Youth Criminal Justice Act (S.C. 2002, c. 1)

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; or

  • (b) [Repealed, 2019, c. 25, s. 379]

  • (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:Extrajudicial measures

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

• 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.

Access to Records

Marginal note:Exception — adult sentence

117 Sections 118 to 129 do not apply to records kept in respect of an offence for which an adult sentence has been imposed once the time allowed for the taking of an appeal has expired or, if an appeal is taken, all proceedings in respect of the appeal have been completed and the appeal court has upheld an adult sentence. The record shall be dealt with as a record of an adult and, for the purposes of the Criminal Records Act, the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction.

Marginal note:No access unless authorized

• 118 (1) Except as authorized or required by this Act, no person shall be given access to a record kept under sections 114 to 116, and no information contained in it may be given to any person, where to do so would identify the young person to whom it relates as a young person dealt with under this Act.

• Marginal note:Exception for employees

  (2) No person who is employed in keeping or maintaining records referred to in subsection (1) is restricted from doing anything prohibited under subsection (1) with respect to any other person so employed.

Marginal note:Persons having access to records

• 119 (1) Subject to subsections (4) to (6), from the date that a record is created until the end of the applicable period set out in subsection (2), the following persons, on request, shall be given access to a record kept under section 114, and may be given access to a record kept under sections 115 and 116:

  • (a) the young person to whom the record relates;

  • (b) the young person’s counsel, or any representative of that counsel;

  • (c) the Attorney General;

  • (d) the victim of the offence or alleged offence to which the record relates;

  • (e) the parents of the young person, during the course of any proceedings relating to the offence or alleged offence to which the record relates or during the term of any youth sentence made in respect of the offence;

  • (f) any adult assisting the young person under subsection 25(7), during the course of any proceedings relating to the offence or alleged offence to which the record relates or during the term of any youth sentence made in respect of the offence;

  • (g) any peace officer for

    • (i) law enforcement purposes, or

    • (ii) any purpose related to the administration of the case to which the record relates, during the course of proceedings against the young person or the term of the youth sentence;

  • (h) a judge, court or review board, for any purpose relating to proceedings against the young person, or proceedings against the person after he or she becomes an adult, in respect of offences committed or alleged to have been committed by that person;

  • (i) the provincial director, or the director of the provincial correctional facility for adults or the penitentiary at which the young person is serving a sentence;

  • (j) a person participating in a conference or in the administration of extrajudicial measures, if required for the administration of the case to which the record relates;

  • (k) a person acting as ombudsman, privacy commissioner or information commissioner, whatever his or her official designation might be, who in the course of his or her duties under an Act of Parliament or the legislature of a province is investigating a complaint to which the record relates;

  • (l) a coroner or a person acting as a child advocate, whatever his or her official designation might be, who is acting in the course of his or her duties under an Act of Parliament or the legislature of a province;

  • (m) a person acting under the Firearms Act;

  • (n) a member of a department or agency of a government in Canada, or of an organization that is an agent of, or under contract with, the department or agency, who is

    • (i) acting in the exercise of his or her duties under this Act,

    • (ii) engaged in the supervision or care of the young person, whether as a young person or an adult, or in an investigation related to the young person under an Act of the legislature of a province respecting child welfare,

    • (iii) considering an application for conditional release, or for a record suspension under the Criminal Records Act, made by the young person, whether as a young person or an adult,

    • (iv) administering a prohibition order made under an Act of Parliament or the legislature of a province, or

    • (v) administering a youth sentence, if the young person has been committed to custody and is serving the custody in a provincial correctional facility for adults or a penitentiary;

  • (o) a person, for the purpose of carrying out a criminal record check required by the Government of Canada or the government of a province or a municipality for purposes of employment or the performance of services, with or without remuneration;

  • (p) an employee or agent of the Government of Canada, for statistical purposes under the Statistics Act;

  • (p.1) an employee of a department or agency of the Government of Canada, for the purpose of administering the Canadian Passport Order;

  • (q) an accused or his or her counsel who swears an affidavit to the effect that access to the record is necessary to make a full answer and defence;

  • (r) a person or a member of a class of persons designated by order of the Governor in Council, or the lieutenant governor in council of the appropriate province, for a purpose and to the extent specified in the order; and

  • (s) any person or member of a class of persons that a youth justice court judge considers has a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that access to the record is

    • (i) desirable in the public interest for research or statistical purposes, or

    • (ii) desirable in the interest of the proper administration of justice.

