oran offence other than a serious offence, if they have a history that indicates a pattern of either outstanding charges or findings of guilt;the judge or justice is satisfied, on a balance of probabilities,that there is a substantial likelihood that, before being dealt with according to law, the young person will not appear in court when required by law to do so,that detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, having regard to all the circumstances, including a substantial likelihood that the young person will, if released from custody, commit a serious offence, orin the case where the young person has been charged with a serious offence and detention is not justified under subparagraph (i) or (ii), that there are exceptional circumstances that warrant detention and that detention is necessary to maintain confidence in the administration of justice, having regard to the principles set out in section 3 and to all the circumstances, includingthe apparent strength of the prosecution’s case,the gravity of the offence,the circumstances surrounding the commission of the offence, including whether a firearm was used, andthe fact that the young person is liable, on being found guilty, for a potentially lengthy custodial sentence; andthe judge or justice is satisfied, on a balance of probabilities, that no condition or combination of conditions of release would, depending on the justification on which the judge or justice relies under paragraph (b),reduce, to a level below substantial, the likelihood that the young person would not appear in court when required by law to do so,offer adequate protection to the public from the risk that the young person might otherwise present, ormaintain confidence in the administration of justice.OnusThe onus of satisfying the youth justice court judge or the justice as to the matters referred to in subsection (2) is on the Attorney General.
  • 2002, c. 1, s. 29;
  • 2012, c. 1, s. 169.
Previous Version
Designated place of temporary detentionSubject to subsection (7), a young person who is arrested and detained prior to being sentenced, or who is detained in accordance with a warrant issued under subsection 59(6) (compelling appearance for review of sentence), shall be detained in any place of temporary detention that may be designated by the lieutenant governor in council of the province or his or her delegate or in a place within a class of places so designated.ExceptionA young person who is detained in a place of temporary detention under 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 adultsA 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 justice court judge or a justice is satisfied that, having regard to the best interests of the young person,the young person cannot, having regard to his or her own safety or the safety of others, be detained in a place of detention for young persons; orno place of detention for young persons is available within a reasonable distance.Transfer to adult facilityWhen a young person is detained under subsection (1), the youth justice court may, on application of the provincial director made at any time after the young person attains the age of eighteen years, after giving the young person an opportunity to be heard, authorize the provincial director to direct, despite subsection (3), that the young person be temporarily detained 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.When young person is twenty years old or olderWhen a young person is twenty years old or older at the time his or her temporary detention under subsection (1) begins, the young person shall, despite subsection (3), be temporarily detained in a provincial correctional facility for adults.Transfer by provincial directorA young person who is detained in custody under 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 detentionSubsections (1) and (3) 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 practicable, and in no case later than the first reasonable opportunity after the appearance of the young person before a youth justice court judge or a justice under section 503 of the Criminal Code.Authorization of provincial authority for detentionIn 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 detentionIn 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.
Placement of young person in care of responsible personA young person who has been arrested may be placed in the care of a responsible person instead of being detained in custody if a youth justice court or a justice is satisfied thatthe young person would, but for this subsection, be detained in custody under section 515 (judicial interim release) of the Criminal Code;the person is willing and able to take care of and exercise control over the young person; andthe young person is willing to be placed in the care of that person.Inquiry as to availability of a responsible personIf a young person would, in the absence of a responsible person, be detained in custody, the youth justice court or the justice shall inquire as to the availability of a responsible person and whether the young person is willing to be placed in that person’s care.Condition of placementA young person shall not be placed in the care of a person under subsection (1) unlessthat 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 any other conditions that the youth justice court judge or the justice may specify; andthe young person undertakes in writing to comply with the arrangement and to comply with any other conditions that the youth justice court judge or the justice may specify.Removing young person from careA young person, a person in whose care a young person has been placed or any other person may, by application in writing to a youth justice court judge or a justice, apply for an order under subsection (5) ifthe person in whose care the young person has been placed is no longer willing or able to take care of or exercise control over the young person; orit is, for any other reason, no longer appropriate that the young person remain in the care of the person with whom he or she has been placed.OrderWhen a youth justice court judge or a justice is satisfied that a young person should not remain in the custody of the person in whose care he or she was placed under subsection (1), the judge or justice shallmake an order relieving the person and the young person of the obligations undertaken under subsection (3); andissue a warrant for the arrest of the young person.Effect of arrestIf a young person is arrested in accordance with a warrant issued under paragraph (5)(b), the young person shall be taken before a youth justice court judge or a justice without delay and dealt with under this section and sections 28 to 30.
Appearance
Appearance before judge or justiceA young person against whom an information or indictment is laid must first appear before a youth justice court judge or a justice, and the judge or justice shallcause the information or indictment to be read to the young person;if the young person is not represented by counsel, inform the young person of the right to retain and instruct counsel; andif notified under subsection 64(2) (intention to seek adult sentence) or if section 16 (status of accused uncertain) applies, inform the young person that the youth justice court might, if the young person is found guilty, order that an adult sentence be imposed.[Repealed, 2012, c. 1, s. 170]WaiverA young person may waive the requirements of subsection (1) if the young person is represented by counsel and counsel advises the court that the young person has been informed of that provision.Young person not represented by counselWhen a young person is not represented by counsel, the youth justice court, before accepting a plea, shallsatisfy itself that the young person understands the charge;if the young person is liable to an adult sentence, explain to the young person the consequences of being liable to an adult sentence and the procedure by which the young person may apply for an order that a youth sentence be imposed; andexplain that the young person may plead guilty or not guilty to the charge or, if subsection 67(1) (election of court for trial — adult sentence) or (3) (election of court for trial in Nunavut — adult sentence) applies, explain that the young person may elect to be tried by a youth justice court judge without a jury and without having a preliminary inquiry, or to have a preliminary inquiry and be tried by a judge without a jury, or to have a preliminary inquiry and be tried by a court composed of a judge and jury and, in either of the latter two cases, a preliminary inquiry will only be conducted if requested by the young person or the prosecutor.If youth justice court not satisfiedIf the youth justice court is not satisfied that a young person understands the charge, the court shall, unless the young person must be put to his or her election under subsection 67(1) (election of court for trial — adult sentence) or, with respect to Nunavut, subsection 67(3) (election of court for trial in Nunavut — adult sentence), enter a plea of not guilty on behalf of the young person and proceed with the trial in accordance with subsection 36(2) (young person pleads not guilty).If youth justice court not satisfiedIf the youth justice court is not satisfied that a young person understands the matters set out in subsection (3), the court shall direct that the young person be represented by counsel.
  • 2002, c. 1, s. 32, c. 13, s. 91;
  • 2012, c. 1, s. 170.
Previous Version
Release from or Detention in Custody
Application for release from or detention in custodyIf an order is made under section 515 (judicial interim release) of the Criminal Code in respect of a young person by a justice who is not a youth justice court judge, an application may, at any time after the order is made, be made to a youth justice court for the release from or detention in custody of the young person, as the case may be, and the youth justice court shall hear the matter as an original application.Notice to prosecutorAn application under subsection (1) 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 personAn application under subsection (1) 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 noticeThe requirement for notice under subsection (2) or (3) may be waived by the prosecutor or by the young person or his or her counsel, as the case may be.Application for review under section 520 or 521 of Criminal CodeAn 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 justice court judge who is a judge of a superior court shall be made to a judge of the court of appeal.NunavutDespite subsection (5), 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 justice court judge who is a judge of the Nunavut Court of Justice shall be made to a judge of that court.No reviewNo 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 justice court judge.Interim release by youth justice court judge onlyIf 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 justice court judge, but no other court, judge or justice, may release the young person from custody under that section.Review by court of appealA decision made by a youth justice court judge under subsection (8) may be reviewed in accordance with section 680 of the Criminal Code and that section applies, with any modifications that the circumstances require, to any decision so made.
Medical and Psychological Reports
Medical or psychological assessmentA youth justice court may, at any stage of proceedings against a young person, by order require that the young person be assessed by a qualified person who is required to report the results in writing to the court,with the consent of the young person and the prosecutor; oron its own motion or on application of the young person or the prosecutor, if 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 (g) andthe 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,the young person’s history indicates a pattern of repeated findings of guilt under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, orthe young person is alleged to have committed a serious violent offence.Purpose of assessmentA youth justice court may make an order under subsection (1) in respect of a young person for the purpose ofconsidering an application under section 33 (release from or detention in custody);making its decision on an application heard under section 71 (hearing — adult sentences);making or reviewing a youth sentence;considering an application under subsection 104(1) (continuation of custody);setting conditions under subsection 105(1) (conditional supervision);making an order under subsection 109(2) (conditional supervision); orauthorizing disclosure under subsection 127(1) (information about a young person).Custody for assessmentSubject to subsections (4) and (6), for the purpose of an assessment under this section, a youth justice court may remand a young person to any custody that it directs for a period not exceeding thirty days.Presumption against custodial remandA young person shall not be remanded in custody in accordance with an order made under subsection (1) unlessthe youth justice court is satisfied thaton the evidence custody is necessary to conduct an assessment of the young person, oron 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; orthe 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 writingFor the purposes of paragraph (4)(a), if 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 if circumstances changeA youth justice court may, at any time while an order made under subsection (1) is in force, on cause being shown, vary the terms and conditions specified in the order in any manner that the court considers appropriate in the circumstances.Disclosure of reportWhen a youth justice court receives a report made in respect of a young person under subsection (1),the court shall, subject to subsection (9), cause a copy of the report to be given tothe young person,any parent of the young person who is in attendance at the proceedings against the young person,any counsel representing the young person, andthe prosecutor; andthe court may cause a copy of the report to be given toa parent of the young person who is not in attendance at the proceedings if the parent is, in the opinion of the court, taking an active interest in the proceedings, ordespite subsection 119(6) (restrictions respecting access to certain records), the provincial director, or the director of the provincial correctional facility for adults or the penitentiary at which the young person is serving a youth sentence, if, in the opinion of the court, withholding the report would jeopardize the safety of any person.Cross-examinationWhen a report is made in respect of a young person under subsection (1), the young person, his or her counsel or the adult assisting the young person under subsection 25(7) and the prosecutor shall, subject to subsection (9), on application to the youth justice court, be given an opportunity to cross-examine the person who made the report.Non-disclosure in certain casesA youth justice court shall withhold all or part of a report made in respect of a young person under subsection (1) from a private prosecutor, if 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.Non-disclosure in certain casesA youth justice court shall withhold all or part of a report made in respect of a young person under subsection (1) from the young person, the young person’s parents or a private prosecutor if 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 the report or part 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.Exception — interests of justiceDespite subsection (10), the youth justice court may release all or part of the report to the young person, the young person’s parents or the private prosecutor if the court is of the opinion that the interests of justice make disclosure essential.Report to be part of recordA report made under subsection (1) forms part of the record of the case in respect of which it was requested.Disclosure by qualified personDespite 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 or her 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 under subsection (1).Definition of qualified personIn 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, if no such law exists, a person who is, in the opinion of the youth justice court, so qualified, and includes a person or a member of a class of persons designated by the lieutenant governor in council of a province or his or her delegate.
Referral to Child Welfare Agency
Referral to child welfare agencyIn addition to any order that it is authorized to make, a youth justice court may, at any stage of proceedings against a young person, refer the young person to a child welfare agency for assessment to determine whether the young person is in need of child welfare services.
Adjudication
When young person pleads guiltyIf a young person pleads guilty to an offence charged against the young person and the youth justice court is satisfied that the facts support the charge, the court shall find the young person guilty of the offence.When young person pleads not guiltyIf a young person charged with an offence pleads not guilty to the offence or pleads guilty but the youth justice court is not satisfied that the facts support the charge, the court shall 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.
Appeals
AppealsAn appeal in respect of an indictable offence or an offence that the Attorney General elects to proceed with as an indictable offence lies under this Act in accordance with Part XXI (appeals — indictable offences) of the Criminal Code, which Part applies with any modifications that the circumstances require.Appeals for contempt of courtA finding of guilt under section 15 for contempt of court or a sentence imposed in respect of the finding may be appealed as if the finding were a conviction or the sentence were a sentence in a prosecution by indictment.AppealSection 10 of the Criminal Code applies if a person is convicted of contempt of court under subsection 27(4) (failure of parent to attend court).Appeals heard togetherAn order under subsection 72(1) or (1.1) (adult or youth sentence), 75(2) (lifting of ban on publication) or 76(1) (placement when subject to adult sentence) may be appealed as part of the sentence and, unless the court to which the appeal is taken otherwise orders, if more than one of these is appealed they must be part of the same appeal proceeding.Appeals for summary conviction offencesAn appeal in respect of an offence punishable on summary conviction or an offence that the Attorney General elects to proceed with as an offence punishable on summary conviction lies under this Act in accordance with Part XXVII (summary conviction offences) of the Criminal Code, which Part applies with any modifications that the circumstances require.Appeals where offences are tried jointlyAn appeal in respect of one or more indictable offences and one or more summary conviction offences that are tried jointly or in respect of which youth sentences are jointly imposed lies under this Act in accordance with Part XXI (appeals — indictable offences) of the Criminal Code, which Part applies with any modifications that the circumstances require.Deemed electionFor the purpose of appeals under this Act, if 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 is deemed to have elected to proceed with the offence as an offence punishable on summary conviction.If the youth justice court is a superior courtIn any province where the youth justice court is a superior court, an appeal under subsection (5) shall be made to the court of appeal of the province.NunavutDespite subsection (8), if the Nunavut Court of Justice is acting as a youth justice court, an appeal under subsection (5) shall be made to a judge of the Nunavut Court of Appeal, and an appeal of that judge’s decision shall be made to the Nunavut Court of Appeal in accordance with section 839 of the Criminal Code.Appeal to the Supreme Court of CanadaNo appeal lies under subsection (1) from a judgment of the court of appeal in respect of a finding of guilt or an order dismissing an information or indictment to the Supreme Court of Canada unless leave to appeal is granted by the Supreme Court of Canada.No appeal from youth sentence on reviewNo appeal lies from a youth sentence under section 59 or any of sections 94 to 96.
  • 2002, c. 1, s. 37;
  • 2012, c. 1, s. 171.
Previous Version
SENTENCINGPurpose and Principles
PurposeThe purpose of sentencing under section 42 (youth sentences) is to hold a young person accountable for an offence through the imposition of just sanctions that have meaningful consequences for the young person and that promote his or her rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public.Sentencing principlesA youth justice court that imposes a youth sentence on a young person shall determine the sentence in accordance with the principles set out in section 3 and the following principles:the sentence must not result in a punishment that is greater than the punishment that would be appropriate for an adult who has been convicted of the same offence committed in similar circumstances;the sentence must be similar to the sentences imposed in the region on similar young persons found guilty of the same offence committed in similar circumstances;the sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the young person for that offence;all available sanctions other than custody that are reasonable in the circumstances should be considered for all young persons, with particular attention to the circumstances of aboriginal young persons;subject to paragraph (c), the sentence mustbe the least restrictive sentence that is capable of achieving the purpose set out in subsection (1),be the one that is most likely to rehabilitate the young person and reintegrate him or her into society, andpromote a sense of responsibility in the young person, and an acknowledgement of the harm done to victims and the community; andsubject to paragraph (c), the sentence may have the following objectives:to denounce unlawful conduct, andto deter the young person from committing offences.Factors to be consideredIn determining a youth sentence, the youth justice court shall take into accountthe degree of participation by the young person in the commission of the offence;the harm done to victims and whether it was intentional or reasonably foreseeable;any reparation made by the young person to the victim or the community;the time spent in detention by the young person as a result of the offence;the previous findings of guilt of the young person; andany other aggravating and mitigating circumstances related to the young person or the offence that are relevant to the purpose and principles set out in this section.
  • 2002, c. 1, s. 38;
  • 2012, c. 1, s. 172.
Previous Version
Committal to custodyA youth justice court shall not commit a young person to custody under section 42 (youth sentences) unlessthe young person has committed a violent offence;the young person has failed to comply with non-custodial sentences;the young person has committed an indictable offence for which an adult would be liable to imprisonment for a term of more than two years and has a history that indicates a pattern of either extrajudicial sanctions or of findings of guilt or of both under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985; orin exceptional cases where the young person has committed an indictable offence, the aggravating circumstances of the offence are such that the imposition of a non-custodial sentence would be inconsistent with the purpose and principles set out in section 38.Alternatives to custodyIf any of paragraphs (1)(a) to (c) apply, a youth justice court shall not impose a custodial sentence under section 42 (youth sentences) unless the court has considered all alternatives to custody raised at the sentencing hearing that are reasonable in the circumstances, and determined that there is not a reasonable alternative, or combination of alternatives, that is in accordance with the purpose and principles set out in section 38.Factors to be consideredIn determining whether there is a reasonable alternative to custody, a youth justice court shall consider submissions relating tothe alternatives to custody that are available;the likelihood that the young person will comply with a non-custodial sentence, taking into account his or her compliance with previous non-custodial sentences; andthe alternatives to custody that have been used in respect of young persons for similar offences committed in similar circumstances.Imposition of same sentenceThe previous imposition of a particular non-custodial sentence on a young person does not preclude a youth justice court from imposing the same or any other non-custodial sentence for another offence.Custody as social measure prohibitedA youth justice court shall not use custody as a substitute for appropriate child protection, mental health or other social measures.Pre-sentence reportBefore imposing a custodial sentence under section 42 (youth sentences), a youth justice court shall consider a pre-sentence report and any sentencing proposal made by the young person or his or her counsel.Report dispensed withA youth justice court may, with the consent of the prosecutor and the young person or his or her counsel, dispense with a pre-sentence report if the court is satisfied that the report is not necessary.Length of custodyIn determining the length of a youth sentence that includes a custodial portion, a youth justice court shall be guided by the purpose and principles set out in section 38, and shall not take into consideration the fact that the supervision portion of the sentence may not be served in custody and that the sentence may be reviewed by the court under section 94.ReasonsIf a youth justice court imposes a youth sentence that includes a custodial portion, the court shall state the reasons why it has determined that a non-custodial sentence is not adequate to achieve the purpose set out in subsection 38(1), including, if applicable, the reasons why the case is an exceptional case under paragraph (1)(d).
