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

Act current to 2016-05-12 and last amended on 2015-07-19. Previous Versions

Marginal note:Failure to comply with sentence or disposition

 Every 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.

Marginal note:Offences
  •  (1) Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or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,

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Provincial court judge has absolute jurisdiction on indictment

    (2) The 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.

Marginal note:Offence and punishment
  •  (1) Every 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),

    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Offence and punishment

    (2) Every 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.

  • Marginal note:Punishment

    (3) Any 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

Marginal note:Application of Criminal Code

 Except 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.

Marginal note:Sections of Criminal Code applicable
  •  (1) Except 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.

  • Marginal note:Notice and copies to counsel and parents

    (2) For the purposes of subsection (1),

    • (a) 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 to

      • (i) any counsel representing the young person,

      • (ii) a parent of the young person who is in attendance at the proceedings against the young person, and

      • (iii) a 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; and

    • (b) wherever 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.

  • Marginal note:Proceedings not invalid

    (3) Subject 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.

  • Marginal note:Exception

    (4) Failure 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 unless

    • (a) a parent of the young person attends at the court or Review Board with the young person; or

    • (b) a youth justice court judge or Review Board before whom proceedings are held against the young person

      • (i) adjourns the proceedings and orders that the notice be given in the manner and to the persons that the judge or Review Board directs, or

      • (ii) dispenses 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.

  • (5) [Repealed, 2005, c. 22, s. 63]

  • Marginal note:Considerations of court or Review Board making a disposition

    (6) Before 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.

  • (7) to (9) [Repealed, 2005, c. 22, s. 63]

  • Marginal note:Prima facie case to be made every year

    (10) For 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.

  • Marginal note:Designation of hospitals for young persons

    (11) A 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 Board

    (12) In 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.
Marginal note:Part XXVII and summary conviction trial provisions of Criminal Code to apply
  •  (1) Subject 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 Act

    • (a) in respect of an order under section 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) 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;

    • (b) in respect of a summary conviction offence; and

    • (c) in respect of an indictable offence as if it were defined in the enactment creating it as a summary conviction offence.

  • Marginal note:Indictable offences

    (2) For 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.

  • Marginal note:Attendance of young person

    (3) Section 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.

  • Marginal note:Limitation period

    (4) In proceedings under this Act, subsection 786(2) of the Criminal Code does not apply in respect of an indictable offence.

  • Marginal note:Costs

    (5) Section 809 of the Criminal Code does not apply in respect of proceedings under this Act.

  • 2002, c. 1, s. 142;
  • 2015, c. 20, ss. 33, 36, c. 29, s. 15.
 
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