Marginal note:Continuation of custody

• 104. (1) When a young person on whom a youth sentence under paragraph 42(2)(o), (q) or (r) has been imposed is held in custody and an application is made to the youth justice court by the Attorney General, within a reasonable time before the expiry of the custodial portion of the youth sentence, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court and the youth justice court may, after giving both parties and a parent of the young person an opportunity to be heard and if it is satisfied that there are reasonable grounds to believe that the young person is likely to commit an offence causing the death of or serious harm to another person before the expiry of the youth sentence the young person is then serving, order that the young person remain in custody for a period not exceeding the remainder of the youth sentence.

• Marginal note:Continuation of custody

  (2) If the hearing of an application under subsection (1) cannot be completed before the expiry of the custodial portion of the youth sentence, the court may order that the young person remain in custody until the determination of the application if the court is satisfied that the application was made in a reasonable time, having regard to all the circumstances, and that there are compelling reasons for keeping the young person in custody.

• Marginal note:Factors

  (3) For the purpose of determining an application under subsection (1), the youth justice court shall take into consideration any factor that is relevant to the case of the young person, including

  • (a) evidence of a pattern of persistent violent behaviour and, in particular,

    • (i) the number of offences committed by the young person that caused physical or psychological harm to any other person,

    • (ii) the young person’s difficulties in controlling violent impulses to the point of endangering the safety of any other person,

    • (iii) the use of weapons in the commission of any offence,

    • (iv) explicit threats of violence,

    • (v) behaviour of a brutal nature associated with the commission of any offence, and

    • (vi) a substantial degree of indifference on the part of the young person as to the reasonably foreseeable consequences, to other persons, of the young person’s behaviour;

  • (b) psychiatric or psychological evidence that a physical or mental illness or disorder of the young person is of such a nature that the young person is likely to commit, before the expiry of the youth sentence the young person is then serving, an offence causing the death of or serious harm to another person;

  • (c) reliable information that satisfies the youth justice court that the young person is planning to commit, before the expiry of the youth sentence the young person is then serving, an offence causing the death of or serious harm to another person; and

  • (d) the availability of supervision programs in the community that would offer adequate protection to the public from the risk that the young person might otherwise present until the expiry of the youth sentence the young person is then serving.

• Marginal note:Youth justice court to order appearance of young person

  (4) If a provincial director fails to cause a young person to be brought before the youth justice court under subsection (1), the youth justice court shall order the provincial director to cause the young person to be brought before the youth justice court without delay.

• Marginal note:Provisions to apply

  (5) Sections 99 to 101 apply, with any modifications that the circumstances require, in respect of an order made, or the refusal to make an order, under this section.

• Marginal note:If application denied

  (6) If an application under this section is denied, the court may, with the consent of the young person, the Attorney General and the provincial director, proceed as though the young person had been brought before the court as required under subsection 105(1).

Marginal note:Conditional supervision

• 105. (1) The provincial director of the province in which a young person on whom a youth sentence under paragraph 42(2)(o), (q) or (r) has been imposed is held in custody or, if applicable, with respect to whom an order has been made under subsection 104(1) (continuation of custody), shall cause the young person to be brought before the youth justice court at least one month before the expiry of the custodial portion of the youth sentence. The court shall, after giving the young person an opportunity to be heard, by order, set the conditions of the young person’s conditional supervision.

• Marginal note:Conditions to be included in order

  (2) The youth justice court shall include in the order under subsection (1) the following conditions, namely, that the young person

  • (a) keep the peace and be of good behaviour;

  • (b) appear before the youth justice court when required by the court to do so;

  • (c) report to the provincial director immediately on release, and then be under the supervision of the provincial director or a person designated by the youth justice court;

  • (d) inform the provincial director immediately on being arrested or questioned by the police;

  • (e) report to the police, or any named individual, as instructed by the provincial director;

  • (f) advise the provincial director of the young person’s address of residence on release and after release report immediately to the clerk of the youth justice court or the provincial director any change

    • (i) in that address,

    • (ii) in the young person’s normal occupation, including employment, vocational or educational training and volunteer work,

    • (iii) in the young person’s family or financial situation, and

    • (iv) that may reasonably be expected to affect the young person’s ability to comply with the conditions of the order;

  • (g) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order; and

  • (h) comply with any reasonable instructions that the provincial director considers necessary in respect of any condition of the conditional supervision in order to prevent a breach of that condition or to protect society.