  • 2002, c. 1, s. 39;
  • 2012, c. 1, s. 173.
Previous Version
Pre-sentence Report
Pre-sentence reportBefore imposing sentence on a young person found guilty of an offence, a youth justice courtshall, if it is required under this Act to consider a pre-sentence report before making an order or a sentence in respect of a young person, andmay, if it considers it advisable,require the provincial director to cause to be prepared a pre-sentence report in respect of the young person and to submit the report to the court.Contents of reportA pre-sentence report made in respect of a young person shall, subject to subsection (3), be in writing and shall include the following, to the extent that it is relevant to the purpose and principles of sentencing set out in section 38 and to the restrictions on custody set out in section 39:the results of an interview with the young person and, if reasonably possible, the parents of the young person and, if appropriate and reasonably possible, members of the young person’s extended family;the results of an interview with the victim in the case, if applicable and reasonably possible;the recommendations resulting from any conference referred to in section 41;any information that is applicable to the case, includingthe age, maturity, character, behaviour and attitude of the young person and his or her willingness to make amends,any plans put forward by the young person to change his or her conduct or to participate in activities or undertake measures to improve himself or herself,subject to subsection 119(2) (period of access to records), 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 for offences under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or under this or any other Act of Parliament or any regulation made under it, 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 or her,subject to subsection 119(2) (period of access to records), the history of alternative measures under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or extrajudicial sanctions used to deal with the young person and the response of the young person to those measures or sanctions,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,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, if 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, andthe school attendance and performance record and the employment record of the young person;any information that may assist the court in determining under subsection 39(2) whether there is an alternative to custody; andany information that the provincial director considers relevant, including any recommendation that the provincial director considers appropriate.Oral report with leaveIf a pre-sentence report cannot reasonably be committed to writing, it may, with leave of the youth justice court, be submitted orally in court.Report forms part of recordA pre-sentence report shall form part of the record of the case in respect of which it was requested.Copies of pre-sentence reportIf a pre-sentence report made in respect of a young person is submitted to a youth justice court in writing, the courtshall, subject to subsection (7), cause a copy of the report to be given tothe young person,any parent of the young person who is in attendance at the proceedings against the young person,any counsel representing the young person, andthe prosecutor; andmay cause a copy of the report to be given to a parent of the young person who is not in attendance at the proceedings if the parent is, in the opinion of the court, taking an active interest in the proceedings.Cross-examinationIf a pre-sentence report made in respect of a young person is submitted to a youth justice court, the young person, his or her counsel or the adult assisting the young person under subsection 25(7) and the prosecutor shall, subject to subsection (7), on application to the court, be given the opportunity to cross-examine the person who made the report.Report may be withheld from private prosecutorIf a pre-sentence report made in respect of a young person is submitted to a youth justice court, the court may, when the prosecutor is a private prosecutor and disclosure of all or part of the report 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,withhold the report or part from the prosecutor, if the report is submitted in writing; orexclude the prosecutor from the court during the submission of the report or part, if the report is submitted orally in court.Report disclosed to other personsIf a pre-sentence report made in respect of a young person is submitted to a youth justice court, the courtshall, on request, cause a copy or a transcript of the report to be supplied toany court that is dealing with matters relating to the young person, andany youth worker to whom the young person’s case has been assigned; andmay, on request, cause a copy or a transcript of all or part of the report 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 directorA provincial director who submits a pre-sentence report made in respect of a young person to a youth justice court may make all or part of the report 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 statementsNo statement made by a young person in the course of the preparation of a pre-sentence report in respect of the young person is admissible in evidence against any young person in civil or criminal proceedings except those under section 42 (youth sentences), 59 (review of non-custodial sentence) or 71 (hearing — adult sentences) or any of sections 94 to 96 (reviews and other proceedings related to custodial sentences).
Youth Sentences
Recommendation of conferenceWhen a youth justice court finds a young person guilty of an offence, the court may convene or cause to be convened a conference under section 19 for recommendations to the court on an appropriate youth sentence.
Considerations as to youth sentenceA youth justice court shall, before imposing a youth sentence, consider any recommendations submitted under section 41, any pre-sentence report, 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.Youth sentenceWhen a youth justice court finds a young person guilty of an offence and is imposing a youth sentence, the court shall, subject to this section, impose any one of the following sanctions or any number of them that are not inconsistent with each other and, if the offence is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, the court shall impose a sanction set out in paragraph (q) or subparagraph (r)(ii) or (iii) and may impose any other of the sanctions set out in this subsection that the court considers appropriate:reprimand the young person;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;by order direct that the young person be discharged on any conditions that the court considers appropriate and may require the young person to report to and be supervised by the provincial director;impose on the young person a fine not exceeding $1,000 to be paid at the time and on the terms that the court may fix;order the young person to pay to any other person at the times and on the terms that the court may fix an amount by way of compensation for loss of or damage to property or for loss of income or support, or an amount for, in the Province of Quebec, pre-trial pecuniary loss or, in any other province, special damages, for personal injury arising from the commission of the offence if the value is readily ascertainable, but no order shall be made for other damages in the Province of Quebec or for general damages in any other province;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 the time that the court may fix, if the property is owned by the other person or was, at the time of the offence, in his or her lawful possession;if 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 the time and on the terms that the court may fix, an amount not exceeding the amount paid by the purchaser for the property;subject to section 54, order the young person to compensate any person in kind or by way of personal services at the time and on the terms that 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 (e) or (g);subject to section 54, order the young person to perform a community service at the time and on the terms that the court may fix, and to report to and be supervised by the provincial director or a person designated by the youth justice court;subject to section 51 (mandatory prohibition order), make any order of prohibition, seizure or forfeiture that may be imposed under any Act of Parliament or any regulation made under it if an accused is found guilty or convicted of that offence, other than an order under section 161 of the Criminal Code;place the young person on probation in accordance with sections 55 and 56 (conditions and other matters related to probation orders) for a specified period not exceeding two years;subject to subsection (3) (agreement of provincial director), order the young person into an intensive support and supervision program approved by the provincial director;subject to subsection (3) (agreement of provincial director) and section 54, order the young person to attend a non-residential program approved by the provincial director, at the times and on the terms that the court may fix, for a maximum of two hundred and forty hours, over a period not exceeding six months;make a custody and supervision order with respect to the young person, ordering that a period be served in custody and that a second period — which is one half as long as the first — be served, subject to sections 97 (conditions to be included) and 98 (continuation of custody), under supervision in the community subject to conditions, the total of the periods not to exceed two years from the date of the coming into force of the order or, if 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 coming into force of the order;in the case of an offence set out in section 239 (attempt to commit murder), 232, 234 or 236 (manslaughter) or 273 (aggravated sexual assault) of the Criminal Code, make a custody and supervision order in respect of the young person for a specified period not exceeding three years from the date of committal that orders the young person to be committed into a continuous period of custody for the first portion of the sentence and, subject to subsection 104(1) (continuation of custody), to serve the remainder of the sentence under conditional supervision in the community in accordance with section 105;subject to subsection (5), make a deferred custody and supervision order that is for a specified period not exceeding six months, subject to the conditions set out in subsection 105(2), and to any conditions set out in subsection 105(3) that the court considers appropriate;order the young person to serve a sentence not to exceedin the case of first degree murder, ten years comprised ofa committal to custody, to be served continuously, for a period that must not, subject to subsection 104(1) (continuation of custody), exceed six years from the date of committal, anda placement under conditional supervision to be served in the community in accordance with section 105, andin the case of second degree murder, seven years comprised ofa committal to custody, to be served continuously, for a period that must not, subject to subsection 104(1) (continuation of custody), exceed four years from the date of committal, anda placement under conditional supervision to be served in the community in accordance with section 105;subject to subsection (7), make an intensive rehabilitative custody and supervision order in respect of the young personthat is for a specified period that must not exceedtwo years from the date of committal, orif 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,and that orders the young person to be committed into a continuous period of intensive rehabilitative custody for the first portion of the sentence and, subject to subsection 104(1) (continuation of custody), to serve the remainder under conditional supervision in the community in accordance with section 105,that is for a specified period that must not exceed, in the case of first degree murder, ten years from the date of committal, comprisinga committal to intensive rehabilitative custody, to be served continuously, for a period that must not exceed six years from the date of committal, andsubject to subsection 104(1) (continuation of custody), a placement under conditional supervision to be served in the community in accordance with section 105, andthat is for a specified period that must not exceed, in the case of second degree murder, seven years from the date of committal, comprisinga committal to intensive rehabilitative custody, to be served continuously, for a period that must not exceed four years from the date of committal, andsubject to subsection 104(1) (continuation of custody), a placement under conditional supervision to be served in the community in accordance with section 105; andimpose on the young person any other reasonable and ancillary conditions that the court considers advisable and in the best interests of the young person and the public.Agreement of provincial directorA youth justice court may make an order under paragraph (2)(l) or (m) only if the provincial director has determined that a program to enforce the order is available.Youth justice court statementWhen the youth justice court makes a custody and supervision order with respect to a young person under paragraph (2)(n), the court shall state the following with respect to that order:You are ordered to serve (state the number of days or months to be served) in custody, to be followed by (state one-half of the number of days or months stated above) to be served under supervision in the community subject to conditions.If you breach any of the conditions while you are under supervision in the community, you may be brought back into custody and required to serve the rest of the second period in custody as well.You should also be aware that, under other provisions of the Youth Criminal Justice Act, a court could require you to serve the second period in custody as well.The periods in custody and under supervision in the community may be changed if you are or become subject to another sentence.Deferred custody and supervision orderThe court may make a deferred custody and supervision order under paragraph (2)(p) ifthe young person is found guilty of an offence other than one in the commission of which a young person causes or attempts to cause serious bodily harm; andit is consistent with the purpose and principles set out in section 38 and the restrictions on custody set out in section 39.Application of sections 106 to 109Sections 106 to 109 (suspension of conditional supervision) apply to a breach of a deferred custody and supervision order made under paragraph (2)(p) as if the breach were a breach of an order for conditional supervision made under subsection 105(1) and, for the purposes of sections 106 to 109, supervision under a deferred custody and supervision order is deemed to be conditional supervision.Intensive rehabilitative custody and supervision orderA youth justice court may make an intensive rehabilitative custody and supervision order under paragraph (2)(r) in respect of a young person only ifeitherthe young person has been found guilty of a serious violent offence, orthe young person has been found guilty of an offence, in the commission of which the young person caused or attempted to cause serious bodily harm and for which an adult is liable to imprisonment for a term of more than two years, and the young person had previously been found guilty at least twice of such an offence;the young person is suffering from a mental illness or disorder, a psychological disorder or an emotional disturbance;a plan of treatment and intensive supervision has been developed for the young person, and there are reasonable grounds to believe that the plan might reduce the risk of the young person repeating the offence or committing a serious violent offence; andthe provincial director has determined that an intensive rehabilitative custody and supervision program is available and that the young person’s participation in the program is appropriate.Safeguard of rightsNothing in this section abrogates or derogates from the rights of a young person regarding consent to physical or mental health treatment or care.[Repealed, 2012, c. 1, s. 174]InconsistencyAn order may not be made under paragraphs (2)(k) to (m) in respect of an offence for which a conditional discharge has been granted under paragraph (2)(c).Coming into force of youth sentenceA youth sentence or any part of it comes into force on the date on which it is imposed or on any later date that the youth justice court specifies.Consecutive youth sentencesSubject to subsections (15) and (16), a youth justice court that sentences a young person may direct that a sentence imposed on the young person under paragraph (2)(n), (o), (q) or (r) be served consecutively if the young personis sentenced while under sentence for an offence under any of those paragraphs; oris found guilty of more than one offence under any of those paragraphs.Duration of youth sentence for a single offenceNo youth sentence, other than an order made under paragraph (2)(j), (n), (o), (q) or (r), shall continue in force for more than two years. If the youth sentence comprises more than one sanction imposed at the same time in respect of the same offence, the combined duration of the sanctions shall not exceed two years, unless the sentence includes a sanction under paragraph (2)(j), (n), (o), (q) or (r) that exceeds two years.Duration of youth sentence for different offencesSubject to subsection (16), if more than one youth sentence is imposed under this section in respect of a young person with respect to different offences, the continuous combined duration of those youth sentences shall not exceed three years, except if one of the 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 youth sentences shall not exceed ten years in the case of first degree murder, or seven years in the case of second degree murder.Duration of youth sentences made at different timesIf a youth sentence is imposed in respect of an offence committed by a young person after the commencement of, but before the completion of, any youth sentences imposed on the young person,the duration of the sentence imposed in respect of the subsequent offence shall be determined in accordance with subsections (14) and (15);the sentence may be served consecutively to the sentences imposed in respect of the previous offences; andthe combined duration of all the sentences may exceed three years and, if the offence is, or one of the previous offences was,first degree murder within the meaning of section 231 of the Criminal Code, the continuous combined duration of the youth sentences may exceed ten years, orsecond degree murder within the meaning of section 231 of the Criminal Code, the continuous combined duration of the youth sentences may exceed seven years.Sentence continues when adultSubject to sections 89, 92 and 93 (provisions related to placement in adult facilities) of this Act and section 743.5 (transfer of jurisdiction) of the Criminal Code, a youth sentence imposed on a young person continues in effect in accordance with its terms after the young person becomes an adult.
  • 2002, c. 1, s. 42;
  • 2012, c. 1, s. 174.
Previous Version
Additional youth sentencesSubject to subsection 42(15) (duration of youth sentences), if a young person who is subject to a custodial sentence imposed under paragraph 42(2)(n), (o), (q) or (r) that has not expired receives an additional youth sentence under one of those paragraphs, the young person is, for the purposes of the Corrections and Conditional Release Act, the Criminal Code, the Prisons and Reformatories Act and this Act, deemed to have been sentenced to one youth sentence commencing at the beginning of the first of those youth sentences to be served and ending on the expiry of the last of them to be served.
Custodial portion if additional youth sentenceSubject to subsection 42(15) (duration of youth sentences) and section 46 (exception when youth sentence in respect of earlier offence), if an additional youth sentence under paragraph 42(2)(n), (o), (q) or (r) is imposed on a young person on whom a youth sentence had already been imposed under one of those paragraphs that has not expired and the expiry date of the youth sentence that includes the additional youth sentence, as determined in accordance with section 43, is later than the expiry date of the youth sentence that the young person was serving before the additional youth sentence was imposed, the custodial portion of the young person’s youth sentence is, from the date the additional sentence is imposed, the total ofthe unexpired portion of the custodial portion of the youth sentence before the additional youth sentence was imposed, andthe relevant period set out in subparagraph (i), (ii) or (iii):if the additional youth sentence is imposed under paragraph 42(2)(n), the period that is two thirds of the period that constitutes the difference between the expiry of the youth sentence as determined in accordance with section 43 and the expiry of the youth sentence that the young person was serving before the additional youth sentence was imposed,if the additional youth sentence is a concurrent youth sentence imposed under paragraph 42(2)(o), (q) or (r), the custodial portion of the youth sentence imposed under that paragraph that extends beyond the expiry date of the custodial portion of the sentence being served before the imposition of the additional sentence, orif the additional youth sentence is a consecutive youth sentence imposed under paragraph 42(2)(o), (q) or (r), the custodial portion of the additional youth sentence imposed under that paragraph.
Supervision when additional youth sentence extends the period in custodyIf a young person has begun to serve a portion of a youth sentence in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r) at the time an additional youth sentence is imposed under one of those paragraphs, and, as a result of the application of section 44, the custodial portion of the young person’s youth sentence ends on a day that is later than the day on which the young person received the additional youth sentence, the serving of a portion of the youth sentence under supervision in the community subject to conditions or under conditional supervision shall become inoperative and the young person shall be committed to custody under paragraph 102(1)(b) or 106(b) until the end of the extended portion of the youth sentence to be served in custody.Supervision when additional youth sentence does not extend the period in custodyIf a youth sentence has been imposed under paragraph 42(2)(n), (o), (q) or (r) on a young person who is under supervision in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r), and the additional youth sentence would not modify the expiry date of the youth sentence that the young person was serving at the time the additional youth sentence was imposed, the young person may be remanded to the youth custody facility that the provincial director considers appropriate. The provincial director shall review the case and, no later than forty-eight hours after the remand of the young person, shall either refer the case to the youth justice court for a review under section 103 or 109 or release the young person to continue the supervision in the community or the conditional supervision.Supervision when youth sentence additional to supervisionIf a youth sentence has been imposed under paragraph 42(2)(n), (o), (q) or (r) on a young person who is under conditional supervision under paragraph 94(19)(b) or subsection 96(5), the young person shall be remanded to the youth custody facility that the provincial director considers appropriate. The provincial director shall review the case and, no later than forty-eight hours after the remand of the young person, shall either refer the case to the youth justice court for a review under section 103 or 109 or release the young person to continue the conditional supervision.
Exception when youth sentence in respect of earlier offenceThe total of the custodial portions of a young person’s youth sentences shall not exceed six years calculated from the beginning of the youth sentence that is determined in accordance with section 43 ifa youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) on the young person already serving a youth sentence under one of those paragraphs; andthe later youth sentence imposed is in respect of an offence committed before the commencement of the earlier youth sentence.
