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

Marginal note:Part XXVII and summary conviction trial provisions of Criminal Code to apply

• 142. (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 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;

  • (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.

Marginal note:Counts charged in information

143. Indictable offences and offences punishable on summary conviction may under this Act be charged in the same information or indictment and tried jointly.

Marginal note:Issue of subpoena

• 144. (1) If 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.

• Marginal note:Service of subpoena

  (2) A 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.

Marginal note:Warrant

145. A warrant issued by a youth justice court may be executed anywhere in Canada.