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Safe Streets and Communities Act (S.C. 2012, c. 1)

Assented to 2012-03-13

PART 4YOUTH CRIMINAL JUSTICE

2002, c. 1Youth Criminal Justice Act

Amendments to the Act

177. Sections 65 and 66 of the Act are repealed.

  • 178. (1) The portion of subsection 67(1) of the Act before paragraph (b) is replaced by the following:

    Marginal note:Election — adult sentence

    • 67. (1) The youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (2) if

  • (2) The portion of subsection 67(3) of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Election — Nunavut

      (3) In respect of proceedings in Nunavut, the youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (4) if

179. Section 68 of the Act is repealed.

  • 180. (1) Subsection 69(1) of the Act is repealed.

  • (2) Subsection 69(2) of the Act is replaced by the following:

    • Marginal note:Included offences

      (2) If the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence and the young person is found guilty of an included offence for which an adult is liable to imprisonment for a term of more than two years, committed after he or she has attained the age of 14 years, the Attorney General may make an application under subsection 64(1) (application for adult sentence).

181. Section 70 of the Act is repealed.

182. Section 71 of the Act is replaced by the following:

Marginal note:Hearing — adult sentences

71. The youth justice court shall, at the commencement of the sentencing hearing, hold a hearing in respect of an application under subsection 64(1) (application for adult sentence), unless the court has received notice that the application is not opposed. Both parties and the parents of the young person shall be given an opportunity to be heard at the hearing.

  • 183. (1) Subsections 72(1) to (3) of the Act are replaced by the following:

    Marginal note:Order of adult sentence

    • 72. (1) The youth justice court shall order that an adult sentence be imposed if it is satisfied that

      • (a) the presumption of diminished moral blameworthiness or culpability of the young person is rebutted; and

      • (b) a youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not be of sufficient length to hold the young person accountable for his or her offending behaviour.

    • Marginal note:Order of youth sentence

      (1.1) If the youth justice court is not satisfied that an order should be made under subsection (1), it shall order that the young person is not liable to an adult sentence and that a youth sentence must be imposed.

    • Marginal note:Onus

      (2) The onus of satisfying the youth justice court as to the matters referred to in subsection (1) is on the Attorney General.

    • Marginal note:Pre-sentence report

      (3) In making an order under subsection (1) or (1.1), the youth justice court shall consider the pre-sentence report.

  • (2) Subsection 72(5) of the Act is replaced by the following:

    • Marginal note:Appeal

      (5) For the purposes of an appeal in accordance with section 37, an order under subsection (1) or (1.1) is part of the sentence.

184. Section 73 of the Act is replaced by the following:

Marginal note:Court must impose adult sentence

  • 73. (1) When the youth justice court makes an order under subsection 72(1) in respect of a young person, the court shall, on a finding of guilt, impose an adult sentence on the young person.

  • Marginal note:Court must impose youth sentence

    (2) When the youth justice court makes an order under subsection 72(1.1) in respect of a young person, the court shall, on a finding of guilt, impose a youth sentence on the young person.

185. Section 75 of the Act is replaced by the following:

Marginal note:Decision regarding lifting of publication ban

  • 75. (1) When the youth justice court imposes a youth sentence on a young person who has been found guilty of a violent offence, the court shall decide whether it is appropriate to make an order lifting the ban on publication of information that would identify the young person as having been dealt with under this Act as referred to in subsection 110(1).

  • Marginal note:Order

    (2) A youth justice court may order a lifting of the ban on publication if the court determines, taking into account the purpose and principles set out in sections 3 and 38, that the young person poses a significant risk of committing another violent offence and the lifting of the ban is necessary to protect the public against that risk.

  • Marginal note:Onus

    (3) The onus of satisfying the youth justice court as to the appropriateness of lifting the ban is on the Attorney General.

  • Marginal note:Appeals

    (4) For the purposes of an appeal in accordance with section 37, an order under subsection (2) is part of the sentence.

186. Subsection 76(2) of the Act is replaced by the following:

  • Marginal note:Young person under age of 18

    (2) No young person who is under the age of 18 years is to serve any portion of the imprisonment in a provincial correctional facility for adults or a penitentiary.

187. Section 81 of the Act is replaced by the following:

Marginal note:Procedure for application or notice

81. An application or a notice to the court under section 64 or 76 must be made or given orally, in the presence of the other party, or in writing with a copy served personally on the other party.

  • 188. (1) Paragraph 82(1)(b) of the Act is replaced by the following:

    • (b) a youth justice court may consider the finding of guilt in considering an application under subsection 64(1) (application for adult sentence);

  • (2) Paragraph 82(4)(a) of the Act is repealed.

  • (3) Paragraph 82(4)(b) of the French version of the Act is replaced by the following:

    • b) de déterminer la peine applicable aux adultes à imposer.

189. Paragraph 110(2)(b) of the Act is replaced by the following:

  • (b) in a case where the information relates to a young person who has received a youth sentence for a violent offence and the youth justice court has ordered a lifting of the publication ban under subsection 75(2); and

190. Section 115 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Extrajudicial measures

    (1.1) The police force shall keep a record of any extrajudicial measures that they use to deal with young persons.

191. Paragraph 119(1)(o) of the French version of the Act is replaced by the following:

  • o) toute personne, pour vérifier l’existence d’un casier judiciaire dans le cas où la vérification est exigée par le gouvernement du Canada ou d’une province ou par une municipalité en matière de recrutement de personnel ou de bénévoles ou de fourniture de services;

192. Paragraphs 120(3)(a) and (b) of the Act are replaced by the following:

  • (a) if the offence is an indictable offence, other than an offence referred to in paragraph (b), the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and ending five years later; and

  • (b) if the offence is a serious violent offence for which the Attorney General has given notice under subsection 64(2) (intention to seek adult sentence), the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and continuing indefinitely.

193. Section 160 of the Act is repealed.

194. Section 162 of the Act is replaced by the following:

Marginal note:Commencement of proceedings

162. For the purposes of sections 158 and 159, proceedings are commenced by the laying of an information or indictment.

Transitional Provision

Marginal note:Offences committed before this section in force

195. Any person who, before the coming into force of this section, while he or she was a young person, committed an offence in respect of which no proceedings were commenced before that coming into force shall be dealt with under the Youth Criminal Justice Act as amended by this Part as if the offence occurred after that coming into force, except that

  • (a) the definition “violent offence” in subsection 2(1) of the Youth Criminal Justice Act, as enacted by subsection 167(3), does not apply in respect of the offence;

  • (b) paragraph 3(1)(a) of that Act, as enacted by subsection 168(1), does not apply in respect of the offence;

  • (c) paragraph 38(2)(f) of that Act, as enacted by section 172, does not apply in respect of the offence;

  • (d) paragraph 39(1)(c) of that Act, as enacted by section 173, does not apply in respect of the offence; and

  • (e) section 75 of that Act, as enacted by section 185, does not apply in respect of the offence.

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