Committal to custody deemed continuousSubject to subsections (2) and (3), a young person who is sentenced under paragraph 42(2)(n) is deemed to be committed to continuous custody for the custodial portion of the sentence.Intermittent custodyIf the sentence does not exceed ninety days, the youth justice court may order that the custodial portion of the sentence be served intermittently if it is consistent with the purpose and principles set out in section 38.Availability of place of intermittent custodyBefore making an order of committal to intermittent custody, the youth justice 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 youth custody facility in which an order of intermittent custody can be enforced and, if the report discloses that no such youth custody facility is available, the court shall not make the order.
Reasons for the sentenceWhen a youth justice court imposes a youth sentence, it shall state its reasons for the sentence in the record of the case and shall, on request, give or cause to be given a copy of the sentence and the reasons for the sentence tothe young person, the young person’s counsel, a parent of the young person, the provincial director and the prosecutor; andin the case of a committal to custody under paragraph 42(2)(n), (o), (q) or (r), the review board.
Warrant of committalWhen a young person is committed to custody, the youth justice court shall issue or cause to be issued a warrant of committal.Custody during transferA 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 any place of temporary detention referred to in subsection 30(1) that the provincial director may specify.Subsection 30(3) appliesSubsection 30(3) (detention separate from adults) applies, with any modifications that the circumstances require, in respect of a person held in a place of temporary detention under subsection (2).
Application of Part XXIII of Criminal CodeSubject to section 74 (application of Criminal Code to adult sentences), Part XXIII (sentencing) of the Criminal Code does not apply in respect of proceedings under this Act except for paragraph 718.2(e) (sentencing principle for aboriginal offenders), sections 722 (victim impact statements), 722.1 (copy of statement) and 722.2 (inquiry by court), subsection 730(2) (court process continues in force) and sections 748 (pardons and remissions), 748.1 (remission by the Governor in Council) and 749 (royal prerogative) of that Act, which provisions apply with any modifications that the circumstances require.Section 787 of Criminal Code does not applySection 787 (general penalty) of the Criminal Code does not apply in respect of proceedings under this Act.
Mandatory prohibition orderDespite section 42 (youth sentences), when 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 justice court shall, in addition to imposing a sentence under section 42 (youth sentences), make an order prohibiting the young person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance during the period specified in the order as determined in accordance with subsection (2).Duration of prohibition orderAn 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 has completed the custodial portion of the sentence or, if the young person is not subject to custody, after the time the young person is found guilty of the offence.Discretionary prohibition orderDespite section 42 (youth sentences), 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 justice court shall, in addition to imposing a sentence under section 42 (youth sentences), consider whether it is desirable, in the interests of the safety of the young person or of any other person, to make an order prohibiting the young 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 orderAn 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 has completed the custodial portion of the sentence or, if the young person is not subject to custody, after the time the young person is found guilty of the offence.Reasons for the prohibition orderWhen a youth justice court makes an order under this section, it shall state its reasons for making the order in the record of the case and shall give or cause to be given a copy of the order and, on request, a transcript or copy of the reasons to the young person against whom the order was made, the counsel and a parent of the young person and the provincial director.ReasonsWhen the youth justice court does not make an order under subsection (3), or when the youth justice court does make such an order but does not prohibit the possession of everything referred to in that subsection, the youth justice court shall include in the record a statement of the youth justice court’s reasons.Application of Criminal CodeSections 113 to 117 (firearm prohibition orders) of the Criminal Code apply in respect of any order made under this section.ReportBefore making an order referred to in section 113 (lifting firearms order) of the Criminal Code in respect of a young person, the youth justice court may require the provincial director to cause to be prepared, and to submit to the youth justice court, a report on the young person.
Review of order made under section 51A youth justice court may, on application, review an order made under section 51 at any time after the end of the period set out in subsection 119(2) (period of access to records) that applies to the record of the offence that resulted in the order being made.GroundsIn conducting a review under this section, the youth justice court shall take into accountthe nature and circumstances of the offence in respect of which the order was made; andthe safety of the young person and of other persons.Decision of reviewWhen a youth justice court conducts a review under this section, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard,confirm the order;revoke the order; orvary the order as it considers appropriate in the circumstances of the case.New order not to be more onerousNo variation of an order made under paragraph (3)(c) may be more onerous than the order being reviewed.Application of provisionsSubsections 59(3) to (5) apply, with any modifications that the circumstances require, in respect of a review under this section.
Funding for victimsThe lieutenant governor in council of a province may order that, in respect of any fine imposed in the province under paragraph 42(2)(d), a percentage of the fine as fixed by the lieutenant governor in council be used to provide such assistance to victims of offences as the lieutenant governor in council may direct from time to time.Victim fine surchargeIf the lieutenant governor in council of a province has not made an order under subsection (1), a youth justice court that imposes a fine on a young person under paragraph 42(2)(d) may, in addition to any other punishment imposed on the young person, order the young person to pay a victim fine surcharge in an amount not exceeding fifteen per cent of the fine. The surcharge shall be used to provide such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.
Where a fine or other payment is orderedThe youth justice court shall, in imposing a fine under paragraph 42(2)(d) or in making an order under paragraph 42(2)(e) or (g), have regard to the present and future means of the young person to pay.Discharge of fine or surchargeA young person on whom a fine is imposed under paragraph 42(2)(d), including any percentage of a fine imposed under subsection 53(1), or on whom a victim fine surcharge is imposed under subsection 53(2), may discharge the fine or surcharge in whole or in part by earning credits for work performed in a program established for that purposeby the lieutenant governor in council of the province in which the fine or surcharge was imposed; orby the lieutenant governor in council of the province in which the young person resides, if an appropriate agreement is in effect between the government of that province and the government of the province in which the fine or surcharge was imposed.Rates, crediting and other mattersA 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 or surcharge and any other matters necessary for or incidental to carrying out the program.Representations respecting orders under paragraphs 42(2)(e) to (h)In considering whether to make an order under any of paragraphs 42(2)(e) to (h), the youth justice 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 paragraphs 42(2)(e) to (h)If the youth justice court makes an order under any of paragraphs 42(2)(e) to (h), 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 compensatedNo order may be made under paragraph 42(2)(h) unless the youth justice court has secured the consent of the person to be compensated.Orders under paragraph 42(2)(h), (i) or (m)No order may be made under paragraph 42(2)(h), (i) or (m) unless the youth justice court is satisfied thatthe young person against whom the order is made is a suitable candidate for such an order; andthe order does not interfere with the normal hours of work or education of the young person.Duration of order for serviceNo order may be made under paragraph 42(2)(h) or (i) to perform personal or community services unless those services can be completed in two hundred and forty hours or less and within twelve months after the date of the order.Community service orderNo order may be made under paragraph 42(2)(i) unlessthe community service to be performed is part of a program that is approved by the provincial director; orthe youth justice 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 youth sentenceA youth justice court may, on application by or on behalf of the young person in respect of whom a youth sentence has been imposed under any of paragraphs 42(2)(d) to (i), allow further time for the completion of the sentence subject to any regulations made under paragraph 155(b) and to any rules made by the youth justice court under subsection 17(1).
Conditions that must appear in ordersThe youth justice court shall prescribe, as conditions of an order made under paragraph 42(2)(k) or (l), that the young personkeep the peace and be of good behaviour; andappear before the youth justice court when required by the court to do so.Conditions that may appear in ordersA youth justice court may prescribe, as conditions of an order made under paragraph 42(2)(k) or (l), that a young person do one or more of the following that the youth justice court considers appropriate in the circumstances:report to and be supervised by the provincial director or a person designated by the youth justice court;notify the clerk of the youth justice court, the provincial director or the youth worker assigned to the case of any change of address or any change in the young person’s place of employment, education or training;remain within the territorial jurisdiction of one or more courts named in the order;make reasonable efforts to obtain and maintain suitable employment;attend school or any other place of learning, training or recreation that is appropriate, if the youth justice court is satisfied that a suitable program for the young person is available there;reside with a parent, or any other adult that the youth justice court considers appropriate, who is willing to provide for the care and maintenance of the young person;reside at a place that the provincial director may specify;comply with any other conditions set out in the order that the youth justice court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences; andnot own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order.
Communication of orderA youth justice court that makes an order under paragraph 42(2)(k) or (l) shallcause the order to be read by or to the young person bound by it;explain or cause to be explained to the young person the purpose and effect of the order, and confirm that the young person understands it; andcause a copy of the order to be given to the young person, and to any parent of the young person who is in attendance at the sentencing hearing.Copy of order to parentA youth justice court that makes an order under paragraph 42(2)(k) or (l) may cause a copy to be given to a parent of the young person who is not in attendance at the proceedings if the parent is, in the opinion of the court, taking an active interest in the proceedings.Endorsement of order by young personAfter the order has been read and explained under subsection (1), the young person shall endorse on the order an acknowledgement that the young person has received a copy of the order and had its purpose and effect explained.Validity of orderThe failure of a young person to endorse the order or of a parent to receive a copy of the order does not affect the validity of the order.Commencement of orderAn order made under paragraph 42(2)(k) or (l) comes into forceon the date on which it is made; orif a young person receives a sentence that includes a period of continuous custody and supervision, at the end of the period of supervision.Effect of order in case of custodyIf a young person is subject to a sentence that includes both a period of continuous custody and supervision and an order made under paragraph 42(2)(k) or (l), and the court orders under subsection 42(12) a delay in the start of the period of custody, the court may divide the period that the order made under paragraph 42(2)(k) or (l) is in effect, with the first portion to have effect from the date on which it is made until the start of the period of custody, and the remainder to take effect at the end of the period of supervision.Notice to appearA young person may be given notice either orally or in writing to appear before the youth justice court under paragraph 55(1)(b).Warrant in default of appearanceIf service of a notice in writing is proved and the young person fails to attend court in accordance with the notice, a youth justice court may issue a warrant to compel the appearance of the young person.
Transfer of youth sentenceWhen a youth sentence has been imposed under any of paragraphs 42(2)(d) to (i), (k), (l) or (s) 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 justice court that imposed the youth sentence, whether in the same or in another province, a youth justice court judge in the territorial division in which the youth sentence was imposed may, on the application 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, transfer to a youth justice court in another territorial division the youth sentence and any portion of the record of the case that is appropriate. All subsequent proceedings relating to the case shall then be carried out and enforced by that court.No transfer outside province before appeal completedNo youth sentence may be transferred from one province to another under this section until the time for an appeal against the youth sentence or the finding on which the youth sentence was based has expired or until all proceedings in respect of any such appeal have been completed.Transfer to a province when person is adultWhen an application is made under subsection (1) to transfer the youth sentence of a young person to a province in which the young person is an adult, a youth justice court judge may, with the consent of the Attorney General, transfer the youth sentence and the record of the case to the youth justice court in the province to which the transfer is sought, and the youth justice court to which the case is transferred shall have full jurisdiction in respect of the youth sentence as if that court had imposed the youth sentence. The person shall be further dealt with in accordance with this Act.
Interprovincial arrangementsWhen a youth sentence has been imposed under any of paragraphs 42(2)(k) to (r) in respect of a young person, the youth sentence in one province may be dealt with in any other province in accordance with any agreement that may have been made between those provinces.Youth justice court retains jurisdictionSubject to subsection (3), when a youth sentence imposed in respect of a young person is dealt with under this section in a province other than that in which the youth sentence was imposed, the youth justice court of the province in which the youth sentence was imposed retains, for all purposes of this Act, exclusive jurisdiction over the young person as if the youth sentence 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 youth sentence was imposed as if it were executed or served in that province.Waiver of jurisdictionWhen a youth sentence imposed in respect of a young person is dealt with under this section in a province other than the one in which the youth sentence was imposed, the youth justice court of the province in which the youth sentence was imposed may, with the consent in writing of the Attorney General of that province and the young person, waive its jurisdiction, for the purpose of any proceeding under this Act, to the youth justice court of the province in which the youth sentence is dealt with, in which case the youth justice court in the province in which the youth sentence is dealt with shall have full jurisdiction in respect of the youth sentence as if that court had imposed the youth sentence.
Review of youth sentences not involving custodyWhen a youth justice court has imposed a youth sentence in respect of a young person, other than a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the youth justice court shall, on the application of the young person, the young person’s parent, the Attorney General or the provincial director, made at any time after six months after the date of the youth sentence or, with leave of a youth justice court judge, at any earlier time, review the youth sentence if the court is satisfied that there are grounds for a review under subsection (2).Grounds for reviewA review of a youth sentence may be made under this sectionon the ground that the circumstances that led to the youth sentence have changed materially;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 youth sentence;on the ground that the young person in respect of whom the review is to be made has contravened a condition of an order made under paragraph 42(2)(k) or (l) without reasonable excuse;on the ground that the terms of the youth sentence are adversely affecting the opportunities available to the young person to obtain services, education or employment; oron any other ground that the youth justice court considers appropriate.Progress reportThe youth justice court may, before reviewing under this section a youth sentence imposed in respect of a young person, require the provincial director to cause to be prepared, and to submit to the youth justice court, a progress report on the performance of the young person since the youth sentence took effect.Subsections 94(10) to (12) applySubsections 94(10) to (12) apply, with any modifications that the circumstances require, in respect of any progress report required under subsection (3).Subsections 94(7) and (14) to (18) applySubsections 94(7) and (14) to (18) apply, with any modifications that the circumstances require, in respect of reviews made under this section and any notice required under subsection 94(14) shall also be given to the provincial director.Compelling appearance of young personThe youth justice 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 justice court for the purposes of the review.Decision of the youth justice court after reviewWhen a youth justice court reviews under this section a youth sentence imposed in respect of a young person, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard,confirm the youth sentence;terminate the youth sentence and discharge the young person from any further obligation of the youth sentence; orvary the youth sentence or impose any new youth sentence under section 42, other than a committal to custody, for any period of time, not exceeding the remainder of the period of the earlier youth sentence, that the court considers appropriate in the circumstances of the case.New youth sentence not to be more onerousSubject to subsection (9), when a youth sentence imposed in respect of a young person is reviewed under this section, no youth sentence imposed under subsection (7) shall, without the consent of the young person, be more onerous than the remainder of the youth sentence reviewed.ExceptionA youth justice court may under this section extend the time within which a youth sentence imposed under paragraphs 42(2)(d) to (i) is to be complied with by a young person if the court is satisfied that the young person requires more time to comply with the youth sentence, but in no case shall the extension be for a period of time that expires more than twelve months after the date the youth sentence would otherwise have expired.
Provisions applicable to youth sentences on reviewThis Part and Part 5 (custody and supervision) apply with any modifications that the circumstances require to orders made in respect of reviews of youth sentences under sections 59 and 94 to 96.
Adult Sentence and Election
[Repealed, 2012, c. 1, s. 175]Previous Version
[Repealed, 2012, c. 1, s. 175]Previous Version
[Repealed, 2012, c. 1, s. 175]Previous Version
Application by Attorney GeneralThe Attorney General may, before evidence is called as to sentence or, if no evidence is called, before submissions are made as to sentence, make an application to the youth justice court for an order that a young person is liable to an adult sentence if the young person is or has been found guilty of an offence for which an adult is liable to imprisonment for a term of more than two years and that was committed after the young person attained the age of 14 years.ObligationThe Attorney General must consider whether it would be appropriate to make an application under subsection (1) if the offence is a serious violent offence and was committed after the young person attained the age of 14 years. If, in those circumstances, the Attorney General decides not to make an application, the Attorney General shall advise the youth justice court before the young person enters a plea or with leave of the court before the commencement of the trial.Order fixing ageThe lieutenant governor in council of a province may by order fix an age greater than 14 years but not greater than 16 years for the purpose of subsection (1.1).Notice of intention to seek adult sentenceIf the Attorney General intends to seek an adult sentence for an offence by making an application under subsection (1), the Attorney General shall, before the young person enters a plea or with leave of the youth justice court before the commencement of the trial, give notice to the young person and the youth justice court of the intention to seek an adult sentence.Included offencesA notice of intention to seek an adult sentence given in respect of an offence is notice in respect of any included offence of which the young person is found guilty for which an adult is liable to imprisonment for a term of more than two years.[Repealed, 2012, c. 1, s. 176]
  • 2002, c. 1, s. 64;
  • 2012, c. 1, s. 176.
