Youth Criminal Justice Act

Marginal note:Identity of offender not to be published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  • (b) [Repealed, 2019, c. 25, s. 379]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:Publication — urgent situation

  (4.1) A police officer may publish information that identifies a young person without a court order referred to in subsection (4) if the police officer has reasonable grounds to believe that

  • (a) the young person has committed or is likely to commit an indictable offence; and

  • (b) the urgency of the situation is such that the immediate publication is necessary for all of the following reasons:

    • (i) the young person is an imminent danger to the public and the publication could aid in the prevention of serious bodily harm or death,

    • (ii) the publication is necessary to assist in apprehending the young person, and

    • (iii) the court order could not, with reasonable diligence, be obtained.

• Marginal note:Publication — more than 24 hours

  (4.2) The court order must be obtained if the publication is required for more than 24 hours after it has been made.

• 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.