• Marginal note:Period of access

  (2) The period of access referred to in subsection (1) is

  • (a) if an extrajudicial sanction is used to deal with the young person, the period ending two years after the young person consents to be subject to the sanction in accordance with paragraph 10(2)(c);

  • (b) if the young person is acquitted of the offence otherwise than by reason of a verdict of not criminally responsible on account of mental disorder, the period ending two months after the expiry of the time allowed for the taking of an appeal or, if an appeal is taken, the period ending three months after all proceedings in respect of the appeal have been completed;

  • (c) if the charge against the young person is dismissed for any reason other than acquittal, the charge is withdrawn, or the young person is found guilty of the offence and a reprimand is given, the period ending two months after the dismissal, withdrawal, or finding of guilt;

  • (d) if the charge against the young person is stayed, with no proceedings being taken against the young person for a period of one year, at the end of that period;

  • (d.1) if an order referred to in subsection 14(2) or 20(2) is made against a young person, the period ending six months after the expiry of the order;

  • (e) if the young person is found guilty of the offence and the youth sentence is an absolute discharge, the period ending one year after the young person is found guilty;

  • (f) if the young person is found guilty of the offence and the youth sentence is a conditional discharge, the period ending three years after the young person is found guilty;

  • (g) subject to paragraphs (i) and (j) and subsection (9), if the young person is found guilty of the offence and it is a summary conviction offence, the period ending three years after the youth sentence imposed in respect of the offence has been completed;

  • (h) subject to paragraphs (i) and (j) and subsection (9), if the young person is found guilty of the offence and it is an indictable offence, the period ending five years after the youth sentence imposed in respect of the offence has been completed;

  • (i) subject to subsection (9), if, during the period calculated in accordance with paragraph (g) or (h), the young person is found guilty of an offence punishable on summary conviction committed when he or she was a young person, the latest of

    • (i) the period calculated in accordance with paragraph (g) or (h), as the case may be, and

    • (ii) the period ending three years after the youth sentence imposed for that offence has been completed; and

  • (j) subject to subsection (9), if, during the period calculated in accordance with paragraph (g) or (h), the young person is found guilty of an indictable offence committed when he or she was a young person, the period ending five years after the sentence imposed for that indictable offence has been completed.

• Marginal note:Prohibition orders not included

  (3) Prohibition orders made under an Act of Parliament or the legislature of a province, including any order made under section 51, shall not be taken into account in determining any period referred to in subsection (2).

• Marginal note:Extrajudicial measures

  (4) Access to a record kept under section 115 or 116 in respect of extrajudicial measures, other than extrajudicial sanctions, used in respect of a young person shall be given only to the following persons for the following purposes:

  • (a) a peace officer or the Attorney General, in order to make a decision whether to again use extrajudicial measures in respect of the young person;

  • (b) a person participating in a conference, in order to decide on the appropriate extrajudicial measure;

  • (c) a peace officer, the Attorney General or a person participating in a conference, if access is required for the administration of the case to which the record relates; and

  • (d) a peace officer for the purpose of investigating an offence.

• Marginal note:Exception

  (5) When a youth justice court has withheld all or part of a report from any person under subsection 34(9) or (10) (nondisclosure of medical or psychological report) or 40(7) (nondisclosure of pre-sentence report), that person shall not be given access under subsection (1) to that report or part.

• Marginal note:Records of assessments or forensic DNA analysis

  (6) Access to a report made under section 34 (medical and psychological reports) or a record of the results of forensic DNA analysis of a bodily substance taken from a young person in execution of a warrant issued under section 487.05 of the Criminal Code may be given only under paragraphs (1)(a) to (c), (e) to (h) and (q) and subparagraph (1)(s)(ii).

• Marginal note:Introduction into evidence

  (7) Nothing in paragraph (1)(h) or (q) authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence.

• Marginal note:Disclosures for research or statistical purposes

  (8) When access to a record is given to a person under paragraph (1)(p) or subparagraph (1)(s)(i), the person may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates.

• Marginal note:Application of usual rules

  (9) If, during the period of access to a record under any of paragraphs (2)(g) to (j), the young person is convicted of an offence committed when he or she is an adult,

  • (a) section 82 (effect of absolute discharge or termination of youth sentence) does not apply to the young person in respect of the offence for which the record is kept under sections 114 to 116;

  • (b) this Part no longer applies to the record and the record shall be dealt with as a record of an adult; and

  • (c) for the purposes of the Criminal Records Act, the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction.

• Marginal note:Records of offences that result in a prohibition order

  (10) Despite anything in this Act, when a young person is found guilty of an offence that results in a prohibition order being made, and the order is still in force at the end of the applicable period for which access to a record kept in respect of the order may be given under subsection (2),

  • (a) the record kept by the Royal Canadian Mounted Police pursuant to subsection 115(3) may be disclosed only to establish the existence of the order for purposes of law enforcement; and

  • (b) the record referred to in section 114 that is kept by the youth justice court may be disclosed only to establish the existence of the order in any offence involving a breach of the order.