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[Repealed, 2012, c. 1, s. 177]Previous Version
[Repealed, 2012, c. 1, s. 177]Previous Version
Election — adult sentenceThe youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (2) if[Repealed, 2012, c. 1, s. 178]the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence for an offence committed after the young person has attained the age of fourteen years;the young person is charged with having committed first or second degree murder within the meaning of section 231 of the Criminal Code before the young person has attained the age of fourteen years; orthe person to whom section 16 (status of accused uncertain) applies is charged with having, after attaining the age of fourteen years, committed an offence for which an adult would be entitled to an election under section 536 of the Criminal Code, or over which a superior court of criminal jurisdiction would have exclusive jurisdiction under section 469 of that Act.Wording of electionThe youth justice court shall put the young person to his or her election in the following words:You have the option to elect to be tried by a youth justice court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?Election — NunavutIn respect of proceedings in Nunavut, the youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (4) if[Repealed, 2012, c. 1, s. 178]the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence for an offence committed after the young person has attained the age of fourteen years;the young person is charged with having committed first or second degree murder within the meaning of section 231 of the Criminal Code before the young person has attained the age of fourteen years; orthe person to whom section 16 (status of accused uncertain) applies is charged with having, after attaining the age of fourteen years, committed an offence for which an adult would be entitled to an election under section 536.1 of the Criminal Code.Wording of electionThe youth justice court shall put the young person to his or her election in the following words:You have the option to elect to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth justice court without a jury and without a preliminary inquiry; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court without a jury; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court with a jury. If you elect to be tried by a judge without a jury or by a judge, acting as a youth justice court, with a jury or if you are deemed to have elected to be tried by a judge, acting as a youth justice court, with a jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?Mode of trial where co-accused are young personsWhen two or more young persons who are charged with the same offence, who are jointly charged in the same information or indictment or in respect of whom the Attorney General seeks joinder of counts that are set out in separate informations or indictments are put to their election, then, unless all of them elect or re-elect or are deemed to have elected, as the case may be, the same mode of trial, the youth justice court judgemay decline to record any election, re-election or deemed election for trial by a youth justice court judge without a jury, a judge without a jury or, in Nunavut, a judge of the Nunavut Court Justice without a jury; andif the judge declines to do so, shall hold a preliminary inquiry, if requested to do so by one of the parties, unless a preliminary inquiry has been held prior to the election, re-election or deemed election.Attorney General may require trial by juryThe Attorney General may, even if a young person elects under subsection (1) or (3) to be tried by a youth justice court judge without a jury or a judge without a jury, require the young person to be tried by a court composed of a judge and jury.Preliminary inquiryWhen a young person elects to be tried by a judge without a jury, or elects or is deemed to have elected to be tried by a court composed of a judge and jury, the youth justice court referred to in subsection 13(1) shall, on the request of the young person or the prosecutor made at that time or within the period fixed by rules of court made under section 17 or 155 or, if there are no such rules, by the youth justice court judge, conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be conductedbefore a judge without a jury or a court composed of a judge and jury, as the case may be; orin Nunavut, before a judge of the Nunavut Court of Justice acting as a youth justice court, with or without a jury, as the case may be.Preliminary inquiry if two or more accusedIf two or more young persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (7), a preliminary inquiry must be held with respect to all of them.When no request for preliminary inquiryIf no request for a preliminary inquiry is made under subsection (7), the youth justice court shall fix the date for the trial or the date on which the young person must appear in the trial court to have the date fixed.Preliminary inquiry provisions of Criminal CodeThe preliminary inquiry shall be conducted in accordance with the provisions of Part XVIII (procedure on preliminary inquiry) of the Criminal Code, except to the extent that they are inconsistent with this Act.Parts XIX and XX of Criminal CodeProceedings under this Act before a judge without a jury or a court composed of a judge and jury or, in Nunavut, a judge of the Nunavut Court of Justice acting as a youth justice court, with or without a jury, as the case may be, shall be conducted in accordance with the provisions of Parts XIX (indictable offences — trial without jury) and XX (procedure in jury trials and general provisions) of the Criminal Code, with any modifications that the circumstances require, except thatthe provisions of this Act respecting the protection of privacy of young persons prevail over the provisions of the Criminal Code; andthe young person is entitled to be represented in court by counsel if the young person is removed from court in accordance with subsection 650(2) of the Criminal Code.
  • 2002, c. 1, s. 67, c. 13, s. 91;
  • 2012, c. 1, s. 178.
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[Repealed, 2012, c. 1, s. 179]Previous Version
[Repealed, 2012, c. 1, s. 180]Included offencesIf the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence and the young person is found guilty of an included offence for which an adult is liable to imprisonment for a term of more than two years, committed after he or she has attained the age of 14 years, the Attorney General may make an application under subsection 64(1) (application for adult sentence).
  • 2002, c. 1, s. 69;
  • 2012, c. 1, s. 180.
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[Repealed, 2012, c. 1, s. 181]Previous Version
Hearing — adult sentencesThe youth justice court shall, at the commencement of the sentencing hearing, hold a hearing in respect of an application under subsection 64(1) (application for adult sentence), unless the court has received notice that the application is not opposed. Both parties and the parents of the young person shall be given an opportunity to be heard at the hearing.
  • 2002, c. 1, s. 71;
  • 2012, c. 1, s. 182.
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Order of adult sentenceThe youth justice court shall order that an adult sentence be imposed if it is satisfied thatthe presumption of diminished moral blameworthiness or culpability of the young person is rebutted; anda youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not be of sufficient length to hold the young person accountable for his or her offending behaviour.Order of youth sentenceIf the youth justice court is not satisfied that an order should be made under subsection (1), it shall order that the young person is not liable to an adult sentence and that a youth sentence must be imposed.OnusThe onus of satisfying the youth justice court as to the matters referred to in subsection (1) is on the Attorney General.Pre-sentence reportIn making an order under subsection (1) or (1.1), the youth justice court shall consider the pre-sentence report.Court to state reasonsWhen the youth justice court makes an order under this section, it shall state the reasons for its decision.AppealFor the purposes of an appeal in accordance with section 37, an order under subsection (1) or (1.1) is part of the sentence.
  • 2002, c. 1, s. 72;
  • 2012, c. 1, s. 183.
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Court must impose adult sentenceWhen the youth justice court makes an order under subsection 72(1) in respect of a young person, the court shall, on a finding of guilt, impose an adult sentence on the young person.Court must impose youth sentenceWhen the youth justice court makes an order under subsection 72(1.1) in respect of a young person, the court shall, on a finding of guilt, impose a youth sentence on the young person.
  • 2002, c. 1, s. 73;
  • 2012, c. 1, s. 184.
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Application of Parts XXIII and XXIV of Criminal CodeParts XXIII (sentencing) and XXIV (dangerous and long-term offenders) of the Criminal Code apply to a young person in respect of whom the youth justice court has ordered that an adult sentence be imposed.Finding of guilt becomes a convictionA finding of guilt for an offence in respect of which an adult sentence is imposed becomes a conviction once the time allowed for the taking of an appeal has expired or, if an appeal is taken, all proceedings in respect of the appeal have been completed and the appeal court has upheld an adult sentence.InterpretationThis section does not affect the time of commencement of an adult sentence under subsection 719(1) of the Criminal Code.
Decision regarding lifting of publication banWhen the youth justice court imposes a youth sentence on a young person who has been found guilty of a violent offence, the court shall decide whether it is appropriate to make an order lifting the ban on publication of information that would identify the young person as having been dealt with under this Act as referred to in subsection 110(1).OrderA youth justice court may order a lifting of the ban on publication if the court determines, taking into account the purpose and principles set out in sections 3 and 38, that the young person poses a significant risk of committing another violent offence and the lifting of the ban is necessary to protect the public against that risk.OnusThe onus of satisfying the youth justice court as to the appropriateness of lifting the ban is on the Attorney General.AppealsFor the purposes of an appeal in accordance with section 37, an order under subsection (2) is part of the sentence.
  • 2002, c. 1, s. 75;
  • 2012, c. 1, s. 185.
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Placement when subject to adult sentenceSubject to subsections (2) and (9) and sections 79 and 80 and despite anything else in this Act or any other Act of Parliament, when a young person who is subject to an adult sentence in respect of an offence is sentenced to a term of imprisonment for the offence, the youth justice court shall order that the young person serve any portion of the imprisonment ina youth custody facility separate and apart from any adult who is detained or held in custody;a provincial correctional facility for adults; orif the sentence is for two years or more, a penitentiary.Young person under age of 18No young person who is under the age of 18 years is to serve any portion of the imprisonment in a provincial correctional facility for adults or a penitentiary.Opportunity to be heardBefore making an order under subsection (1), the youth justice court shall give the young person, a parent of the young person, the Attorney General, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard.Report necessaryBefore making an order under subsection (1), the youth justice court shall require that a report be prepared for the purpose of assisting the court.AppealsFor the purposes of an appeal in accordance with section 37, an order under subsection (1) is part of the sentence.ReviewOn application, the youth justice court shall review the placement of a young person under this section and, if satisfied that the circumstances that resulted in the initial order have changed materially, and after having given the young person, a parent of the young person, the Attorney General, 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 ina youth custody facility separate and apart from any adult who is detained or held in custody;a provincial correctional facility for adults; orif the sentence is for two years or more, a penitentiary.Who may make applicationAn application referred to in this section may be made by the young person, one of the young person’s parents, the provincial director, representatives of the provincial and federal correctional systems and the Attorney General, after the time for all appeals has expired.NoticeWhen an application referred to in this section is made, the applicant shall cause a notice of the application to be given to the other persons referred to in subsection (7).Limit — age twentyNo young person shall remain in a youth custody facility under this section after the young person attains the age of twenty years, unless the youth justice court that makes the order under subsection (1) or reviews the placement under subsection (6) is satisfied that remaining in the youth custody facility would be in the best interests of the young person and would not jeopardize the safety of others.
  • 2002, c. 1, s. 76;
  • 2012, c. 1, s. 186.
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Obligation to inform — paroleWhen a young person is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence), the provincial director shall inform the appropriate parole board.Applicability of Corrections and Conditional Release ActFor greater certainty, Part II of the Corrections and Conditional Release Act applies, subject to section 78, with respect to a young person who is the subject of an order under subsection 76(1) (placement when subject to adult sentence).Appropriate parole boardThe appropriate parole board for the purposes of this section isif subsection 112(1) of the Corrections and Conditional Release Act would apply with respect to the young person but for the fact that the young person was ordered into a youth custody facility, the parole board mentioned in that subsection; andin any other case, the Parole Board of Canada.
  • 2002, c. 1, s. 77;
  • 2012, c. 1, s. 160.
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Release entitlementFor greater certainty, section 6 of the Prisons and Reformatories Act applies to a young person who is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) only if section 743.1 (rules respecting sentences of two or more years) of the Criminal Code would direct that the young person serve the sentence in a prison.Release entitlementFor greater certainty, section 127 of the Corrections and Conditional Release Act applies to a young person who is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) only if section 743.1 (rules respecting sentences of two or more years) of the Criminal Code would direct that the young person serve the sentence in a penitentiary.
If person convicted under another ActIf a person who is serving all or a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) is sentenced to a term of imprisonment under an Act of Parliament other than this Act, the remainder of the portion of the sentence being served in the youth custody facility shall be served in a provincial correctional facility for adults or a penitentiary, in accordance with section 743.1 (rules respecting sentences of two or more years) of the Criminal Code.
If person who is serving a sentence under another Act is sentenced to an adult sentenceIf a person who has been serving a sentence of imprisonment under an Act of Parliament other than this Act is sentenced to an adult sentence of imprisonment under this Act, the sentences shall be served in a provincial correctional facility for adults or a penitentiary, in accordance with section 743.1 (rules respecting sentences of two or more years) of the Criminal Code.
Procedure for application or noticeAn application or a notice to the court under section 64 or 76 must be made or given orally, in the presence of the other party, or in writing with a copy served personally on the other party.
  • 2002, c. 1, s. 81;
  • 2012, c. 1, s. 187.
Previous Version
Effect of Termination of Youth Sentence
Effect of absolute discharge or termination of youth sentenceSubject to section 12 (examination as to previous convictions) of the Canada Evidence Act, if a young person is found guilty of an offence, and a youth justice court directs under paragraph 42(2)(b) that the young person be discharged absolutely, or the youth sentence, or any disposition made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, has ceased to have effect, other than an order under section 51 (mandatory prohibition order) of this Act or section 20.1 (mandatory prohibition order) of the Young Offenders Act, the young person is deemed not to have been found guilty or convicted of the offence except thatthe young person may plead autrefois convict in respect of any subsequent charge relating to the offence;a youth justice court may consider the finding of guilt in considering an application under subsection 64(1) (application for adult sentence);any court or justice may consider the finding of guilt in considering an application for judicial interim release or in considering what sentence to impose for any offence; andthe Parole Board of Canada or any provincial parole board may consider the finding of guilt in considering an application for conditional release or for a record suspension under the Criminal Records Act.Disqualifications removedFor greater certainty and without restricting the generality of subsection (1), an absolute discharge under paragraph 42(2)(b) or the termination of the youth sentence or disposition 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 under any Act of Parliament by reason of a finding of guilt.Applications for employmentNo application form for or relating to the following shall contain any question that by its terms requires the applicant to disclose that he or she has been charged with or found guilty of an offence in respect of which he or she has, under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, been discharged absolutely, or has completed the youth sentence under this Act or the disposition under the Young Offenders Act:employment in any department, as defined in section 2 of the Financial Administration Act;employment by any Crown corporation, as defined in section 83 of the Financial Administration Act;enrolment in the Canadian Forces; oremployment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.Finding of guilt not a previous convictionA 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, except for[Repealed, 2012, c. 1, s. 188]the purpose of determining the adult sentence to be imposed.
  • 2002, c. 1, s. 82;
  • 2012, c. 1, ss. 156, 160, 188.
Previous Version
CUSTODY AND SUPERVISION
PurposeThe purpose of the youth custody and supervision system is to contribute to the protection of society bycarrying out sentences imposed by courts through the safe, fair and humane custody and supervision of young persons; andassisting young persons to be rehabilitated and reintegrated into the community as law-abiding citizens, by providing effective programs to young persons in custody and while under supervision in the community.Principles to be usedIn addition to the principles set out in section 3, the following principles are to be used in achieving that purpose:that the least restrictive measures consistent with the protection of the public, of personnel working with young persons and of young persons be used;that young persons sentenced to custody retain the rights of other young persons, except the rights that are necessarily removed or restricted as a consequence of a sentence under this Act or another Act of Parliament;that the youth custody and supervision system facilitate the involvement of the families of young persons and members of the public;that custody and supervision decisions be made in a forthright, fair and timely manner, and that young persons have access to an effective review procedure; andthat placements of young persons where they are treated as adults not disadvantage them with respect to their eligibility for and conditions of release.
Young person to be held apart from adultsSubject to subsection 30(3) (pre-trial detention), paragraphs 76(1)(b) and (c) (placement in adult facilities with adult sentence) and sections 89 to 93 (placement in adult facilities with youth sentence), a young person who is committed to custody shall be held separate and apart from any adult who is detained or held in custody.
Levels of custodyIn the youth custody and supervision system in each province there must be at least two levels of custody for young persons distinguished by the degree of restraint of the young persons in them.Designation of youth custody facilitiesEvery youth custody facility in a province that contains one or more levels of custody shall be designated byin the case of a youth custody facility with only one level of custody, being the level of custody with the least degree of restraint of the young persons in it, the lieutenant governor in council or his or her delegate; andin any other case, the lieutenant governor in council.Provincial director to specify custody level — committal to custodyThe provincial director shall, when a young person is committed to custody under paragraph 42(2)(n), (o), (q) or (r) or an order is made under subsection 98(3), paragraph 103(2)(b), subsection 104(1) or paragraph 109(2)(b), determine the level of custody appropriate for the young person, after having taken into account the factors set out in subsection (5).Provincial director to specify custody level — transferThe provincial director may determine a different level of custody for the young person when the provincial director is satisfied that the needs of the young person and the interests of society would be better served by doing so, after having taken into account the factors set out in subsection (5).FactorsThe factors referred to in subsections (3) and (4) arethat the appropriate level of custody for the young person is the one that is the least restrictive to the young person, having regard tothe seriousness of the offence in respect of which the young person was committed to custody and the circumstances in which that offence was committed,the needs and circumstances of the young person, including proximity to family, school, employment and support services,the safety of other young persons in custody, andthe interests of society;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; andthe likelihood of escape.Placement and transfer at appropriate levelAfter the provincial director has determined the appropriate level of custody for the young person under subsection (3) or (4), the young person shall be placed in the youth custody facility that contains that level of custody specified by the provincial director.NoticeThe provincial director shall cause a notice in writing of a determination under subsection (3) or (4) to be given to the young person and a parent of the young person and set out in that notice the reasons for it.
Procedural safeguardsThe lieutenant governor in council of a province shall ensure that procedures are in place to ensure that the due process rights of the young person are protected with respect to a determination made under subsection 85(3) or (4), including that the young person beprovided with any relevant information to which the provincial director has access in making the determination, subject to subsection (2);given the opportunity to be heard; andinformed of any right to a review under section 87.Withholding of informationWhere the provincial director has reasonable grounds to believe that providing the information referred to in paragraph (1)(a) would jeopardize the safety of any person or the security of a facility, he or she may authorize the withholding from the young person of as much information as is strictly necessary in order to protect such safety or security.
ReviewA young person may apply for a review under this section of a determinationunder subsection 85(3) that would place the young person in a facility at a level of custody that has more than a minimal degree of restraint; orunder subsection 85(4) that would transfer a young person to a facility at a level of custody with a higher degree of restraint or increase the degree of restraint of the young person in the facility.Procedural safeguardsThe lieutenant governor in council of a province shall ensure that procedures are in place for the review under subsection (1), including thatthe review board that conducts the review be independent;the young person be provided with any relevant information to which the review board has access, subject to subsection (3); andthe young person be given the opportunity to be heard.Withholding of informationWhere the review board has reasonable grounds to believe that providing the information referred to in paragraph (2)(b) would jeopardize the safety of any person or the security of a facility, it may authorize the withholding from the young person of as much information as is strictly necessary in order to protect such safety or security.FactorsThe review board shall take into account the factors referred to in subsection 85(5) in reviewing a determination.Decision is finalA decision of the review board under this section in respect of a particular determination is final.
Functions to be exercised by youth justice courtThe lieutenant governor in council of a province may order that the power to make determinations of the level of custody for young persons and to review those determinations be exercised in accordance with the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985. The following provisions of that Act apply, with any modifications that the circumstances require, to the exercise of those powers:the definitions review board and progress report in subsection 2(1);section 11;sections 24.1 to 24.3; andsections 28 to 31.
