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

Act current to 2016-06-21 and last amended on 2015-07-19. Previous Versions

PART 6Publication, Records and Information

Protection of Privacy of Young Persons

Marginal note:Identity of offender not to be published
  •  (1) Subject 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.

  • Marginal note:Limitation

    (2) Subsection (1) does not apply

    • (a) in a case where the information relates to a young person who has received an adult sentence;

    • (b) in a case where the information relates to a young person who has received a youth sentence for a violent offence and the youth justice court has ordered a lifting of the publication ban under subsection 75(2); and

    • (c) in 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.

  • Marginal note:Exception

    (3) A 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.

  • Marginal note:Ex parte application for leave to publish

    (4) A 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 that

    • (a) there is reason to believe that the young person is a danger to others; and

    • (b) publication of the information is necessary to assist in apprehending the young person.

  • Marginal note:Order ceases to have effect

    (5) An order made under subsection (4) ceases to have effect five days after it is made.

  • Marginal note:Application for leave to publish

    (6) The 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.
Marginal note:Identity of victim or witness not to be published
  •  (1) Subject 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.

  • Marginal note:Exception

    (2) Information 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, by

    • (a) that 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; or

    • (b) the parents of that child or young person if he or she is deceased.

  • Marginal note:Application for leave to publish

    (3) The 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.

Marginal note:Non-application

 Once 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

Marginal note:Identification of Criminals Act applies
  •  (1) The Identification of Criminals Act applies in respect of young persons.

  • Marginal note:Limitation

    (2) No 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

Marginal note:Youth justice court, review board and other courts

 A 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.

Marginal note:Police records
  •  (1) A record relating to any offence alleged to have been committed by a young person, including the original or a copy of any fingerprints or photographs of the young person, may be kept by any police force responsible for or participating in the investigation of the offence.

  • Marginal note:Extrajudicial measures

    (1.1) The police force shall keep a record of any extrajudicial measures that they use to deal with young persons.

  • Marginal note:Police records

    (2) When 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.

  • Marginal note:Records held by R.C.M.P.

    (3) 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.
Marginal note:Government records
  •  (1) A department or an agency of any government in Canada may keep records containing information obtained by the department or agency

    • (a) for the purposes of an investigation of an offence alleged to have been committed by a young person;

    • (b) for use in proceedings against a young person under this Act;

    • (c) for the purpose of administering a youth sentence or an order of the youth justice court;

    • (d) for the purpose of considering whether to use extrajudicial measures to deal with a young person; or

    • (e) as a result of the use of extrajudicial measures to deal with a young person.

  • Marginal note:Other records

    (2) A person or organization may keep records containing information obtained by the person or organization

    • (a) as a result of the use of extrajudicial measures to deal with a young person; or

    • (b) for the purpose of administering or participating in the administration of a youth sentence.

Access to Records

Marginal note:Exception — adult sentence

 Sections 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.

Marginal note:No access unless authorized
  •  (1) Except 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.

  • Marginal note:Exception for employees

    (2) No person who is employed in keeping or maintaining records referred to in subsection (1) is restricted from doing anything prohibited under subsection (1) with respect to any other person so employed.

 
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