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

Offences and Punishment

Marginal note:Inducing a young person, etc.

• 136 (1) Every person who

  • (a) induces or assists a young person to leave unlawfully a place of custody or other place in which the young person has been placed in accordance with a youth sentence or a disposition imposed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

  • (b) unlawfully removes a young person from a place referred to in paragraph (a),

  • (c) knowingly harbours or conceals a young person who has unlawfully left a place referred to in paragraph (a),

  • (d) wilfully induces or assists a young person to breach or disobey a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or

  • (e) wilfully prevents or interferes with the performance by a young person of a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

  is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.

• Marginal note:Absolute jurisdiction of provincial court judge

  (2) The jurisdiction of a provincial court judge to try an adult charged with an indictable offence under this section is absolute and does not depend on the consent of the accused.

Marginal note:Failure to comply with sentence or disposition

137 Every person who is subject to a youth sentence imposed under any of paragraphs 42(2)(c) to (m) or (s) of this Act, to a victim fine surcharge ordered under subsection 53(2) of this Act or to a disposition made under any of paragraphs 20(1)(a.1) to (g), (j) or (l) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and who wilfully fails or refuses to comply with that sentence, surcharge or disposition is guilty of an offence punishable on summary conviction.

Marginal note:Offences

• 138 (1) Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or 46(1) (prohibition against disclosure) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Provincial court judge has absolute jurisdiction on indictment

  (2) The jurisdiction of a provincial court judge to try an adult charged with an offence under paragraph (1)(a) is absolute and does not depend on the consent of the accused.

Marginal note:Offence and punishment

• 139 (1) Every person who wilfully fails to comply with section 30 (designated place of temporary detention), or with an undertaking entered into under subsection 31(3) (condition of placement),

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Offence and punishment

  (2) Every person who wilfully fails to comply with section 7 (designated place of temporary detention) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or with an undertaking entered into under subsection 7.1(2) (condition of placement) of that Act is guilty of an offence punishable on summary conviction.

• Marginal note:Punishment

  (3) Any person who uses or authorizes the use of an application form in contravention of subsection 82(3) (application for employment) is guilty of an offence punishable on summary conviction.

Application of Criminal Code

Marginal note:Application of Criminal Code

140 Except to the extent that it is inconsistent with or excluded by this Act, the provisions of the Criminal Code apply, with any modifications that the circumstances require, in respect of offences alleged to have been committed by young persons.

Marginal note:Sections of Criminal Code applicable

• 141 (1) Except to the extent that they are inconsistent with or excluded by this Act, section 16 (defence of mental disorder) and Part XX.1 (mental disorder) of the Criminal Code apply, with any modifications that the circumstances require, in respect of proceedings under this Act in relation to offences alleged to have been committed by young persons.

• Marginal note:Notice and copies to counsel and parents

  (2) For the purposes of subsection (1),

  • (a) wherever in Part XX.1 (mental disorder) of the Criminal Code a reference is made to a copy to be sent or otherwise given to an accused or a party to the proceedings, the reference shall be read as including a reference to a copy to be sent or otherwise given to

    • (i) any counsel representing the young person,

    • (ii) a parent of the young person who is in attendance at the proceedings against the young person, and

    • (iii) a parent of the young person not in attendance at the proceedings who is, in the opinion of the youth justice court or Review Board, taking an active interest in the proceedings; and

  • (b) wherever in Part XX.1 (mental disorder) of the Criminal Code a reference is made to notice to be given to an accused or a party to proceedings, the reference shall be read as including a reference to notice to be given to a parent of the young person and any counsel representing the young person.

• Marginal note:Proceedings not invalid

  (3) Subject to subsection (4), failure to give a notice referred to in paragraph (2)(b) to a parent of a young person does not affect the validity of proceedings under this Act.

• Marginal note:Exception

  (4) Failure to give a notice referred to in paragraph (2)(b) to a parent of a young person in any case renders invalid any subsequent proceedings under this Act relating to the case unless

  • (a) a parent of the young person attends at the court or Review Board with the young person; or

  • (b) a youth justice court judge or Review Board before whom proceedings are held against the young person

    • (i) adjourns the proceedings and orders that the notice be given in the manner and to the persons that the judge or Review Board directs, or

    • (ii) dispenses with the notice if the youth justice court or Review Board is of the opinion that, having regard to the circumstances, the notice may be dispensed with.

• (5) [Repealed, 2005, c. 22, s. 63]

• Marginal note:Considerations of court or Review Board making a disposition

  (6) Before making or reviewing a disposition in respect of a young person under Part XX.1 (mental disorder) of the Criminal Code, a youth justice court or Review Board shall consider the age and special needs of the young person and any representations or submissions made by a parent of the young person.

• (7) to (9) [Repealed, 2005, c. 22, s. 63]

• Marginal note:Prima facie case to be made every year

  (10) For the purpose of applying subsection 672.33(1) (fitness to stand trial) of the Criminal Code to proceedings under this Act in relation to an offence alleged to have been committed by a young person, wherever in that subsection a reference is made to two years, there shall be substituted a reference to one year.

• Marginal note:Designation of hospitals for young persons

  (11) A reference in Part XX.1 (mental disorder) of the Criminal Code to a hospital in a province shall be construed as a reference to a hospital designated by the Minister of Health for the province for the custody, treatment or assessment of young persons.

• Definition of Review Board

  (12) In this section, Review Board has the meaning assigned by section 672.1 of the Criminal Code.

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 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) 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.