Exception if young person is twenty years old or olderWhen a young person is twenty years old or older at the time the youth sentence is imposed on him or her under paragraph 42(2)(n), (o), (q) or (r), the young person shall, despite section 85, be committed to a provincial correctional facility for adults to serve the youth sentence.If serving youth sentence in a provincial correctional facilityIf a young person is serving a youth sentence in a provincial correctional facility for adults pursuant to subsection (1), the youth justice court may, on application of the provincial director at any time after the young person begins to serve a portion of the youth sentence in a provincial correctional facility for adults, after giving the young person, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard, authorize the provincial director to direct that the young person serve the remainder of the youth sentence in a penitentiary if the court considers it to be in the best interests of the young person or in the public interest and if, at the time of the application, that remainder is two years or more.Provisions to applyIf a young person is serving a youth sentence in a provincial correctional facility for adults or a penitentiary under subsection (1) or (2), the Prisons and Reformatories Act and the Corrections and Conditional Release Act, and any other statute, regulation or rule applicable in respect of prisoners or offenders within the meaning of those Acts, statutes, regulations and rules, apply in respect of the young person except to the extent that they conflict with Part 6 (publication, records and information) of this Act, which Part continues to apply to the young person.
Youth workerWhen a youth sentence is imposed committing a young person to custody, the provincial director of the province in which the young person received the youth sentence and was placed in custody shall, without delay, designate a youth worker to work with the young person to plan for his or her reintegration into the community, including the preparation and implementation of a reintegration plan that sets out the most effective programs for the young person in order to maximize his or her chances for reintegration into the community.Role of youth worker when young person in the communityWhen a portion of a young person’s youth sentence is served in the community in accordance with section 97 or 105, the youth worker shall supervise the young person, continue to provide support to the young person and assist the young person to respect the conditions to which he or she is subject, and help the young person in the implementation of the reintegration plan.
Reintegration leaveThe provincial director of a province may, subject to any terms or conditions that he or she considers desirable, authorize, for a young person committed to a youth custody facility in the province further to an order under paragraph 76(1)(a) (placement when subject to adult sentence) or a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r),a reintegration leave from the youth custody facility for a period not exceeding thirty days if, in the opinion of the provincial director, 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 reintegrating the young person into the community; orthat the young person be released from the youth custody facility on the days and during the hours that the provincial director specifies in order that the young person mayattend school or any other educational or training institution,obtain or continue employment or perform domestic or other duties required by the young person’s family,participate in a program specified by the provincial director that, in the provincial director’s opinion, will enable the young person to better carry out employment or improve his or her education or training, orattend an out-patient treatment program or other program that provides services that are suitable to addressing the young person’s needs.Renewal of reintegration leaveA reintegration leave authorized under paragraph (1)(a) may be renewed by the provincial director for one or more thirty-day periods on reassessment of the case.Revocation of authorizationThe provincial director of a province may, at any time, revoke an authorization made under subsection (1).Arrest and return to custodyIf the provincial director revokes an authorization under subsection (3) or if a young person fails to comply with any term or condition of a reintegration leave or a release from custody under this section, the young person may be arrested without warrant and returned to custody.
Transfer to adult facilityWhen a young person is committed to custody under paragraph 42(2)(n), (o), (q) or (r), the youth justice court may, on application of the provincial director made at any time after the young person attains the age of eighteen years, after giving the young person, the provincial director and representatives of the provincial correctional system an opportunity to be heard, authorize the provincial director to direct that the young person, subject to subsection (3), serve the remainder of the youth sentence 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.If serving youth sentence in a provincial correctional facilityThe youth justice court may authorize the provincial director to direct that a young person, subject to subsection (3), serve the remainder of a youth sentence in a penitentiaryif the youth justice court considers it to be in the best interests of the young person or in the public interest;if the provincial director applies for the authorization at any time after the young person begins to serve a portion of a youth sentence in a provincial correctional facility for adults further to a direction made under subsection (1);if, at the time of the application, that remainder is two years or more; andso long as the youth justice court gives the young person, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard.Provisions to applyIf the provincial director makes a direction under subsection (1) or (2), the Prisons and Reformatories Act and the Corrections and Conditional Release Act, and any other statute, regulation or rule applicable in respect of prisoners and offenders within the meaning of those Acts, statutes, regulations and rules, apply in respect of the young person except to the extent that they conflict with Part 6 (publication, records and information) of this Act, which Part continues to apply to the young person.Placement when adult and youth sentencesIf a person is subject to more than one sentence, at least one of which is a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) and at least one of which is a sentence referred to in either paragraph (b) or (c), he or she shall serve, in a provincial correctional facility for adults or a penitentiary in accordance with section 743.1 (rules respecting sentences of two or more years) of the Criminal Code, the following:the remainder of any youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r);an adult sentence to which an order under paragraph 76(1)(b) or (c) (placement in adult facility) applies; andany sentence of imprisonment imposed otherwise than under this Act.Youth sentence and adult sentenceIf a young person is committed to custody under a youth sentence under paragraph 42(2)(n), (o), (q) or (r) and is also already subject to an adult sentence to which an order under paragraph 76(1)(a) (placement when subject to adult sentence) applies, the young person may, in the discretion of the provincial director, serve the sentences, or any portion of the sentences, in a youth custody facility, in a provincial correctional facility for adults or, if the unexpired portion of the sentence is two years or more, in a penitentiary.
When young person reaches twenty years of ageWhen a young person who is committed to custody under paragraph 42(2)(n), (o), (q) or (r) is in a youth custody facility when the young person attains the age of twenty years, the young person shall be transferred to a provincial correctional facility for adults to serve the remainder of the youth sentence, unless the provincial director orders that the young person continue to serve the youth sentence in a youth custody facility.If serving youth sentence in a provincial correctional facilityIf a young person is serving a portion of a youth sentence in a provincial correctional facility for adults pursuant to a transfer under subsection (1), the youth justice court may, on application of the provincial director after the transfer, after giving the young person, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard, authorize the provincial director to direct that the young person serve the remainder of the youth sentence in a penitentiary if the court considers it to be in the best interests of the young person or in the public interest and if, at the time of the application, that remainder is two years or more.Provisions to applyIf the provincial director makes the direction, the Prisons and Reformatories Act and the Corrections and Conditional Release Act, and any other statute, regulation or rule applicable in respect of prisoners and offenders within the meaning of those Acts, statutes, regulations and rules, apply in respect of the young person except to the extent that they conflict with Part 6 (publication, records and information) of this Act, which Part continues to apply to the young person.
Annual reviewWhen a young person is committed to custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r) 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 justice court without delay at the end of one year from the date of the most recent youth sentence imposed in respect of the offence — and at the end of every subsequent year from that date — and the youth justice court shall review the youth sentence.Annual reviewWhen a young person is committed to custody pursuant to youth sentences imposed under paragraph 42(2)(n), (o), (q) or (r) 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 justice court without delay at the end of one year from the date of the earliest youth sentence imposed — and at the end of every subsequent year from that date — and the youth justice court shall review the youth sentences.Optional reviewWhen a young person is committed to custody pursuant to a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) 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, on any of the grounds set out in subsection (6), cause the young person to be brought before a youth justice court to review the youth sentence,when the youth sentence is for a period not exceeding one year, once at any time after the expiry of the greater ofthirty days after the date of the youth sentence imposed under subsection 42(2) in respect of the offence, andone third of the period of the youth sentence imposed under subsection 42(2) in respect of the offence; andwhen the youth sentence is for a period exceeding one year, at any time after six months after the date of the most recent youth sentence imposed in respect of the offence.Time for optional reviewThe young person may be brought before the youth justice court at any other time, with leave of the youth justice court judge.ReviewIf a youth justice court is satisfied that there are grounds for review under subsection (6), the court shall review the youth sentence.Grounds for reviewA youth sentence imposed in respect of a young person may be reviewed under subsection (5)on the ground that the young person has made sufficient progress to justify a change in the youth sentence;on the ground that the circumstances that led to the youth sentence have changed materially;on the ground that new services or programs are available that were not available at the time of the youth sentence;on the ground that the opportunities for rehabilitation are now greater in the community; oron any other ground that the youth justice court considers appropriate.No review if appeal pendingDespite any other provision of this section, no review of a youth sentence 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 justice court may order appearance of young person for reviewWhen a provincial director is required under subsections (1) to (3) to cause a young person to be brought before the youth justice court and fails to do so, the youth justice court may, on application made by the young person, his or her parent or the Attorney General, or on its own motion, order the provincial director to cause the young person to be brought before the youth justice court.Progress reportThe youth justice court shall, before reviewing under this section a youth sentence imposed in respect of a young person, require the provincial director to cause to be prepared, and to submit to the youth justice court, a progress report on the performance of the young person since the youth sentence took effect.Additional information in progress reportA person preparing a progress report in respect of a young person may include in the report any information relating to the personal and family history and present environment of the young person that he or she considers advisable.Written or oral reportA progress report shall be in writing unless it cannot reasonably be committed to writing, in which case it may, with leave of the youth justice court, be submitted orally in court.Subsections 40(4) to (10) to applySubsections 40(4) to (10) (procedures respecting pre-sentence reports) apply, with any modifications that the circumstances require, in respect of progress reports.Notice of review from provincial directorWhen a youth sentence imposed in respect of a young person is to be reviewed under subsection (1) or (2), the provincial director shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General.Notice of review from person requesting itWhen a review of a youth sentence imposed in respect of a young person is requested under subsection (3), the person requesting the review shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General.Statement of right to counselA notice given to a parent under subsection (13) or (14) shall include a statement that the young person whose youth sentence is to be reviewed has the right to be represented by counsel.Service of noticeA notice under subsection (13) or (14) may be served personally or may be sent by confirmed delivery service.Notice may be waivedAny of the persons entitled to notice under subsection (13) or (14) may waive the right to that notice.If notice not givenIf notice under subsection (13) or (14) is not given in accordance with this section, the youth justice court mayadjourn the proceedings and order that the notice be given in the manner and to the persons that it directs; ordispense with the notice if, in the opinion of the court, having regard to the circumstances, notice may be dispensed with.Decision of the youth justice court after reviewWhen a youth justice court reviews under this section a youth sentence imposed in respect of a young person, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard, having regard to the needs of the young person and the interests of society,confirm the youth sentence;release the young person from custody and place the young person under conditional supervision in accordance with the procedure set out in section 105, with any modifications that the circumstances require, for a period not exceeding the remainder of the youth sentence that the young person is then serving; orif the provincial director so recommends, convert a youth sentence under paragraph 42(2)(r) to a youth sentence under paragraph 42(2)(q) if the offence was murder or to a youth sentence under paragraph 42(2)(n) or (o), as the case may be, if the offence was an offence other than murder.
Orders are youth sentencesOrders under subsections 97(2) (conditions) and 98(3) (continuation of custody), paragraph 103(2)(b) (continuation of custody), subsections 104(1) (continuation of custody) and 105(1) (conditional supervision) and paragraph 109(2)(b) (continuation of suspension of conditional supervision) are deemed to be youth sentences for the purposes of section 94 (reviews).
Recommendation of provincial director for conditional supervision of young personWhen a young person is held in custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the provincial director may, if satisfied that the needs of the young person and the interests of society would be better served by doing so, make a recommendation to the youth justice court that the young person be released from custody and placed under conditional supervision.NoticeIf the provincial director makes a recommendation, the provincial director shall cause a notice to be given in writing that includes the reasons for the recommendation and the conditions that the provincial director would recommend be set under section 105 to the young person, a parent of the young person and the Attorney General and give a copy of the notice to the youth justice court.Application to court for review of recommendationIf notice of a recommendation is made under subsection (2) with respect to a youth sentence imposed on a young person, the youth justice court shall, if an application for review is made by the young person, the young person’s parent or the Attorney General within ten days after service of the notice, review the youth sentence without delay.Subsections 94(7), (9) to (12) and (14) to (19) applySubject to subsection (5), subsections 94(7) (no review of appeal pending), (9) to (12) (progress reports) and (14) to (19) (provisions respecting notice and decision of the youth justice court) apply, with any modifications that the circumstances require, in respect of reviews made under this section and any notice required under subsection 94(14) shall also be given to the provincial director.If no application for review made under subsection (3)A youth justice court that receives a notice under subsection (2) shall, if no application for a review is made under subsection (3),order the release of the young person and place the young person under conditional supervision in accordance with section 105, having regard to the recommendations of the provincial director; orif the court considers it advisable, order that the young person not be released.For greater certainty, an order under this subsection may be made without a hearing.Notice when no release orderedWhen a youth justice court orders that the young person not be released under paragraph (5)(b), it shall cause a notice of its order to be given to the provincial director without delay.Provincial director may request reviewWhen the provincial director is given a notice under subsection (6), he or she may request a review under this section.When provincial director requests a reviewWhen the provincial director requests a review under subsection (7),the provincial director shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General; andthe youth justice court shall review the youth sentence without delay after the notice required under paragraph (a) is given.
Conditions to be included in custody and supervision orderEvery youth sentence imposed under paragraph 42(2)(n) shall contain the following conditions, namely, that the young person, while serving the portion of the youth sentence under supervision in the community,keep the peace and be of good behaviour;report to the provincial director and then be under the supervision of the provincial director;inform the provincial director immediately on being arrested or questioned by the police;report to the police, or any named individual, as instructed by the provincial director;advise the provincial director of the young person’s address of residence and report immediately to the provincial director any changein that address,in the young person’s normal occupation, including employment, vocational or educational training and volunteer work,in the young person’s family or financial situation, andthat may reasonably be expected to affect the young person’s ability to comply with the conditions of the sentence; andnot own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized in writing by the provincial director for the purposes of the young person participating in a program specified in the authorization.Other conditionsThe provincial director may set additional conditions that support and address the needs of the young person, promote the reintegration of the young person into the community and offer adequate protection to the public from the risk that the young person might otherwise present. The provincial director shall, in setting the conditions, take into account the needs of the young person, the most effective programs for the young person in order to maximize his or her chances for reintegration into the community, the nature of the offence and the ability of the young person to comply with the conditions.Communication of conditionsThe provincial director shallcause the conditions to be read by or to the young person bound by them;explain or cause to be explained to the young person the purpose and effect of the conditions, and confirm that the young person understands them; andcause a copy of the conditions to be given to the young person, and to a parent of the young person.Provisions to applySubsections 56(3) (endorsement of order by young person) and (4) (validity of order) apply, with any modifications that the circumstances require, in respect of conditions under this section.
Application for continuation of custodyWithin a reasonable time before the expiry of the custodial portion of a young person’s youth sentence, the Attorney General or the provincial director may apply to the youth justice court for an order that the young person remain in custody for a period not exceeding the remainder of the youth sentence.Continuation of custodyIf the hearing for an application under subsection (1) cannot be completed before the expiry of the custodial portion of the youth sentence, 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.DecisionThe youth justice court may, after giving both parties and a parent of the young person an opportunity to be heard, order that a young person remain in custody for a period not exceeding the remainder of the youth sentence, if it is satisfied that there are reasonable grounds to believe thatthe young person is likely to commit a serious violent offence before the expiry of the youth sentence he or she is then serving; andthe conditions that would be imposed on the young person if he or she were to serve a portion of the youth sentence in the community would not be adequate to prevent the commission of the offence.FactorsFor the purpose of determining an application under subsection (1), the youth justice court shall take into consideration any factor that is relevant to the case of the young person, includingevidence of a pattern of persistent violent behaviour and, in particular,the number of offences committed by the young person that caused physical or psychological harm to any other person,the young person’s difficulties in controlling violent impulses to the point of endangering the safety of any other person,the use of weapons in the commission of any offence,explicit threats of violence,behaviour of a brutal nature associated with the commission of any offence, anda 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;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, before the expiry of the youth sentence the young person is then serving, a serious violent offence;reliable information that satisfies the youth justice court that the young person is planning to commit, before the expiry of the youth sentence the young person is then serving, a serious violent offence;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 expiry of the youth sentence the young person is then serving;whether the young person is more likely to reoffend if he or she serves his or her youth sentence entirely in custody without the benefits of serving a portion of the youth sentence in the community under supervision; andevidence of a pattern of committing violent offences while he or she was serving a portion of a youth sentence in the community under supervision.
ReportFor the purpose of determining an application under section 98 (application for continuation of custody), the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information of which the provincial director is aware with respect to the factors set out in subsection 98(4) that may be of assistance to the court.Written or oral reportA report referred to in subsection (1) shall be in writing unless it cannot reasonably be committed to writing, in which case it may, with leave of the youth justice court, be submitted orally in court.Provisions applySubsections 40(4) to (10) (procedures respecting pre-sentence reports) apply, with any modifications that the circumstances require, in respect of a report referred to in subsection (1).Notice of hearingWhen an application is made under section 98 (application for continuation of custody) in respect of a young person, the provincial director shall cause to be given, to the young person and to a parent of the young person, at least five clear days notice of the hearing in writing.Statement of right to counselAny notice given to a parent under subsection (4) shall include a statement that the young person has the right to be represented by counsel.Service of noticeA notice under subsection (4) may be served personally or may be sent by confirmed delivery service.When notice not givenWhen notice under subsection (4) is not given in accordance with this section, the youth justice court mayadjourn the hearing and order that the notice be given in any manner and to any person that it directs; ordispense with the giving of the notice if, in the opinion of the youth justice court, having regard to the circumstances, the giving of the notice may be dispensed with.
ReasonsWhen a youth justice court makes an order under subsection 98(3) (decision for continued custody), it shall state its reasons for the order in the record of the case and shall provide, or cause to be provided, to the young person in respect of whom the order was made, the counsel and a parent of the young person, the Attorney General and the provincial directora copy of the order; andon request, a transcript or copy of the reasons for the order.
