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

Marginal note:Disclosure by peace officer during investigation

• 125 (1) A 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.

• Marginal note:Disclosure by Attorney General

  (2) The 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):

  • (a) 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; and

  • (b) to 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.

• Marginal note:Information that may be disclosed to a foreign state

  (3) The 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.

• Marginal note:Disclosure to insurance company

  (4) A 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.

• Marginal note:Preparation of reports

  (5) The 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.

• Marginal note:Schools and others

  (6) The 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 necessary

  • (a) to ensure compliance by the young person with an authorization under section 91 or an order of the youth justice court;

  • (b) to ensure the safety of staff, students or other persons; or

  • (c) to facilitate the rehabilitation of the young person.

• Marginal note:Information to be kept separate

  (7) A person to whom information is disclosed under subsection (6) shall

  • (a) keep the information separate from any other record of the young person to whom the information relates;

  • (b) 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); and

  • (c) destroy their copy of the record when the information is no longer required for the purpose for which it was disclosed.

• Marginal note:Time limit

  (8) No 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).