Marginal note:Review by provincial director

108. Without delay after the remand to custody of a young person whose conditional supervision has been suspended under section 106, or without delay after being informed of the arrest of such a young person, the provincial director shall review the case and, within forty-eight hours, cancel the suspension of the conditional supervision or refer the case to the youth justice court for a review under section 109.

Marginal note:Review by youth justice court

• 109. (1) If the case of a young person is referred to the youth justice court under section 108, the provincial director shall, without delay, cause the young person to be brought before the youth justice court, and the youth justice court shall, after giving the young person an opportunity to be heard,

  • (a) if the court is not satisfied on reasonable grounds that the young person has breached or was about to breach a condition of the conditional supervision, cancel the suspension of the conditional supervision; or

  • (b) if the court is satisfied on reasonable grounds that the young person has breached or was about to breach a condition of the conditional supervision, review the decision of the provincial director to suspend the conditional supervision and make an order under subsection (2).

• Marginal note:Order

  (2) On completion of a review under subsection (1), the youth justice court shall order

  • (a) the cancellation of the suspension of the conditional supervision, and when the court does so, the court may vary the conditions of the conditional supervision or impose new conditions;

  • (b) in a case other than a deferred custody and supervision order made under paragraph 42(2)(p), the continuation of the suspension of the conditional supervision for any period of time, not to exceed the remainder of the youth sentence the young person is then serving, that the court considers appropriate, and when the court does so, the court shall order that the young person remain in custody; or

  • (c) in the case of a deferred custody and supervision order made under paragraph 42(2)(p), that the young person serve the remainder of the order as if it were a custody and supervision order under paragraph 42(2)(n).

• Marginal note:Custody and supervision order

  (3) After a court has made a direction under paragraph (2)(c), the provisions of this Act applicable to orders under paragraph 42(2)(n) apply in respect of the deferred custody and supervision order.

• Marginal note:Factors to be considered

  (4) In making its decision under subsection (2), the court shall consider the length of time the young person has been subject to the order, whether the young person has previously contravened it, and the nature of the contravention, if any.

• Marginal note:Reasons

  (5) When a youth justice court makes an order under subsection (2), it shall state its reasons for the order in the record of the case and shall give, or cause to be given, to the young person in respect of whom the order was made, the counsel and a parent of the young person, the Attorney General and the provincial director,

  • (a) a copy of the order; and

  • (b) on request, a transcript or copy of the reasons for the order.

• Marginal note:Report

  (6) For the purposes of a review under subsection (1), 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 of which the provincial director is aware that may be of assistance to the court.

• Marginal note:Provisions apply

  (7) Subsections 99(2) to (7) (provisions respecting reports and notice) and 105(6) (report for the purpose of setting conditions) apply, with any modifications that the circumstances require, in respect of a review under this section.

• Marginal note:Provisions apply

  (8) Section 101 (review of youth justice court decision) applies, with any modifications that the circumstances require, in respect of an order made under subsection (2).

PART 6PUBLICATION, RECORDS AND INFORMATION

Protection of Privacy of Young Persons

Marginal note:Identity of offender not to be published

• 110. (1) Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act.

• Marginal note:Limitation

  (2) Subsection (1) does not apply

  • (a) in a case where the information relates to a young person who has received an adult sentence;

  • (b) subject to sections 65 (young person not liable to adult sentence) and 75 (youth sentence imposed despite presumptive offence), in a case where the information relates to a young person who has received a youth sentence for an offence set out in paragraph (a) of the definition “presumptive offence” in subsection 2(1), or an offence set out in paragraph (b) of that definition for which the Attorney General has given notice under subsection 64(2) (intention to seek adult sentence); and

  • (c) in a case where the publication of information is made in the course of the administration of justice, if it is not the purpose of the publication to make the information known in the community.

• Marginal note:Exception

  (3) A young person referred to in subsection (1) may, after he or she attains the age of eighteen years, publish or cause to be published information that would identify him or her as having been dealt with under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, provided that he or she is not in custody pursuant to either Act at the time of the publication.