Review of youth justice court decisionAn order made under subsection 98(3) (decision for continued custody) in respect of a young person, or the refusal to make such an order, shall, on application of the young person, the young person’s counsel, the Attorney General or the provincial director made within thirty days after the decision of the youth justice court, be reviewed by the court of appeal, and that court may, in its discretion, confirm or reverse the decision of the youth justice court.Extension of time to make applicationThe court of appeal may, at any time, extend the time within which an application under subsection (1) may be made.Notice of applicationA person who proposes to apply for a review under subsection (1) shall give notice of the application in the manner and within the period of time that may be directed by rules of court.
Breach of conditionsIf the provincial director has reasonable grounds to believe that a young person has breached or is about to breach a condition to which he or she is subject under section 97 (conditions to be included in custody and supervision orders), the provincial director may, in writing,permit the young person to continue to serve a portion of his or her youth sentence in the community, on the same or different conditions; orif satisfied that the breach is a serious one that increases the risk to public safety, order that the young person be remanded to any youth custody facility that the provincial director considers appropriate until a review is conducted.Provisions applySections 107 (apprehension) and 108 (review by provincial director) apply, with any modifications that the circumstances require, to an order under paragraph (1)(b).
Review by youth justice courtWhen the case of a young person is referred to the youth justice court under section 108 (review by provincial director), the provincial director shall, without delay, cause the young person to be brought before the youth justice court, and the youth justice court shall, after giving the young person an opportunity to be heard,if the court is not satisfied on reasonable grounds that the young person has breached or was about to breach one of the conditions under which he or she was being supervised in the community, order that the young person continue to serve a portion of his or her youth sentence in the community, on the same or different conditions; orif the court is satisfied on reasonable grounds that the young person has breached or was about to breach one of the conditions under which he or she was being supervised in the community, make an order under subsection (2).OrderOn completion of a review under subsection (1), the youth justice courtshall order that the young person continue to serve the remainder of the youth sentence the young person is then serving in the community, and when the court does so, the court may vary the existing conditions or impose new conditions; orshall, despite paragraph 42(2)(n) (custody and supervision order), order that the young person remain in custody for a period that does not exceed the remainder of the youth sentence the young person is then serving, if the youth justice court is satisfied that the breach of the conditions was serious.Provisions applySubsections 109(4) to (8) apply, with any modifications that the circumstances require, in respect of a review under this section.
Continuation of custodyWhen a young person on whom a youth sentence under paragraph 42(2)(o), (q) or (r) has been imposed is held in custody and an application is made to the youth justice court by the Attorney General, within a reasonable time before the expiry of the custodial portion of the youth sentence, 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 justice court and the youth justice court may, after giving both parties and a parent 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 before the expiry of the youth sentence the young person is then serving, order that the young person remain in custody for a period not exceeding the remainder of the youth sentence.Continuation of custodyIf the hearing of an application under subsection (1) cannot be completed before the expiry of the custodial portion of the youth sentence, the court may order that the young person remain in custody until 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.FactorsFor the purpose of determining an application under subsection (1), the youth justice court shall take into consideration any factor that is relevant to the case of the young person, includingevidence of a pattern of persistent violent behaviour and, in particular,the number of offences committed by the young person that caused physical or psychological harm to any other person,the young person’s difficulties in controlling violent impulses to the point of endangering the safety of any other person,the use of weapons in the commission of any offence,explicit threats of violence,behaviour of a brutal nature associated with the commission of any offence, anda 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;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, before the expiry of the youth sentence the young person is then serving, an offence causing the death of or serious harm to another person;reliable information that satisfies the youth justice court that the young person is planning to commit, before the expiry of the youth sentence the young person is then serving, an offence causing the death of or serious harm to another person; andthe 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 expiry of the youth sentence the young person is then serving.Youth justice court to order appearance of young personIf a provincial director fails to cause a young person to be brought before the youth justice court under subsection (1), the youth justice court shall order the provincial director to cause the young person to be brought before the youth justice court without delay.Provisions to applySections 99 to 101 apply, with any modifications that the circumstances require, in respect of an order made, or the refusal to make an order, under this section.If application deniedIf an application under this section 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 105(1).
Conditional supervisionThe provincial director of the province in which a young person on whom a youth sentence under paragraph 42(2)(o), (q) or (r) has been imposed is held in custody or, if applicable, with respect to whom an order has been made under subsection 104(1) (continuation of custody), shall cause the young person to be brought before the youth justice court at least one month before the expiry of the custodial portion of the youth sentence. The court shall, after giving 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 orderThe youth justice court shall include in the order under subsection (1) the following conditions, namely, that the young personkeep the peace and be of good behaviour;appear before the youth justice court when required by the court to do so;report to the provincial director immediately on release, and then be under the supervision of the provincial director or a person designated by the youth justice court;inform the provincial director immediately on being arrested or questioned by the police;report to the police, or any named individual, as instructed by the provincial director;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 justice court or the provincial director any changein that address,in the young person’s normal occupation, including employment, vocational or educational training and volunteer work,in the young person’s family or financial situation, andthat may reasonably be expected to affect the young person’s ability to comply with the conditions of the order;not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order; andcomply with any reasonable instructions that 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 conditionsIn setting conditions for the purposes of subsection (1), the youth justice court may include in the order the following conditions, namely, that the young personon release, travel directly to the young person’s place of residence, or to any other place that is noted in the order;make reasonable efforts to obtain and maintain suitable employment;attend school or any other place of learning, training or recreation that is appropriate, if the court is satisfied that a suitable program is available for the young person at such a place;reside with a parent, or any other adult that the court considers appropriate, who is willing to provide for the care and maintenance of the young person;reside in any place that the provincial director may specify;remain within the territorial jurisdiction of one or more courts named in the order;comply with conditions set out in the order that support and address the needs of the young person and promote the reintegration of the young person into the community; andcomply with any other conditions set out in the order that the court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences.Temporary conditionsWhen a provincial director is required under subsection (1) to cause a young person to be brought before the youth justice court but cannot do so for reasons beyond the young person’s control, the provincial director shall so advise the youth justice court and the court shall, by order, set any temporary conditions for the young person’s conditional supervision that are appropriate in the circumstances.Conditions to be set at first opportunityWhen an order is made under subsection (4), the provincial director shall bring the young person before the youth justice court as soon after the order is made as the circumstances permit and the court shall then set the conditions of the young person’s conditional supervision.ReportFor the purpose of setting conditions under this section, the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information that may be of assistance to the court.Provisions applySubsections 99(2) to (7) (provisions respecting reports and notice) and 104(4) (ordering appearance of young person) apply, with any modifications that the circumstances require, in respect of any proceedings held under subsection (1).Provisions applySubsections 56(1) to (4) (provisions respecting probation orders), (7) (notice to appear) and (8) (warrant in default) and section 101 (review of youth justice court decision) apply, with any modifications that the circumstances require, in respect of an order made under subsection (1).
Suspension of conditional supervisionIf 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 105(1), the provincial director may, in writing,suspend the conditional supervision; andorder that the young person be remanded to any youth custody facility that the provincial director considers appropriate until a review is conducted under section 108 and, if applicable, section 109.
ApprehensionIf the conditional supervision of a young person is suspended under section 106, 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 youth sentence the young person is then serving.WarrantsA 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 arrestIf 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 directorIf a young person is arrested under 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 directorif 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; andif the provincial director or the designated person is not available within that period, as soon as possible.Release or remand in custodyIf a young person is brought before the provincial director or a person designated by the provincial director under subsection (4), the provincial director or the designated personif 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; orif 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 forty-eight hours after the time the young person is remanded in custody, the person in whose custody the young person then is shall release the young person.
Review by provincial directorWithout delay after the remand to custody of a young person whose conditional supervision has been suspended under section 106, or without delay 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 justice court for a review under section 109.
Review by youth justice courtIf the case of a young person is referred to the youth justice court under section 108, the provincial director shall, without delay, cause the young person to be brought before the youth justice court, and the youth justice court shall, after giving the young person an opportunity to be heard,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; orif 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).OrderOn completion of a review under subsection (1), the youth justice court shall orderthe cancellation of the suspension of the conditional supervision, and when the court does so, the court may vary the conditions of the conditional supervision or impose new conditions;in a case other than a deferred custody and supervision order made under paragraph 42(2)(p), the continuation of the suspension of the conditional supervision for any period of time, not to exceed the remainder of the youth sentence the young person is then serving, that the court considers appropriate, and when the court does so, the court shall order that the young person remain in custody; orin the case of a deferred custody and supervision order made under paragraph 42(2)(p), that the young person serve the remainder of the order as if it were a custody and supervision order under paragraph 42(2)(n).Custody and supervision orderAfter a court has made a direction under paragraph (2)(c), the provisions of this Act applicable to orders under paragraph 42(2)(n) apply in respect of the deferred custody and supervision order.Factors to be consideredIn making its decision under subsection (2), the court shall consider the length of time the young person has been subject to the order, whether the young person has previously contravened it, and the nature of the contravention, if any.ReasonsWhen a youth justice court makes an order under subsection (2), it shall state its reasons for the order in the record of the case and shall give, or cause to be given, to the young person in respect of whom the order was made, the counsel and a parent of the young person, the Attorney General and the provincial director,a copy of the order; andon request, a transcript or copy of the reasons for the order.ReportFor the purposes of a review under subsection (1), the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information of which the provincial director is aware that may be of assistance to the court.Provisions applySubsections 99(2) to (7) (provisions respecting reports and notice) and 105(6) (report for the purpose of setting conditions) apply, with any modifications that the circumstances require, in respect of a review under this section.Provisions applySection 101 (review of youth justice court decision) applies, with any modifications that the circumstances require, in respect of an order made under subsection (2).
PUBLICATION, RECORDS AND INFORMATIONProtection of Privacy of Young Persons
Identity of offender not to be publishedSubject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act.LimitationSubsection (1) does not applyin a case where the information relates to a young person who has received an adult sentence;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); andin a case where the publication of information is made in the course of the administration of justice, if it is not the purpose of the publication to make the information known in the community.ExceptionA young person referred to in subsection (1) may, after he or she attains the age of eighteen years, publish or cause to be published information that would identify him or her as having been dealt with under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, provided that he or she is not in custody pursuant to either Act at the time of the publication.Ex parte application for leave to publishA youth justice court judge shall, on the ex parte application of a peace officer, make an order permitting any person to publish information that identifies a young person as having committed or allegedly committed an indictable offence, if the judge is satisfied thatthere is reason to believe that the young person is a danger to others; andpublication of the information is necessary to assist in apprehending the young person.Order ceases to have effectAn order made under subsection (4) ceases to have effect five days after it is made.Application for leave to publishThe youth justice court may, on the application of a young person referred to in subsection (1), make an order permitting the young person to publish information that would identify him or her as having been dealt with under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, if the court is satisfied that the publication would not be contrary to the young person’s best interests or the public interest.
  • 2002, c. 1, s. 110;
  • 2012, c. 1, s. 189.
Previous Version
Identity of victim or witness not to be publishedSubject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person.ExceptionInformation that would serve to identify a child or young person referred to in subsection (1) as having been a victim or a witness may be published, or caused to be published, bythat child or young person after he or she attains the age of eighteen years or before that age with the consent of his or her parents; orthe parents of that child or young person if he or she is deceased.Application for leave to publishThe youth justice court may, on the application of a child or a young person referred to in subsection (1), make an order permitting the child or young person to publish information that would identify him or her as having been a victim or a witness if the court is satisfied that the publication would not be contrary to his or her best interests or the public interest.
Non-applicationOnce information is published under subsection 110(3) or (6) or 111(2) or (3), subsection 110(1) (identity of offender not to be published) or 111(1) (identity of victim or witness not to be published), as the case may be, no longer applies in respect of the information.
Fingerprints and Photographs
Identification of Criminals Act appliesThe Identification of Criminals Act applies in respect of young persons.LimitationNo fingerprint, palmprint or photograph or 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.
Records That May Be Kept
Youth justice court, review board and other courtsA youth justice court, review board or any court dealing with matters arising out of proceedings under this Act may keep a record of any case that comes before it arising under this Act.
Police recordsA 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.Extrajudicial measuresThe police force shall keep a record of any extrajudicial measures that they use to deal with young persons.Police recordsWhen a young person is charged with having committed 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, the police force responsible for the investigation of the offence may provide a record relating to the offence to the Royal Canadian Mounted Police. If the young person is found guilty of the offence, the police force shall provide the record.Records held by R.C.M.P.The Royal Canadian Mounted Police shall keep the records provided under subsection (2) in the central repository that the Commissioner of the Royal Canadian Mounted Police may, from time to time, designate for the purpose of keeping criminal history files or records of offenders or keeping records for the identification of offenders.
  • 2002, c. 1, s. 115;
  • 2012, c. 1, s. 190.
Previous Version
Government recordsA department or an agency of any government in Canada may keep records containing information obtained by the department or agencyfor the purposes of an investigation of an offence alleged to have been committed by a young person;for use in proceedings against a young person under this Act;for the purpose of administering a youth sentence or an order of the youth justice court;for the purpose of considering whether to use extrajudicial measures to deal with a young person; oras a result of the use of extrajudicial measures to deal with a young person.Other recordsA person or organization may keep records containing information obtained by the person or organizationas a result of the use of extrajudicial measures to deal with a young person; orfor the purpose of administering or participating in the administration of a youth sentence.
Access to Records
Exception — adult sentenceSections 118 to 129 do not apply to records kept in respect of an offence for which an adult sentence has been imposed once the time allowed for the taking of an appeal has expired or, if an appeal is taken, all proceedings in respect of the appeal have been completed and the appeal court has upheld an adult sentence. The record shall be dealt with as a record of an adult and, for the purposes of the Criminal Records Act, the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction.
No access unless authorizedExcept as authorized or required by this Act, no person shall be given access to a record kept under sections 114 to 116, and no information contained in it may be given to any person, where to do so would identify the young person to whom it relates as a young person dealt with under this Act.Exception for employeesNo 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.
Persons having access to recordsSubject to subsections (4) to (6), from the date that a record is created until the end of the applicable period set out in subsection (2), the following persons, on request, shall be given access to a record kept under section 114, and may be given access to a record kept under sections 115 and 116:the young person to whom the record relates;the young person’s counsel, or any representative of that counsel;the Attorney General;the victim of the offence or alleged offence to which the record relates;the parents of the young person, during the course of any proceedings relating to the offence or alleged offence to which the record relates or during the term of any youth sentence made in respect of the offence;any adult assisting the young person under subsection 25(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 youth sentence made in respect of the offence;any peace officer forlaw enforcement purposes, orany 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 the youth sentence;a judge, court or review board, for any purpose relating to proceedings against the young person, or proceedings against the person after he or she becomes an adult, in respect of offences committed or alleged to have been committed by that person;the provincial director, or the director of the provincial correctional facility for adults or the penitentiary at which the young person is serving a sentence;a person participating in a conference or in the administration of extrajudicial measures, if required for the administration of the case to which the record relates;a person acting as ombudsman, privacy commissioner or information commissioner, whatever his or her official designation might be, who in the course of his or her duties under an Act of Parliament or the legislature of a province is investigating a complaint to which the record relates;a coroner or a person acting as a child advocate, whatever his or her official designation might be, who is acting in the course of his or her duties under an Act of Parliament or the legislature of a province;a person acting under the Firearms Act;a member of a department or agency of a government in Canada, or of an organization that is an agent of, or under contract with, the department or agency, who isacting in the exercise of his or her duties under this Act,engaged in the supervision or care of the young person, whether as a young person or an adult, or in an investigation related to the young person under an Act of the legislature of a province respecting child welfare,considering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person, whether as a young person or an adult,administering a prohibition order made under an Act of Parliament or the legislature of a province, oradministering a youth sentence, if the young person has been committed to custody and is serving the custody in a provincial correctional facility for adults or a penitentiary;a person, for the purpose of carrying out a criminal record check required by the Government of Canada or the government of a province or a municipality for purposes of employment or the performance of services, with or without remuneration;an employee or agent of the Government of Canada, for statistical purposes under the Statistics Act;an accused or his or her counsel who swears an affidavit to the effect that access to the record is necessary to make a full answer and defence;a person or a member of a class of persons designated by order of the Governor in Council, or the lieutenant governor in council of the appropriate province, for a purpose and to the extent specified in the order; andany person or member of a class of persons that a youth justice court judge considers has a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that access to the record isdesirable in the public interest for research or statistical purposes, ordesirable in the interest of the proper administration of justice.Period of accessThe period of access referred to in subsection (1) isif an extrajudicial sanction is used to deal with the young person, the period ending two years after the young person consents to be subject to the sanction in accordance with paragraph 10(2)(c);if the young person is acquitted of the offence otherwise than by reason of a verdict of not criminally responsible on account of mental disorder, the period ending two months after the expiry of the time allowed for the taking of an appeal or, if an appeal is taken, the period ending three months after all proceedings in respect of the appeal have been completed;if the charge against the young person is dismissed for any reason other than acquittal, the charge is withdrawn, or the young person is found guilty of the offence and a reprimand is given, the period ending two months after the dismissal, withdrawal, or finding of guilt;if the charge against the young person is stayed, with no proceedings being taken against the young person for a period of one year, at the end of that period;if the young person is found guilty of the offence and the youth sentence is an absolute discharge, the period ending one year after the young person is found guilty;if the young person is found guilty of the offence and the youth sentence is a conditional discharge, the period ending three years after the young person is found guilty;subject to paragraphs (i) and (j) and subsection (9), if the young person is found guilty of the offence and it is a summary conviction offence, the period ending three years after the youth sentence imposed in respect of the offence has been completed;subject to paragraphs (i) and (j) and subsection (9), if the young person is found guilty of the offence and it is an indictable offence, the period ending five years after the youth sentence imposed in respect of the offence has been completed;subject to subsection (9), if, during the period calculated in accordance with paragraph (g) or (h), the young person is found guilty of an offence punishable on summary conviction committed when he or she was a young person, the latest ofthe period calculated in accordance with paragraph (g) or (h), as the case may be, andthe period ending three years after the youth sentence imposed for that offence has been completed; andsubject to subsection (9), if, during the period calculated in accordance with paragraph (g) or (h), the young person is found guilty of an indictable offence committed when he or she was a young person, the period ending five years after the sentence imposed for that indictable offence has been completed.Prohibition orders not includedProhibition orders made under an Act of Parliament or the legislature of a province, including any order made under section 51, shall not be taken into account in determining any period referred to in subsection (2).Extrajudicial measuresAccess to a record kept under section 115 or 116 in respect of extrajudicial measures, other than extrajudicial sanctions, used in respect of a young person shall be given only to the following persons for the following purposes:a peace officer or the Attorney General, in order to make a decision whether to again use extrajudicial measures in respect of the young person;a person participating in a conference, in order to decide on the appropriate extrajudicial measure;a peace officer, the Attorney General or a person participating in a conference, if access is required for the administration of the case to which the record relates; anda peace officer for the purpose of investigating an offence.ExceptionWhen a youth justice court has withheld all or part of a report from any person under subsection 34(9) or (10) (nondisclosure of medical or psychological report) or 40(7) (nondisclosure of pre-sentence report), that person shall not be given access under subsection (1) to that report or part.Records of assessments or forensic DNA analysisAccess to a report made under section 34 (medical and psychological reports) or 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 given only under paragraphs (1)(a) to (c), (e) to (h) and (q) and subparagraph (1)(s)(ii).Introduction into evidenceNothing in paragraph (1)(h) or (q) authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence.Disclosures for research or statistical purposesWhen access to a record is given to a person under paragraph (1)(p) or subparagraph (1)(s)(i), the person may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates.Application of usual rulesIf, during the period of access to a record under any of paragraphs (2)(g) to (j), the young person is convicted of an offence committed when he or she is an adult,section 82 (effect of absolute discharge or termination of youth sentence) does not apply to the young person in respect of the offence for which the record is kept under sections 114 to 116;this Part no longer applies to the record and the record shall be dealt with as a record of an adult; andfor the purposes of the Criminal Records Act, the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction.Records of offences that result in a prohibition orderDespite anything in this Act, when a young person is found guilty of an offence that results in a prohibition order being made, and the order is still in force at the end of the applicable period for which access to a record kept in respect of the order may be given under subsection (2),the record kept by the Royal Canadian Mounted Police pursuant to subsection 115(3) may be disclosed only to establish the existence of the order for purposes of law enforcement; andthe record referred to in section 114 that is kept by the youth justice court may be disclosed only to establish the existence of the order in any offence involving a breach of the order.
