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

Act current to 2019-08-28 and last amended on 2019-06-21. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2019, c. 25, s. 361

    • 361 The Youth Criminal Justice Act is amended by adding the following after section 4:

      • Certain offences — extrajudicial measures deemed adequate
        • 4.1 (1) Extrajudicial measures are presumed to be adequate to hold a young person accountable for a failure or refusal referred to in section 137 and for a failure referred to in section 496 of the Criminal Code unless

          • (a) the young person has a history of repetitive failures or refusals; or

          • (b) the young person’s failure or refusal caused harm, or a risk of harm, to the safety of the public.

        • Certain offences — various measures

          (2) In the cases referred to in paragraphs (1)(a) and (b),

          • (a) extrajudicial measures should be used if they are adequate to hold the young person accountable for the failure or refusal; and

          • (b) if the use of extrajudicial measures would not be adequate under paragraph (a), but issuing an appearance notice under section 496 (judicial referral hearing) of the Criminal Code or making an application for review of the youth sentence referred to in section 59(1) as an alternative to proceeding by charge would be adequate, then the applicable alternative should be used.

  • — 2019, c. 25, s. 362

    • 362 Subsection 6(1) of the Act is replaced by the following:

      • Warnings, cautions and referrals
        • 6 (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections 4 and 4.1, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person not to commit offences.

  • — 2019, c. 25, s. 363

    • 363 The Act is amended by adding the following after section 24:

      Certain Offences — Review of Charges by Attorney General

      • Review required

        24.1 If a charge for which an appearance notice, summons or release order was issued, or an undertaking was given, is dismissed, withdrawn or stayed, or the young person is acquitted of that charge, the Attorney General must review any charge pending against the young person under any of subsections 145(2) to (5) of the Criminal Code for failure to comply with the appearance notice, summons, release order or undertaking in order to determine whether the prosecution of the charge should proceed.

  • — 2019, c. 25, s. 364

      • 364 (1) Subsection 25(2) of the Act is replaced by the following:

        • Arresting officer to advise young person of right to counsel

          (2) Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer of the right to retain and instruct counsel, and be given an opportunity to obtain counsel.

      • (2) Paragraphs 25(9)(c) and (d) of the Act are replaced by the following:

        • (c) any undertaking entered into before a peace officer by the young person;

  • — 2019, c. 25, s. 365

    • 365 Subsections 26(1) and (2) of the Act are replaced by the following:

      • Notice in case of arrest and detained
        • 26 (1) Subject to subsection (4), if a young person is arrested and detained in custody pending their appearance in court, a peace officer shall, as soon as possible after the young person is detained, give or cause to be given to a parent of the young person, orally or in writing, notice of the arrest stating the place of detention and the reason for the arrest.

        • Notice in other cases

          (2) Subject to subsection (4), if a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or appearance notice, or, if a young person is released on an undertaking, a peace officer, shall, as soon as possible, give or cause to be given to a parent of the young person notice in writing of the summons, appearance notice or undertaking.

  • — 2019, c. 25, s. 367

    • 367 The Act is amended by adding the following after section 28:

      • Substitute for social measures prohibited

        28.1 A peace officer, youth justice court judge or justice shall not detain a young person in custody, or impose a condition in respect of a young person’s release by including it in an undertaking or release order, as a substitute for appropriate child protection, mental health or other social measures.

  • — 2019, c. 25, s. 368

    • 368 Subsection 29(1) of the Act is replaced by the following:

      • Release order with conditions
        • 29 (1) A youth justice court judge or a justice may impose a condition set out in subsections 515(4) to (4.2) of the Criminal Code in respect of a release order only if they are satisfied that

          • (a) the condition is necessary to ensure the young person’s attendance in court or for the protection or safety of the public, including any victim of or witness to the offence;

          • (b) the condition is reasonable having regard to the circumstances of the offending behaviour; and

          • (c) the young person will reasonably be able to comply with the condition.

  • — 2019, c. 25, s. 369

    • 369 The Act is amended by adding the following after section 30:

      • Review of detention — 30-day period

        30.1 For the purposes of section 525 of the Criminal Code with respect to a young person who has been charged with an offence for which they are being prosecuted in proceedings by way of summary conviction, every reference in that provision to “90 days” or “90-day” is to be read and construed as a reference to “30 days” or “30-day” respectively.

  • — 2019, c. 25, s. 370

    • 2012, c. 1, s. 171
      • 370 (1) Subsection 37(4) of the Act is replaced by the following:

        • Appeals heard together

          (4) An order under subsection 72(1) or (1.1) (adult or youth sentence) or 76(1) (placement when subject to adult sentence) may be appealed as part of the sentence and, unless the court to which the appeal is taken otherwise orders, if more than one of these is appealed they must be part of the same appeal proceeding.

      • (2) Subsection 37(11) of the Act is replaced by the following:

        • No appeal from youth sentence on review

          (11) No appeal lies from a youth sentence under section 59 — other than subsection 59(10) — or under any of sections 94 to 96.