• Marginal note:Ex parte application for leave to publish

  (4) A youth justice court judge shall, on the ex parte application of a peace officer, make an order permitting any person to publish information that identifies a young person as having committed or allegedly committed an indictable offence, if the judge is satisfied that

  • (a) there is reason to believe that the young person is a danger to others; and

  • (b) publication of the information is necessary to assist in apprehending the young person.

• Marginal note:Order ceases to have effect

  (5) An order made under subsection (4) ceases to have effect five days after it is made.

• Marginal note:Application for leave to publish

  (6) The youth justice court may, on the application of a young person referred to in subsection (1), make an order permitting the young person to publish information that would identify him or her as having been dealt with under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, if the court is satisfied that the publication would not be contrary to the young person’s best interests or the public interest.

Marginal note:Identity of victim or witness not to be published

• 111. (1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person.

• Marginal note:Exception

  (2) Information that would serve to identify a child or young person referred to in subsection (1) as having been a victim or a witness may be published, or caused to be published, by

  • (a) that child or young person after he or she attains the age of eighteen years or before that age with the consent of his or her parents; or

  • (b) the parents of that child or young person if he or she is deceased.

• Marginal note:Application for leave to publish

  (3) The youth justice court may, on the application of a child or a young person referred to in subsection (1), make an order permitting the child or young person to publish information that would identify him or her as having been a victim or a witness if the court is satisfied that the publication would not be contrary to his or her best interests or the public interest.

Marginal note:Non-application

112. Once information is published under subsection 110(3) or (6) or 111(2) or (3), subsection 110(1) (identity of offender not to be published) or 111(1) (identity of victim or witness not to be published), as the case may be, no longer applies in respect of the information.

Fingerprints and Photographs

Marginal note:Identification of Criminals Act applies

• 113. (1) The Identification of Criminals Act applies in respect of young persons.

• Marginal note:Limitation

  (2) No fingerprint, palmprint or photograph or other measurement, process or operation referred to in the Identification of Criminals Act shall be taken of, or applied in respect of, a young person who is charged with having committed an offence except in the circumstances in which an adult may, under that Act, be subjected to the measurements, processes and operations.

Records That May Be Kept

Marginal note:Youth justice court, review board and other courts

114. A youth justice court, review board or any court dealing with matters arising out of proceedings under this Act may keep a record of any case that comes before it arising under this Act.

Marginal note:Police records

• 115. (1) A record relating to any offence alleged to have been committed by a young person, including the original or a copy of any fingerprints or photographs of the young person, may be kept by any police force responsible for or participating in the investigation of the offence.

• Marginal note:Police records

  (2) When a young person is charged with having committed an offence in respect of which an adult may be subjected to any measurement, process or operation referred to in the Identification of Criminals Act, the police force responsible for the investigation of the offence may provide a record relating to the offence to the Royal Canadian Mounted Police. If the young person is found guilty of the offence, the police force shall provide the record.

• Marginal note:Records held by R.C.M.P.

  (3) The Royal Canadian Mounted Police shall keep the records provided under subsection (2) in the central repository that the Commissioner of the Royal Canadian Mounted Police may, from time to time, designate for the purpose of keeping criminal history files or records of offenders or keeping records for the identification of offenders.

Marginal note:Government records

• 116. (1) A department or an agency of any government in Canada may keep records containing information obtained by the department or agency

  • (a) for the purposes of an investigation of an offence alleged to have been committed by a young person;

  • (b) for use in proceedings against a young person under this Act;

  • (c) for the purpose of administering a youth sentence or an order of the youth justice court;

  • (d) for the purpose of considering whether to use extrajudicial measures to deal with a young person; or

  • (e) as a result of the use of extrajudicial measures to deal with a young person.

• Marginal note:Other records

  (2) A person or organization may keep records containing information obtained by the person or organization

  • (a) as a result of the use of extrajudicial measures to deal with a young person; or

  • (b) for the purpose of administering or participating in the administration of a youth sentence.