  • 2002, c. 1, s. 119;
  • 2012, c. 1, ss. 157, 191(F).
Previous Version
Access to R.C.M.P. recordsThe following persons may, during the period set out in subsection (3), be given access to a record kept under subsection 115(3) in respect of an offence set out in the schedule:the young person to whom the record relates;the young person’s counsel, or any representative of that counsel;an employee or agent of the Government of Canada, for statistical purposes under the Statistics Act;any person or member of a class of persons that a youth justice court judge considers has a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that access is desirable in the public interest for research or statistical purposes;the Attorney General or a peace officer, when the young person is or has been charged with another offence set out in the schedule or the same offence more than once, 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;the Attorney General or a peace officer to establish the existence of an order in any offence involving a breach of the order; andany person for the purposes of the Firearms Act.Access for identification purposesDuring the period set out in subsection (3), access to the portion of a record kept under subsection 115(3) that contains the name, date of birth and last known address of the young person to whom the fingerprints belong, may be given to a person for identification purposes if a fingerprint identified as that of the young person is found during the investigation of an offence or during an attempt to identify a deceased person or a person suffering from amnesia.Period of accessFor the purposes of subsections (1) and (2), the period of access to a record kept under subsection 115(3) in respect of an offence is the following: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; andif 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.Subsequent offences as young personIf a young person was found guilty of an offence set out in the schedule is, during the period of access to a record under subsection (3), found guilty of an additional offence set out in the schedule, committed when he or she was a young person, access to the record may be given to the following additional persons:a parent of the young person or any adult assisting the young person under subsection 25(7);a judge, court or review board, for a purpose relating to proceedings against the young person under this Act or any other Act of Parliament in respect of offences committed or alleged to have been committed by the young person, whether as a young person or as an adult; ora member of a department or agency of a government in Canada, or of an organization that is an agent of, or is under contract with, the department or agency, who ispreparing a report in respect of the young person under this Act or for the purpose of assisting a court in sentencing the young person after the young person becomes an adult,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 sentence in respect of the young person, whether as a young person or as an adult, orconsidering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person after the young person becomes an adult.Disclosure for research or statistical purposesA person who is given access to a record under paragraph (1)(c) or (d) may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates.Subsequent offences as adultIf, during the period of access to a record under subsection (3), the young person is convicted of an additional offence set out in the schedule, committed when he or she was an adult,this Part no longer applies to the record and the record shall be dealt with as a record of an adult and may be included on the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police; andfor the purposes of the Criminal Records Act, the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction.
  • 2002, c. 1, s. 120;
  • 2012, c. 1, ss. 158, 192.
Previous Version
Deemed electionFor the purposes of sections 119 and 120, if 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 is deemed to have elected to proceed with the offence as an offence punishable on summary conviction.
Disclosure of information and copies of recordA person who is required or authorized to be given access to a record under section 119, 120, 123 or 124 may be given any information contained in the record and may be given a copy of any part of the record.
Where records may be made availableA youth justice court judge may, on application by a person after the end of the applicable period set out in subsection 119(2), order that the person be given access to all or part of a record kept under sections 114 to 116 or that a copy of the record or part be given to that person,if the youth justice court judge is satisfied thatthe person has a valid and substantial interest in the record or part,it is necessary for access to be given to the record or part in the interest of the proper administration of justice, anddisclosure of the record or part or the information in it is not prohibited under any other Act of Parliament or the legislature of a province; orif the youth court judge is satisfied that access to the record or part is desirable in the public interest for research or statistical purposes.Restriction for paragraph (1)(a)Paragraph (1)(a) applies in respect of a record relating to a particular young person or to a record relating to a class of young persons only if the identity of young persons in the class at the time of the making of the application referred to in that paragraph 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 sentence.NoticeSubject to subsection (4), an application for an order under paragraph (1)(a) 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 have had a reasonable opportunity to be heard.Where notice not requiredA youth justice court judge may waive the requirement in subsection (3) to give notice to a young person when the judge is of the opinion thatto insist on the giving of the notice would frustrate the application; orreasonable efforts have not been successful in finding the young person.Use of recordIn any order under subsection (1), the youth justice court judge shall set out the purposes for which the record may be used.Disclosure for research or statistical purposesWhen access to a record is given to any person under paragraph (1)(b), that person may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates.
Access to record by young personA young person to whom a record relates and his or her counsel may have access to the record at any time.
Disclosure of Information in a Record
Disclosure by peace officer during investigationA peace officer may disclose to any person any information in a record kept under section 114 (court records) or 115 (police records) that it is necessary to disclose in the conduct of the investigation of an offence.Disclosure by Attorney GeneralThe Attorney General may, in the course of a proceeding under this Act or any other Act of Parliament, disclose the following information in a record kept under section 114 (court reports) or 115 (police records):to a person who is a co-accused with the young person in respect of the offence for which the record is kept, any information contained in the record; andto an accused in a proceeding, if the record is in respect of a witness in the proceeding, information that identifies the witness as a young person who has been dealt with under this Act.Information that may be disclosed to a foreign stateThe Attorney General or a peace officer may disclose to the Minister of Justice of Canada information in a record that is kept under section 114 (court records) or 115 (police records) to the extent that it is necessary to deal with a request to or by a foreign state under the Mutual Legal Assistance in Criminal Matters Act, or for the purposes of any extradition matter under the Extradition Act. The Minister of Justice of Canada may disclose the information to the foreign state in respect of which the request was made, or to which the extradition matter relates, as the case may be.Disclosure to insurance companyA peace officer may disclose to an insurance company information in a record that is kept under section 114 (court records) or 115 (police records) for the purpose of investigating a claim arising out of an offence committed or alleged to have been committed by the young person to whom the record relates.Preparation of reportsThe provincial director or a youth worker may disclose information contained in a record if the disclosure is necessary for procuring information that relates to the preparation of a report required by this Act.Schools and othersThe provincial director, a youth worker, the Attorney General, a peace officer or any other person engaged in the provision of services to young persons may disclose to any professional or other person engaged in the supervision or care of a young person — including a representative of any school board or school or any other educational or training institution — any information contained in a record kept under sections 114 to 116 if the disclosure is necessaryto ensure compliance by the young person with an authorization under section 91 or an order of the youth justice court;to ensure the safety of staff, students or other persons; orto facilitate the rehabilitation of the young person.Information to be kept separateA person to whom information is disclosed under subsection (6) shallkeep the information separate from any other record of the young person to whom the information relates;ensure that no other person has access to the information except if authorized under this Act, or if necessary for the purposes of subsection (6); anddestroy their copy of the record when the information is no longer required for the purpose for which it was disclosed.Time limitNo information may be disclosed under this section after the end of the applicable period set out in subsection 119(2) (period of access to records).
Records in the custody, etc., of archivistsWhen records originally kept under sections 114 to 116 are under the custody or control of the Librarian and Archivist of Canada or the archivist for any province, that person may disclose any information contained in the records to any other person ifa youth justice court judge is satisfied that the disclosure is desirable in the public interest for research or statistical purposes; andthe 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.
  • 2002, c. 1, s. 126;
  • 2004, c. 11, s. 48.
Previous Version
Disclosure with court orderThe youth justice court may, on the application of the provincial director, the Attorney General or a peace officer, make an order permitting the applicant to disclose to the person or persons specified by the court any information about a young person that is specified, if the court is satisfied that the disclosure is necessary, having regard to the following circumstances:the young person has been found guilty of an offence involving serious personal injury;the young person poses a risk of serious harm to persons; andthe disclosure of the information is relevant to the avoidance of that risk.Opportunity to be heardSubject to subsection (3), before making an order under subsection (1), the youth justice court shall give the young person, a parent of the young person and the Attorney General an opportunity to be heard.Ex parte applicationAn application under subsection (1) may be made ex parte by the Attorney General where the youth justice court is satisfied that reasonable efforts have been made to locate the young person and that those efforts have not been successful.Time limitNo information may be disclosed under subsection (1) after the end of the applicable period set out in subsection 119(2) (period of access to records).
Disposition or Destruction of Records and Prohibition on Use and Disclosure
Effect of end of access periodsSubject to sections 123, 124 and 126, after the end of the applicable period set out in section 119 or 120 no record kept under sections 114 to 116 may be used for any purpose that would identify the young person to whom the record relates as a young person dealt with under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.Disposal of recordsSubject to paragraph 125(7)(c), any record kept under sections 114 to 116, other than a record kept under subsection 115(3), may, in the discretion of the person or body keeping the record, be destroyed or transmitted to the Librarian and Archivist of Canada or the archivist for any province, at any time before or after the end of the applicable period set out in section 119.Disposal of R.C.M.P. recordsAll records kept under subsection 115(3) shall be destroyed or, if the Librarian and Archivist of Canada requires it, transmitted to the Librarian and Archivist, at the end of the applicable period set out in section 119 or 120.Purging CPICThe Commissioner of the Royal Canadian Mounted Police shall remove a record from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police at the end of the applicable period referred to in section 119; however, information relating to a prohibition order made under an Act of Parliament or the legislature of a province shall be removed only at the end of the period for which the order is in force.ExceptionDespite subsections (1), (2) and (4), an entry that is contained in a system maintained by the Royal Canadian Mounted Police to match crime scene information and that relates to an offence committed or alleged to have been committed by a young person shall be dealt with in the same manner as information that relates to an offence committed by an adult for which a record suspension ordered under the Criminal Records Act is in effect.Authority to inspectThe Librarian and Archivist of Canada may, at any time, inspect records kept under sections 114 to 116 that are under the control of a government institution as defined in section 2 of the Library and Archives of Canada Act, and the archivist for a province may at any time inspect any records kept under those sections that the archivist is authorized to inspect under any Act of the legislature of the province.Definition of destroyFor the purposes of subsections (2) and (3), destroy, in respect of a record, meansto shred, burn or otherwise physically destroy the record, in the case of a record other than a record in electronic form; andto delete, write over or otherwise render the record inaccessible, in the case of a record in electronic form.
  • 2002, c. 1, s. 128;
  • 2004, c. 11, s. 49;
  • 2012, c. 1, s. 159.
Previous Version
No subsequent disclosureNo person who is given access to a record or to whom information is disclosed under this Act shall disclose that information to any other person unless the disclosure is authorized under this Act.
GENERAL PROVISIONSDisqualification of Judge
Disqualification of judgeSubject to subsection (2), a youth justice court judge who, prior to an adjudication in respect of a young person charged with an offence, examines a pre-sentence report made in respect of the young person in connection with that offence or has, after a guilty plea or a finding of guilt, heard submissions as to sentence and then there has been a change of plea, 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.ExceptionA youth justice 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 or she has not been predisposed by a guilty plea or finding of guilt, or by information contained in the pre-sentence report or submissions as to sentence.
Substitution of Judge
Powers of substitute youth justice court judgeA youth justice court judge who acts in the place of another youth justice court judge under subsection 669.2(1) (continuation of proceedings) of the Criminal Code shallif an adjudication has been made, proceed to sentence the young person or make the order that, in the circumstances, is authorized by law; orif no adjudication has been made, recommence the trial as if no evidence had been taken.Transcript of evidence already givenA youth justice court judge who recommences a trial under paragraph (1)(b) may, if the parties consent, admit into evidence a transcript of any evidence already given in the case.
Exclusion from Hearing
Exclusion from hearingSubject to subsection (2), a court or justice before whom proceedings are carried out under this Act may exclude any person from all or part of the proceedings if the court or justice considers that the person’s presence is unnecessary to the conduct of the proceedings and the court or justice is of the opinion thatany evidence or information presented to the court or justice would be seriously injurious or seriously prejudicial tothe young person who is being dealt with in the proceedings,a child or young person who is a witness in the proceedings, ora child or young person who is aggrieved by or the victim of the offence charged in the proceedings; orit 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.ExceptionSubject to section 650 (accused to be present) of the Criminal Code and except if it is necessary for the purposes of subsection 34(9) (nondisclosure of medical or psychological report) of this Act, a court or justice may not, under subsection (1), exclude from proceedings under this Actthe prosecutor;the young person who is being dealt with in the proceedings, the counsel or a parent of the young person or any adult assisting the young person under subsection 25(7);the provincial director or his or her agent; orthe youth worker to whom the young person’s case has been assigned.Exclusion after adjudication or during reviewA youth justice court, after it has found a young person guilty of an offence, or a youth justice court or a review board, during a review, may, in its discretion, exclude from the court or from a hearing of the review board any person other than the following, when it is being presented with information the knowledge of which might, in its opinion, be seriously injurious or seriously prejudicial to the young person:the young person or his or her counsel;the provincial director or his or her agent;the youth worker to whom the young person’s case has been assigned; andthe Attorney General.ExceptionThe exception set out in paragraph (3)(a) is subject to subsection 34(9) (nondisclosure of medical or psychological report) of this Act and section 650 (accused to be present) of the Criminal Code.
Transfer of Charges
Transfer of chargesDespite subsections 478(1) and (3) of the Criminal Code, a young person charged with an offence that is alleged to have been committed in one province may, if the Attorney General of the province consents, appear before a youth justice court of any other province andif the young person pleads guilty to that offence and the youth justice court is satisfied that the facts support the charge, the court shall find the young person guilty of the offence alleged in the information or indictment; andif the young person pleads not guilty to that offence, or pleads guilty but the court is not satisfied that the facts support the charge, the young person shall, if he or she was detained in custody prior to the appearance, be returned to custody and dealt with according to law.
Forfeiture of Recognizances
Applications for forfeiture of recognizancesApplications for the forfeiture of recognizances of young persons shall be made to the youth justice court.
Proceedings in case of defaultWhen a recognizance binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code, a youth justice court judge shallon the request of the Attorney General, fix a time and place for the hearing of an application for the forfeiture of the recognizance; andafter fixing a time and place for the hearing, cause to be sent by confirmed delivery service, not less than ten days before the time so fixed, to each principal and surety named in the recognizance, directed to his or her latest known address, a notice requiring him or her 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 recognizanceWhen subsection (1) is complied with, the youth justice court judge may, after giving the parties an opportunity to be heard, in his or her discretion grant or refuse the application and make any order with respect to the forfeiture of the recognizance that he or she considers proper.Judgment debtors of the CrownIf, under subsection (2), a youth justice court judge orders forfeiture of a recognizance, the principal and his or her sureties become judgment debtors of the Crown, each in the amount that the judge orders him or her to pay.Order may be filedAn order made under subsection (2) may be filed with the clerk of the superior court or, in the province of Quebec, the prothonotary and, if 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 or her sureties resides, carries on business or has property.If a deposit has been madeIf 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 applySubsections 770(2) (transmission of recognizance) and (4) (transmission of deposit) of the Criminal Code do not apply in respect of proceedings under this Act.Sections 772 and 773 of Criminal Code applySections 772 (levy under writ) and 773 (committal when writ not satisfied) of the Criminal Code apply in respect of writs of fieri facias issued under this section as if they were issued under section 771 (proceedings in case of default) of that Act.
