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.

Procedure

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.

Evidence

Marginal note:General law on admissibility of statements to apply

• 146. (1) Subject to this section, the law relating to the admissibility of statements made by persons accused of committing offences applies in respect of young persons.

• Marginal note:When statements are admissible

  (2) No oral or written statement made by a young person who is less than eighteen years old, to a peace officer or to any other person who is, in law, a person in authority, on the arrest or detention of the young person or in circumstances where the peace officer or other person has reasonable grounds for believing that the young person has committed an offence is admissible against the young person unless

  • (a) the statement was voluntary;

  • (b) the person to whom the statement was made has, before the statement was made, clearly explained to the young person, in language appropriate to his or her age and understanding, that

    • (i) the young person is under no obligation to make a statement,

    • (ii) any statement made by the young person may be used as evidence in proceedings against him or her,

    • (iii) the young person has the right to consult counsel and a parent or other person in accordance with paragraph (c), and

    • (iv) any statement made by the young person is required to be made in the presence of counsel and any other person consulted in accordance with paragraph (c), if any, unless the young person desires otherwise;

  • (c) the young person has, before the statement was made, been given a reasonable opportunity to consult

    • (i) with counsel, and

    • (ii) with a parent or, in the absence of a parent, an adult relative or, in the absence of a parent and an adult relative, any other appropriate adult chosen by the young person, as long as that person is not a co-accused, or under investigation, in respect of the same offence; and

  • (d) if the young person consults a person in accordance with paragraph (c), the young person has been given a reasonable opportunity to make the statement in the presence of that person.

• Marginal note:Exception in certain cases for oral statements

  (3) The requirements set out in paragraphs (2)(b) to (d) do not apply in respect of oral statements if they are made spontaneously by the young person to a peace officer or other person in authority before that person has had a reasonable opportunity to comply with those requirements.

• Marginal note:Waiver of right to consult

  (4) A young person may waive the rights under paragraph (2)(c) or (d) but any such waiver

  • (a) must be recorded on video tape or audio tape; or

  • (b) must be in writing and contain a statement signed by the young person that he or she has been informed of the right being waived.

• Marginal note:Waiver of right to consult

  (5) When a waiver of rights under paragraph (2)(c) or (d) is not made in accordance with subsection (4) owing to a technical irregularity, the youth justice court may determine that the waiver is valid if it is satisfied that the young person was informed of his or her rights, and voluntarily waived them.

• Marginal note:Admissibility of statements

  (6) When there has been a technical irregularity in complying with paragraphs (2)(b) to (d), the youth justice court may admit into evidence a statement referred to in subsection (2), if satisfied that the admission of the statement would not bring into disrepute the principle that young persons are entitled to enhanced procedural protection to ensure that they are treated fairly and their rights are protected.

• Marginal note:Statements made under duress are inadmissible

  (7) A youth justice court judge may rule inadmissible in any proceedings under this Act a statement made by the young person in respect of whom the proceedings are taken if the young person satisfies the judge that the statement was made under duress imposed by any person who is not, in law, a person in authority.

• Marginal note:Misrepresentation of age

  (8) A youth justice court judge may in any proceedings under this Act rule admissible any statement or waiver by a young person if, at the time of the making of the statement or waiver,

  • (a) the young person held himself or herself to be eighteen years old or older;

  • (b) the person to whom the statement or waiver was made conducted reasonable inquiries as to the age of the young person and had reasonable grounds for believing that the young person was eighteen years old or older; and

  • (c) in all other circumstances the statement or waiver would otherwise be admissible.

• Marginal note:Parent, etc., not a person in authority

  (9) For the purpose of this section, a person consulted under paragraph (2)(c) is, in the absence of evidence to the contrary, deemed not to be a person in authority.

Marginal note:Statements not admissible against young person

• 147. (1) Subject to subsection (2), if a young person is assessed in accordance with an order made under subsection 34(1) (medical or psychological assessment), no statement or reference to a statement made by the young person during the course and for the purposes of the assessment to the person who conducts the assessment or to anyone acting under that person’s direction is admissible in evidence, without the consent of the young person, in any proceeding before a court, tribunal, body or person with jurisdiction to compel the production of evidence.

• Marginal note:Exceptions

  (2) A statement referred to in subsection (1) is admissible in evidence for the purposes of

  • (a) making a decision on an application heard under section 71 (hearing — adult sentences);

  • (b) determining whether the young person is unfit to stand trial;

  • (c) determining whether the balance of the mind of the young person was disturbed at the time of commission of the alleged offence, if the young person is a female person charged with an offence arising out of the death of her newly-born child;

  • (d) making or reviewing a sentence in respect of the young person;

  • (e) determining whether the young person was, at the time of the commission of an alleged offence, suffering from automatism or a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1) of the Criminal Code, if the accused puts his or her mental capacity for criminal intent into issue, or if the prosecutor raises the issue after verdict;

  • (f) challenging the credibility of a young person in any proceeding if the testimony of the young person is inconsistent in a material particular with a statement referred to in subsection (1) that the young person made previously;

  • (g) establishing the perjury of a young person who is charged with perjury in respect of a statement made in any proceeding;

  • (h) deciding an application for an order under subsection 104(1) (continuation of custody);

  • (i) setting the conditions under subsection 105(1) (conditional supervision);

  • (j) conducting a review under subsection 109(1) (review of decision); or

  • (k) deciding an application for a disclosure order under subsection 127(1) (information about a young person).

Marginal note:Testimony of a parent

• 148. (1) In any proceedings under this Act, the testimony of a parent as to the age of a person of whom he or she is a parent is admissible as evidence of the age of that person.

• Marginal note:Evidence of age by certificate or record

  (2) In any proceedings under this Act,

  • (a) a birth or baptismal certificate or a copy of it purporting to be certified under the hand of the person in whose custody those records are held is evidence of the age of the person named in the certificate or copy; and

  • (b) an entry or record of an incorporated society that has had the control or care of the person alleged to have committed the offence in respect of which the proceedings are taken at or about the time the person came to Canada is evidence of the age of that person, if the entry or record was made before the time when the offence is alleged to have been committed.

• Marginal note:Other evidence

  (3) In the absence of any certificate, copy, entry or record mentioned in subsection (2), or in corroboration of that certificate, copy, entry or record, the youth justice court may receive and act on any other information relating to age that it considers reliable.

• Marginal note:When age may be inferred

  (4) In any proceedings under this Act, the youth justice court may draw inferences as to the age of a person from the person’s appearance or from statements made by the person in direct examination or cross-examination.