  • — 2019, c. 25, s. 371

    • 371 Subsection 38(2) of the Act is amended by striking out “and” at the end of paragraph (e) and by adding the following after paragraph (e):

      • (e.1) if this Act provides that a youth justice court may impose conditions as part of the sentence, a condition may be imposed only if

        • (i) the imposition of the condition is necessary to achieve the purpose set out in subsection 38(1),

        • (ii) the young person will reasonably be able to comply with the condition, and

        • (iii) the condition is not used as a substitute for appropriate child protection, mental health or other social measures; and

  • — 2019, c. 25, s. 372

    • 372 Paragraph 39(1)(b) of the Act is replaced by the following:

      • (b) the young person has previously been found guilty of an offence under section 137 in relation to more than one sentence and, if the court is imposing a sentence for an offence under subsections 145(2) to (5) of the Criminal Code or section 137, the young person caused harm, or a risk of harm, to the safety of the public in committing that offence;

  • — 2019, c. 25, s. 373

      • 373 (1) Paragraph 42(2)(c) of the Act is replaced by the following:

        • (c) by order direct that the young person be discharged on any conditions imposed by the court in accordance with paragraph 38(2)(e.1) and may require the young person to report to and be supervised by the provincial director;

      • (2) Paragraph 42(2)(s) of the Act is replaced by the following:

        • (s) impose on the young person, in accordance with paragraph 38(2)(e.1), any other conditions that the court considers appropriate.

  • — 2019, c. 25, s. 374

      • 374 (1) Subsection 55(1) of the Act is replaced by the following:

        • Condition that must appear in orders
          • 55 (1) The youth justice court shall prescribe, as a condition of an order made under paragraph 42(2)(k) or (l), that the young person appear before the youth justice court when required by the court to do so.

      • (2) The portion of subsection 55(2) of the Act before paragraph (a) is replaced by the following:

        • Conditions that may appear in orders

          (2) A youth justice court may, in accordance with paragraph 38(2)(e.1), prescribe as conditions of an order made under paragraph 42(2)(k) or (l) that a young person do one or more of the following:

      • (3) Paragraph 55(2)(h) of the Act is replaced by the following:

        • (h) comply with any other conditions set out in the order that the youth justice court considers appropriate; and

  • — 2019, c. 25, s. 375

      • 375 (1) Subsection 59(1) of the Act is replaced by the following:

        • Review of youth sentences not involving custody
          • 59 (1) When a youth justice court has imposed a youth sentence in respect of a young person, other than a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the youth justice court shall, on the application of the young person, the young person’s parent, the Attorney General or the provincial director, review the youth sentence if the court is satisfied that there are grounds for a review under subsection (2).

      • (2) Subsection 59(8) of the Act is replaced by the following:

        • New youth sentence not to be more onerous

          (8) Subject to subsections (9) and (10), when a youth sentence imposed in respect of a young person is reviewed under this section, no youth sentence imposed under subsection (7) shall, without the consent of the young person, be more onerous than the remainder of the youth sentence reviewed.

      • (3) Section 59 of the Act is amended by adding the following after subsection (9):

        • Exception — paragraph (2)(c)

          (10) In the case of a review of a youth sentence made on the ground set out in paragraph (2)(c), the youth justice court may, in accordance with paragraph 38(2)(e.1), impose on the young person additional or more onerous conditions if it is of the opinion that the conditions

          • (a) would better protect against the risk of harm to the safety of the public that the young person might otherwise present; or

          • (b) would assist the young person to comply with any conditions previously imposed as part of that sentence.

  • — 2019, c. 25, s. 376

    • 2012, c. 1, s. 176(1)

      376 Subsections 64(1.1) and (1.2) of the Act are repealed.

  • — 2019, c. 25, s. 377

    • 2012, c. 1, s. 185

      377 Section 75 of the Act is repealed.

  • — 2019, c. 25, s. 378

    • 378 Subsection 76(4) of the Act is replaced by the following:

      • Report

        (4) Before making an order under subsection (1), the youth justice court may require that a report be prepared for the purpose of assisting the court.

  • — 2019, c. 25, s. 379

    • 2012, c. 1, s. 189

      379 Subsection 110(2) of the Act is amended by adding “or” at the end of paragraph (a) and by repealing paragraph (b).

  • — 2019, c. 25, s. 380

    • 380 Section 134 of the Act is replaced by the following:

      • Applications for forfeiture

        134 Applications for the forfeiture of amounts set out in undertakings, release orders or recognizances binding young persons shall be made to the youth justice court.

  • — 2019, c. 25, s. 381

      • 381 (1) Subsections 135(1) to (3) of the Act are replaced by the following:

        • Proceedings in case of default
          • 135 (1) If an undertaking, release order or recognizance binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code, a youth justice court judge shall

            • (a) on the request of the Attorney General, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and

            • (b) after fixing a time and place for the hearing, cause to be sent by confirmed delivery service, not less than 10 days before the time so fixed, to each principal and surety named in the undertaking, release order or recognizance, directed to their latest known address, a notice requiring them to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.

          • Order for forfeiture

            (2) When subsection (1) is complied with, the youth justice court judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.

          • Judgment debtors of the Crown

            (3) If, under subsection (2), a youth justice court judge orders the forfeiture of the amount, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.

      • (2) Subsections 135(5) and (6) of the Act are replaced by the following:

        • If a deposit has been made

          (5) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it.

        • Subsections 770(2) and (4) of Criminal Code do not apply

          (6) Subsections 770(2) (transmission to clerk of the court) and (4) (transmission of deposit) of the Criminal Code do not apply in respect of proceedings under this Act.

  • — 2019, c. 25, s. 382

    • 382 Paragraph 161(1)(a) of the Act is repealed.

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