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

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.

Marginal note:Admissions

• 149 (1) A party to any proceedings under this Act may admit any relevant fact or matter for the purpose of dispensing with proof of it, including any fact or matter the admissibility of which depends on a ruling of law or of mixed law and fact.

• Marginal note:Other party may adduce evidence

  (2) Nothing in this section precludes a party to a proceeding from adducing evidence to prove a fact or matter admitted by another party.

Marginal note:Material evidence

150 Any evidence material to proceedings under this Act that would not but for this section be admissible in evidence may, with the consent of the parties to the proceedings and if the young person is represented by counsel, be given in such proceedings.

Marginal note:Evidence of a child or young person

151 The evidence of a child or a young person may be taken in proceedings under this Act only after the youth justice court judge or the justice in the proceedings has

• (a) if the witness is a child, instructed the child as to the duty to speak the truth and the consequences of failing to do so; and

• (b) if the witness is a young person and the judge or justice considers it necessary, instructed the young person as to the duty to speak the truth and the consequences of failing to do so.

Marginal note:Proof of service

• 152 (1) For the purposes of this Act, service of any document may be proved by oral evidence given under oath by, or by the affidavit or statutory declaration of, the person claiming to have personally served it or sent it by confirmed delivery service.

• Marginal note:Proof of signature and official character unnecessary

  (2) If proof of service of any document is offered by affidavit or statutory declaration, it is not necessary to prove the signature or official character of the person making or taking the affidavit or declaration, if the official character of that person appears on the face of the affidavit or declaration.

Marginal note:Seal not required

153 It is not necessary to the validity of any information, indictment, summons, warrant, minute, sentence, conviction, order or other process or document laid, issued, filed or entered in any proceedings under this Act that any seal be attached or affixed to it.

Forms, Regulations and Rules of Court

Marginal note:Forms

• 154 (1) The forms prescribed under section 155, varied to suit the case, or forms to the like effect, are valid and sufficient in the circumstances for which they are provided.

• Marginal note:If forms not prescribed

  (2) In any case for which forms are not prescribed under section 155, the forms set out in Part XXVIII of the Criminal Code, with any modifications that the circumstances require, or other appropriate forms, may be used.

Marginal note:Regulations

155 The Governor in Council may make regulations

• (a) prescribing forms that may be used for the purposes of this Act;

• (b) establishing uniform rules of court for youth justice courts across Canada, including rules regulating the practice and procedure to be followed by youth justice courts; and

• (c) generally for carrying out the purposes and provisions of this Act.

Agreements with Provinces

Marginal note:Agreements with provinces

156 Any minister of the Crown may, with the approval of the Governor in Council, enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act.

Programs

Marginal note:Community-based programs

157 The Attorney General of Canada or a minister designated by the lieutenant governor in council of a province may establish the following types of community-based programs:

• (a) programs that are an alternative to judicial proceedings, such as victim-offender reconciliation programs, mediation programs and restitution programs;

• (b) programs that are an alternative to detention before sentencing, such as bail supervision programs; and

• (c) programs that are an alternative to custody, such as intensive support and supervision programs, and programs to carry out attendance orders.

PART 8Transitional Provisions

Marginal note:Prohibition on proceedings

158 On and after the coming into force of this section, no proceedings may be commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act, or under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act.

Marginal note:Proceedings commenced under Young Offenders Act

• 159 (1) Subject to section 161, where, before the coming into force of this section, proceedings are commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act alleged to have been committed by a person who was at the time of the offence a young person within the meaning of that Act, the proceedings and all related matters shall be dealt with in all respects as if this Act had not come into force.

• Marginal note:Proceedings commenced under Juvenile Delinquents Act

  (2) Subject to section 161, where, before the coming into force of this section, proceedings are commenced under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act alleged to have been committed by a person who was at the time of the delinquency a child as defined in that Act, the proceedings and all related matters shall be dealt with under this Act as if the delinquency were an offence that occurred after the coming into force of this section.

160 [Repealed, 2012, c. 1, s. 193]

Marginal note:Applicable sentence

• 161 (1) A person referred to in section 159 who is found guilty of an offence or delinquency, other than a person convicted of an offence in ordinary court, as defined in subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, shall be sentenced under this Act, except that

  • (a) [Repealed, 2019, c. 25, s. 382]

  • (b) paragraph 42(2)(r) applies in respect of the offence or delinquency only if the young person consents to its application.

  The provisions of this Act applicable to sentences imposed under section 42 apply in respect of the sentence.

• Marginal note:Dispositions under paragraph 20(1)(k) or (k.1) of Young Offenders Act

  (2) Where a young person is to be sentenced under this Act while subject to a disposition under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, on the application of the Attorney General or the young person, a youth justice court shall, unless to do so would bring the administration of justice into disrepute, order that the remaining portion of the disposition made under that Act be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under paragraph 42(2)(n) or (q) of this Act, as the case may be.

• Marginal note:Review of sentence

  (3) For greater certainty, for the purpose of determining when the sentence is reviewed under section 94, the relevant date is the one on which the disposition came into force under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.

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.

Marginal note:Application to delinquency and other offending behaviour

163 Sections 114 to 129 apply, with any modifications that the circumstances require, in respect of records relating to the offence of delinquency under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, and in respect of records kept under sections 40 to 43 of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.