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

Marginal note:Procedural safeguards

• 86. (1) The 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 be

  • (a) provided with any relevant information to which the provincial director has access in making the determination, subject to subsection (2);

  • (b) given the opportunity to be heard; and

  • (c) informed of any right to a review under section 87.

• Marginal note:Withholding of information

  (2) Where 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.

Marginal note:Review

• 87. (1) A young person may apply for a review under this section of a determination

  • (a) under 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; or

  • (b) under 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.

• Marginal note:Procedural safeguards

  (2) The lieutenant governor in council of a province shall ensure that procedures are in place for the review under subsection (1), including that

  • (a) the review board that conducts the review be independent;

  • (b) the young person be provided with any relevant information to which the review board has access, subject to subsection (3); and

  • (c) the young person be given the opportunity to be heard.

• Marginal note:Withholding of information

  (3) Where 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.

• Marginal note:Factors

  (4) The review board shall take into account the factors referred to in subsection 85(5) in reviewing a determination.

• Marginal note:Decision is final

  (5) A decision of the review board under this section in respect of a particular determination is final.

Marginal note:Functions to be exercised by youth justice court

88. The 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:

• (a) the definitions “review board” and “progress report” in subsection 2(1);

• (b) section 11;

• (c) sections 24.1 to 24.3; and

• (d) sections 28 to 31.