• Marginal note:Other conditions

  (3) In setting conditions for the purposes of subsection (1), the youth justice court may include in the order the following conditions, namely, that the young person

  • (a) on release, travel directly to the young person’s place of residence, or to any other place that is noted in the order;

  • (b) make reasonable efforts to obtain and maintain suitable employment;

  • (c) attend school or any other place of learning, training or recreation that is appropriate, if the court is satisfied that a suitable program is available for the young person at such a place;

  • (d) reside with a parent, or any other adult that the court considers appropriate, who is willing to provide for the care and maintenance of the young person;

  • (e) reside in any place that the provincial director may specify;

  • (f) remain within the territorial jurisdiction of one or more courts named in the order;

  • (g) comply with conditions set out in the order that support and address the needs of the young person and promote the reintegration of the young person into the community; and

  • (h) comply with any other conditions set out in the order that the court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences.

• Marginal note:Temporary conditions

  (4) When a provincial director is required under subsection (1) to cause a young person to be brought before the youth justice court but cannot do so for reasons beyond the young person’s control, the provincial director shall so advise the youth justice court and the court shall, by order, set any temporary conditions for the young person’s conditional supervision that are appropriate in the circumstances.

• Marginal note:Conditions to be set at first opportunity

  (5) When an order is made under subsection (4), the provincial director shall bring the young person before the youth justice court as soon after the order is made as the circumstances permit and the court shall then set the conditions of the young person’s conditional supervision.

• Marginal note:Report

  (6) For the purpose of setting conditions under this section, the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information that may be of assistance to the court.

• Marginal note:Provisions apply

  (7) Subsections 99(2) to (7) (provisions respecting reports and notice) and 104(4) (ordering appearance of young person) apply, with any modifications that the circumstances require, in respect of any proceedings held under subsection (1).

• Marginal note:Provisions apply

  (8) Subsections 56(1) to (4) (provisions respecting probation orders), (7) (notice to appear) and (8) (warrant in default) and section 101 (review of youth justice court decision) apply, with any modifications that the circumstances require, in respect of an order made under subsection (1).

Marginal note:Suspension of conditional supervision

106. If the provincial director has reasonable grounds to believe that a young person has breached or is about to breach a condition of an order made under subsection 105(1), the provincial director may, in writing,

• (a) suspend the conditional supervision; and

• (b) order that the young person be remanded to any youth custody facility that the provincial director considers appropriate until a review is conducted under section 108 and, if applicable, section 109.

Marginal note:Apprehension

• 107. (1) If the conditional supervision of a young person is suspended under section 106, the provincial director may issue a warrant in writing, authorizing the apprehension of the young person and, until the young person is apprehended, the young person is deemed not to be continuing to serve the youth sentence the young person is then serving.

• Marginal note:Warrants

  (2) A warrant issued under subsection (1) shall be executed by any peace officer to whom it is given at any place in Canada and has the same force and effect in all parts of Canada as if it had been originally issued or subsequently endorsed by a provincial court judge or other lawful authority having jurisdiction in the place where it is executed.

• Marginal note:Peace officer may arrest

  (3) If a peace officer believes on reasonable grounds that a warrant issued under subsection (1) is in force in respect of a young person, the peace officer may arrest the young person without the warrant at any place in Canada.

• Marginal note:Requirement to bring before provincial director

  (4) If a young person is arrested under subsection (3) and detained, the peace officer making the arrest shall cause the young person to be brought before the provincial director or a person designated by the provincial director

  • (a) if the provincial director or the designated person is available within a period of twenty-four hours after the young person is arrested, without unreasonable delay and in any event within that period; and

  • (b) if the provincial director or the designated person is not available within that period, as soon as possible.

• Marginal note:Release or remand in custody

  (5) If a young person is brought before the provincial director or a person designated by the provincial director under subsection (4), the provincial director or the designated person

  • (a) if not satisfied that there are reasonable grounds to believe that the young person is the young person in respect of whom the warrant referred to in subsection (1) was issued, shall release the young person; or

  • (b) if satisfied that there are reasonable grounds to believe that the young person is the young person in respect of whom the warrant referred to in subsection (1) was issued, may remand the young person in custody to await execution of the warrant, but if no warrant for the young person’s arrest is executed within a period of forty-eight hours after the time the young person is remanded in custody, the person in whose custody the young person then is shall release the young person.