Offences and Punishment
Inducing a young person, etc.Every person whoinduces or assists a young person to leave unlawfully a place of custody or other place in which the young person has been placed in accordance with a youth sentence or a disposition imposed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,unlawfully removes a young person from a place referred to in paragraph (a),knowingly harbours or conceals a young person who has unlawfully left a place referred to in paragraph (a),wilfully induces or assists a young person to breach or disobey a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, orwilfully prevents or interferes with the performance by a young person of a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,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 judgeThe jurisdiction of a provincial court judge to try an adult charged with an indictable offence under this section is absolute and does not depend on the consent of the accused.
Failure to comply with sentence or dispositionEvery person who is subject to a youth sentence imposed under any of paragraphs 42(2)(c) to (m) or (s) of this Act, to a victim fine surcharge ordered under subsection 53(2) of this Act or to a disposition made under any of paragraphs 20(1)(a.1) to (g), (j) or (l) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and who wilfully fails or refuses to comply with that sentence, surcharge or disposition is guilty of an offence punishable on summary conviction.
OffencesEvery person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or 46(1) (prohibition against disclosure) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; oris guilty of an offence punishable on summary conviction.Provincial court judge has absolute jurisdiction on indictmentThe jurisdiction of a provincial court judge to try an adult charged with an offence under paragraph (1)(a) is absolute and does not depend on the consent of the accused.
Offence and punishmentEvery person who wilfully fails to comply with section 30 (designated place of temporary detention), or with an undertaking entered into under subsection 31(3) (condition of placement),is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; oris guilty of an offence punishable on summary conviction.Offence and punishmentEvery person who wilfully fails to comply with section 7 (designated place of temporary detention) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or with an undertaking entered into under subsection 7.1(2) (condition of placement) of that Act is guilty of an offence punishable on summary conviction.PunishmentAny person who uses or authorizes the use of an application form in contravention of subsection 82(3) (application for employment) is guilty of an offence punishable on summary conviction.
Application of Criminal Code
Application of Criminal CodeExcept to the extent that it is inconsistent with or excluded by this Act, the provisions of the Criminal Code apply, with any modifications that the circumstances require, in respect of offences alleged to have been committed by young persons.
Sections of Criminal Code applicableExcept to the extent that they are inconsistent with or excluded by this Act, section 16 (defence of mental disorder) and Part XX.1 (mental disorder) of the Criminal Code apply, with any modifications that 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 parentsFor the purposes of subsection (1),wherever in Part XX.1 (mental disorder) of the Criminal Code a reference is made to 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 toany counsel representing the young person,a parent of the young person who is in attendance at the proceedings against the young person, anda parent of the young person not in attendance at the proceedings who is, in the opinion of the youth justice court or Review Board, taking an active interest in the proceedings; andwherever in Part XX.1 (mental disorder) of the Criminal Code a reference is made to 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 a parent of the young person and any counsel representing the young person.Proceedings not invalidSubject 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.ExceptionFailure 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 unlessa parent of the young person attends at the court or Review Board with the young person; ora youth justice court judge or Review Board before whom proceedings are held against the young personadjourns the proceedings and orders that the notice be given in the manner and to the persons that the judge or Review Board directs, ordispenses with the notice if the youth justice court or Review Board is of the opinion that, having regard to the circumstances, the notice may be dispensed with.[Repealed, 2005, c. 22, s. 63]Considerations of court or Review Board making a dispositionBefore making or reviewing a disposition in respect of a young person under Part XX.1 (mental disorder) of the Criminal Code, a youth justice court or Review Board shall consider the age and special needs of the young person and any representations or submissions made by a parent of the young person.[Repealed, 2005, c. 22, s. 63]Prima facie case to be made every yearFor the purpose of applying subsection 672.33(1) (fitness to stand trial) 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 personsA reference in Part XX.1 (mental disorder) 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 for the province for the custody, treatment or assessment of young persons.Definition of Review BoardIn this section, Review Board has the meaning assigned by section 672.1 of the Criminal Code.
  • 2002, c. 1, s. 141;
  • 2005, c. 22, s. 63.
Previous Version
Part XXVII and summary conviction trial provisions of Criminal Code to applySubject to this section and except to the extent that they are inconsistent with this Act, the provisions of Part XXVII (summary conviction offences) of the Criminal Code, and any other provisions of that Act that apply in respect of summary conviction offences and relate to trial proceedings, apply to proceedings under this Actin respect of an order under section 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of criminal organization offence) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act;in respect of a summary conviction offence; andin respect of an indictable offence as if it were defined in the enactment creating it as a summary conviction offence.Indictable offencesFor greater certainty and despite 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 of Parliament, an indictable offence.Attendance of young personSection 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 periodIn proceedings under this Act, subsection 786(2) of the Criminal Code does not apply in respect of an indictable offence.CostsSection 809 of the Criminal Code does not apply in respect of proceedings under this Act.
Procedure
Counts charged in informationIndictable offences and offences punishable on summary conviction may under this Act be charged in the same information or indictment and tried jointly.
Issue of subpoenaIf a person is required to attend to give evidence before a youth justice court, the subpoena directed to that person may be issued by a youth justice court judge, whether or not the person whose attendance is required is within the same province as the youth justice court.Service of subpoenaA subpoena issued by a youth justice court and directed to a person who is not within the same province as the youth justice court shall be served personally on the person to whom it is directed.
WarrantA warrant issued by a youth justice court may be executed anywhere in Canada.
Evidence
General law on admissibility of statements to applySubject 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 admissibleNo oral or written statement made by a young person who is less than eighteen years old, 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 unlessthe statement was voluntary;the person to whom the statement was made has, before the statement was made, clearly explained to the young person, in language appropriate to his or her age and understanding, thatthe young person is under no obligation to make a statement,any statement made by the young person may be used as evidence in proceedings against him or her,the young person has the right to consult counsel and a parent or other person in accordance with paragraph (c), andany 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;the young person has, before the statement was made, been given a reasonable opportunity to consultwith counsel, andwith 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, as long as that person is not a co-accused, or under investigation, in respect of the same offence; andif the young person consults a person in accordance with 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 statementsThe requirements set out in paragraphs (2)(b) to (d) do not apply in respect of oral statements if 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 consultA young person may waive the rights under paragraph (2)(c) or (d) but any such waivermust be recorded on video tape or audio tape; ormust be in writing and contain a statement signed by the young person that he or she has been informed of the right being waived.Waiver of right to consultWhen a waiver of rights under paragraph (2)(c) or (d) is not made in accordance with subsection (4) owing to a technical irregularity, the youth justice court may determine that the waiver is valid if it is satisfied that the young person was informed of his or her rights, and voluntarily waived them.Admissibility of statementsWhen there has been a technical irregularity in complying with paragraphs (2)(b) to (d), the youth justice court may admit into evidence a statement referred to in subsection (2), if satisfied that the admission of the statement would not bring into disrepute the principle that young persons are entitled to enhanced procedural protection to ensure that they are treated fairly and their rights are protected.Statements made under duress are inadmissibleA youth justice court judge may rule inadmissible in any proceedings under this Act a statement made by the young person in respect of whom the proceedings are taken if the young person satisfies the judge that the statement was made under duress imposed by any person who is not, in law, a person in authority.Misrepresentation of ageA youth justice court judge may in any proceedings under this Act rule admissible any statement or waiver by a young person if, at the time of the making of the statement or waiver,the young person held himself or herself to be eighteen years old or older;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 old or older; andin all other circumstances the statement or waiver would otherwise be admissible.Parent, etc., not a person in authorityFor the purpose of this section, a person consulted under paragraph (2)(c) is, in the absence of evidence to the contrary, deemed not to be a person in authority.
Statements not admissible against young personSubject to subsection (2), if a young person is assessed in accordance with an order made under subsection 34(1) (medical or psychological assessment), 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.ExceptionsA statement referred to in subsection (1) is admissible in evidence for the purposes ofmaking a decision on an application heard under section 71 (hearing — adult sentences);determining whether the young person is unfit to stand trial;determining whether the balance of the mind of the young person was disturbed at the time of commission of the alleged offence, if the young person is a female person charged with an offence arising out of the death of her newly-born child;making or reviewing a sentence in respect of the young person;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;challenging the credibility of a young person in any proceeding if 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;establishing the perjury of a young person who is charged with perjury in respect of a statement made in any proceeding;deciding an application for an order under subsection 104(1) (continuation of custody);setting the conditions under subsection 105(1) (conditional supervision);conducting a review under subsection 109(1) (review of decision); ordeciding an application for a disclosure order under subsection 127(1) (information about a young person).
Testimony of a parentIn any proceedings under this Act, the testimony of a parent as to the age of a person of whom he or she is a parent is admissible as evidence of the age of that person.Evidence of age by certificate or recordIn any proceedings under this Act,a birth or baptismal certificate or a copy of it 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; andan 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 evidenceIn the absence of any certificate, copy, entry or record mentioned in subsection (2), or in corroboration of that certificate, copy, entry or record, the youth justice court may receive and act on any other information relating to age that it considers reliable.When age may be inferredIn any proceedings under this Act, the youth justice 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.
AdmissionsA party to any proceedings under this Act may admit any relevant fact or matter for the purpose of dispensing with proof of it, 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 evidenceNothing in this section precludes a party to a proceeding from adducing evidence to prove a fact or matter admitted by another party.
Material evidenceAny 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 if the young person is represented by counsel, be given in such proceedings.
Evidence of a child or young personThe evidence of a child or a young person may be taken in proceedings under this Act only after the youth justice court judge or the justice in the proceedings hasif the witness is a child, instructed the child as to the duty to speak the truth and the consequences of failing to do so; andif the witness is a young person and the judge or justice considers it necessary, instructed the young person as to the duty to speak the truth and the consequences of failing to do so.
Proof of serviceFor 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 confirmed delivery service.Proof of signature and official character unnecessaryIf 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 of the affidavit or declaration.
Seal not requiredIt is not necessary to the validity of any information, indictment, summons, warrant, minute, sentence, 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 to it.
Forms, Regulations and Rules of Court
FormsThe forms prescribed under section 155, varied to suit the case, or forms to the like effect, are valid and sufficient in the circumstances for which they are provided.If forms not prescribedIn any case for which forms are not prescribed under section 155, the forms set out in Part XXVIII of the Criminal Code, with any modifications that the circumstances require, or other appropriate forms, may be used.
RegulationsThe Governor in Council may make regulationsprescribing forms that may be used for the purposes of this Act;establishing uniform rules of court for youth justice courts across Canada, including rules regulating the practice and procedure to be followed by youth justice courts; andgenerally for carrying out the purposes and provisions of this Act.
Agreements with Provinces
Agreements with provincesAny 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 in the province for care of and services provided to young persons dealt with under this Act.
Programs
Community-based programsThe Attorney General of Canada or a minister designated by the lieutenant governor in council of a province may establish the following types of community-based programs:programs that are an alternative to judicial proceedings, such as victim-offender reconciliation programs, mediation programs and restitution programs;programs that are an alternative to detention before sentencing, such as bail supervision programs; andprograms that are an alternative to custody, such as intensive support and supervision programs, and programs to carry out attendance orders.
TRANSITIONAL PROVISIONS
Prohibition on proceedingsOn and after the coming into force of this section, no proceedings may be commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act, or under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act.
Proceedings commenced under Young Offenders ActSubject to section 161, where, before the coming into force of this section, proceedings are commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act alleged to have been committed by a person who was at the time of the offence a young person within the meaning of that Act, the proceedings and all related matters shall be dealt with in all respects as if this Act had not come into force.Proceedings commenced under Juvenile Delinquents ActSubject to section 161, where, before the coming into force of this section, proceedings are commenced under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act alleged to have been committed by a person who was at the time of the delinquency a child as defined in that Act, the proceedings and all related matters shall be dealt with under this Act as if the delinquency were an offence that occurred after the coming into force of this section.
[Repealed, 2012, c. 1, s. 193]Previous Version
Applicable sentenceA person referred to in section 159 who is found guilty of an offence or delinquency, other than a person convicted of an offence in ordinary court, as defined in subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, shall be sentenced under this Act, except thatparagraph 110(2)(b) does not apply in respect of the offence or delinquency; andparagraph 42(2)(r) applies in respect of the offence or delinquency only if the young person consents to its application.The provisions of this Act applicable to sentences imposed under section 42 apply in respect of the sentence.Dispositions under paragraph 20(1)(k) or (k.1) of Young Offenders ActWhere a young person is to be sentenced under this Act while subject to a disposition under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, on the application of the Attorney General or the young person, a youth justice court shall, unless to do so would bring the administration of justice into disrepute, order that the remaining portion of the disposition made under that Act be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under paragraph 42(2)(n) or (q) of this Act, as the case may be.Review of sentenceFor greater certainty, for the purpose of determining when the sentence is reviewed under section 94, the relevant date is the one on which the disposition came into force under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
Commencement of proceedingsFor the purposes of sections 158 and 159, proceedings are commenced by the laying of an information or indictment.
  • 2002, c. 1, s. 162;
  • 2012, c. 1, s. 194.
Previous Version
Application to delinquency and other offending behaviourSections 114 to 129 apply, with any modifications that 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, and in respect of records kept under sections 40 to 43 of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
Agreements continue in forceAny agreement made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, remains in force until it expires, unless it is amended or a new agreement is made under this Act.
Designation of youth justice courtAny court established or designated as a youth court for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is deemed, as of the coming into force of this section, to have been established or designated as a youth justice court for the purposes of this Act.Designation of youth justice court judgesAny person appointed to be a judge of the youth court for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is deemed, as of the coming into force of this section, to have been appointed as a judge of the youth justice court for the purposes of this Act.Designation of provincial directors and youth workersAny person, group or class of persons or body appointed or designated as a provincial director for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and any person appointed or designated as a youth worker for the purposes of that Act is deemed, as of the coming into force of this section, to have been appointed or designated as a provincial director or youth worker, as the case may be, for the purposes of this Act.Designation of review boards and youth justice committeesAny review board established or designated for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and any youth justice committee established for the purposes of that Act is deemed, as of the coming into force of this section, to have been established or designated as a review board or a youth justice committee, as the case may be, for the purposes of this Act.Alternative measures continued as extrajudicial sanctionsAny program of alternative measures authorized for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is deemed, as of the coming into force of this section, to be a program of extrajudicial sanctions authorized for the purposes of this Act.Designation of places of temporary detention and youth custodySubject to subsection (7), any place that was designated as a place of temporary detention or open custody for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and any place or facility designated as a place of secure custody for the purposes of that Act is deemed, as of the coming into force of this section, to have been designated for the purposes of this Act asin the case of a place of temporary detention, a place of temporary detention; andin the case of a place of open custody or secure custody, a youth custody facility.ExceptionIf the lieutenant governor in council of a province makes an order under section 88 that the power to make determinations of the level of custody for young persons and to review those determinations be exercised in accordance with the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the designation of any place as a place of open custody or secure custody for the purposes of that Act remains in force for the purposes of section 88, subject to revocation or amendment of the designation.Designation of other personsAny person designated as a clerk of the youth court for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or any person or group of persons who were designated under that Act to carry out specified functions and duties are deemed, as of the coming into force of this section, to have been designated as a clerk of the youth justice court, or to carry out the same functions and duties, as the case may be, under this Act.
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCEConsequential Amendments
[Amendments]
Repeal
[Repeal]
Coming into Force
Coming into forceThe provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.[Note: Act in force April 1, 2003, see SI/2002-91.]
(Subsections 120(1), (4) and (6))An offence under any of the following provisions of the Criminal Code:paragraph 81(2)(a) (using explosives);subsection 85(1) (using firearm in commission of offence);section 151 (sexual interference);section 152 (invitation to sexual touching);section 153 (sexual exploitation);section 155 (incest);section 159 (anal intercourse);section 170 (parent or guardian procuring sexual activity by child);subsection 212(2) (living off the avails of prostitution by a child);subsection 212(4) (obtaining sexual services of a child);section 231 or 235 (first degree murder or second degree murder within the meaning of section 231);section 232, 234 or 236 (manslaughter);section 239 (attempt to commit murder);section 267 (assault with a weapon or causing bodily harm);section 268 (aggravated assault);section 269 (unlawfully causing bodily harm);section 271 (sexual assault);section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);section 273 (aggravated sexual assault);section 279 (kidnapping);section 344 (robbery);section 433 (arson — disregard for human life);section 434.1 (arson — own property);section 436 (arson by negligence); andparagraph 465(1)(a) (conspiracy to commit murder).An offence under any of the following provisions of the Criminal Code, as they read immediately before July 1, 1990:section 433 (arson);section 434 (setting fire to other substance); andsection 436 (setting fire by negligence).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:section 144 (rape);section 145 (attempt to commit rape);section 149 (indecent assault on female);section 156 (indecent assault on male); andsection 246 (assault with intent).An offence under any of the following provisions of the Controlled Drugs and Substances Act:section 5 (trafficking);section 6 (importing and exporting); andsection 7 (production of substance).RELATED PROVISIONS — 2012, c. 1, par. 163(c)
Pending applications — references in other legislationA reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force:paragraph 82(1)(d) and subparagraphs 119(1)(n)(iii) and 120(4)(c)(iii) of the Youth Criminal Justice Act.
 — 2012, c. 1, par. 165(f)
Pardons in effect — references in other legislationA reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:subsection 128(5) of the Youth Criminal Justice Act.
 — 2012, c. 1, s. 195
Offences committed before this section in forceAny 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 thatthe 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;paragraph 3(1)(a) of that Act, as enacted by subsection 168(1), does not apply in respect of the offence;paragraph 38(2)(f) of that Act, as enacted by section 172, does not apply in respect of the offence;paragraph 39(1)(c) of that Act, as enacted by section 173, does not apply in respect of the offence; andsection 75 of that Act, as enacted by section 185, does not apply in respect of the offence.