Transitional Provisions

Marginal note:New applications for pardons

161. Subject to section 162, an application for a pardon under the Criminal Records Act in respect of an offence that is referred to in paragraph 4(a) or (b) of that Act, as it read immediately before the day on which this section comes into force, and that is committed before that day shall be dealt with and disposed of in accordance with the Criminal Records Act, as amended by this Part, as though it were an application for a record suspension.

Marginal note:Pending applications — Criminal Records Act

162. An application for a pardon under the Criminal Records Act that is made on or after the day on which the Limiting Pardons for Serious Crimes Act, chapter 5 of the Statutes of Canada, 2010, came into force and before the day on which this section comes into force shall be dealt with and disposed of in accordance with the Criminal Records Act, as it read when the Board received the application, if the application is not finally disposed of on the day on which this section comes into force.

Marginal note:Pending applications — references in other legislation

163. A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force:

• (a) paragraph 672.35(c) and subsection 750(4) of the Criminal Code;

• (b) paragraph 202.14(2)(h) of the National Defence Act; and

• (c) paragraph 82(1)(d) and subparagraphs 119(1)(n)(iii) and 120(4)(c)(iii) of the Youth Criminal Justice Act.

Marginal note:Pardons in effect — Criminal Records Act

164. The Criminal Records Act, as it read immediately before the day on which this section comes into force, applies to a pardon that was granted on or after the day on which the Limiting Pardons for Serious Crimes Act, chapter 5 of the Statutes of Canada, 2010, came into force and before the day on which this section comes into force and that has not been revoked or ceased to have effect.

Marginal note:Pardons in effect — references in other legislation

165. A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:

• (a) the definition “conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered” in section 25 of the Canadian Human Rights Act;

• (b) the definition “record suspension” in subsection 490.011(1) of the Criminal Code;

• (c) subsection 10(8) of the DNA Identification Act;

• (d) paragraphs 36(3)(b) and 53(f) of the Immigration and Refugee Protection Act;

• (e) the definition “record suspension” in section 227 of the National Defence Act; and

• (f) subsection 128(5) of the Youth Criminal Justice Act.

Coming into Force

Marginal note:Order in council

• 166. (1) The provisions of this Part, other than sections 108 to 146, 148 to 159 and 161 to 165, come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Sections 135 and 136 come into force on a day to be fixed by order of the Governor in Council.

PART 4YOUTH CRIMINAL JUSTICE

2002, c. 1Youth Criminal Justice Act

Amendments to the Act

• 167. (1) The definition “presumptive offence” in subsection 2(1) of the Youth Criminal Justice Act is repealed.

• (2) The definition “serious violent offence” in subsection 2(1) of the Act is replaced by the following:

  “serious violent offence”

  « infraction grave avec violence »

  “serious violent offence” means an offence under one of the following provisions of the Criminal Code:

  • (a) section 231 or 235 (first degree murder or second degree murder);

  • (b) section 239 (attempt to commit murder);

  • (c) section 232, 234 or 236 (manslaughter); or

  • (d) section 273 (aggravated sexual assault).

• (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

  “serious offence”

  « infraction grave »

  “serious offence” means an indictable offence under an Act of Parliament for which the maximum punishment is imprisonment for five years or more.

  “violent offence”

  « infraction avec violence »

  “violent offence” means

  • (a) an offence committed by a young person that includes as an element the causing of bodily harm;

  • (b) an attempt or a threat to commit an offence referred to in paragraph (a); or

  • (c) an offence in the commission of which a young person endangers the life or safety of another person by creating a substantial likelihood of causing bodily harm.

• 168. (1) Paragraph 3(1)(a) of the Act is replaced by the following:

  • (a) the youth criminal justice system is intended to protect the public by

    • (i) holding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person,

    • (ii) promoting the rehabilitation and reintegration of young persons who have committed offences, and

    • (iii) supporting the prevention of crime by referring young persons to programs or agencies in the community to address the circumstances underlying their offending behaviour;

• (2) The portion of paragraph 3(1)(b) of the Act before subparagraph (i) is replaced by the following:

  • (b) the criminal justice system for young persons must be separate from that of adults, must be based on the principle of diminished moral blameworthiness or culpability and must emphasize the following: