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

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

PART 4Sentencing (continued)

Youth Sentences (continued)

Marginal note:Review of order made under section 51

  •  (1) A youth justice court may, on application, review an order made under section 51 at any time after the end of the period set out in subsection 119(2) (period of access to records) that applies to the record of the offence that resulted in the order being made.

  • Marginal note:Grounds

    (2) In conducting a review under this section, the youth justice court shall take into account

    • (a) the nature and circumstances of the offence in respect of which the order was made; and

    • (b) the safety of the young person and of other persons.

  • Marginal note:Decision of review

    (3) When a youth justice court conducts a review under this section, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard,

    • (a) confirm the order;

    • (b) revoke the order; or

    • (c) vary the order as it considers appropriate in the circumstances of the case.

  • Marginal note:New order not to be more onerous

    (4) No variation of an order made under paragraph (3)(c) may be more onerous than the order being reviewed.

  • Marginal note:Application of provisions

    (5) Subsections 59(3) to (5) apply, with any modifications that the circumstances require, in respect of a review under this section.

Marginal note:Funding for victims

  •  (1) The lieutenant governor in council of a province may order that, in respect of any fine imposed in the province under paragraph 42(2)(d), a percentage of the fine as fixed by the lieutenant governor in council be used to provide such assistance to victims of offences as the lieutenant governor in council may direct from time to time.

  • Marginal note:Victim fine surcharge

    (2) If the lieutenant governor in council of a province has not made an order under subsection (1), a youth justice court that imposes a fine on a young person under paragraph 42(2)(d) may, in addition to any other punishment imposed on the young person, order the young person to pay a victim fine surcharge in an amount not exceeding fifteen per cent of the fine. The surcharge shall be used to provide such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time.

Marginal note:Where a fine or other payment is ordered

  •  (1) The youth justice court shall, in imposing a fine under paragraph 42(2)(d) or in making an order under paragraph 42(2)(e) or (g), have regard to the present and future means of the young person to pay.

  • Marginal note:Discharge of fine or surcharge

    (2) A young person on whom a fine is imposed under paragraph 42(2)(d), including any percentage of a fine imposed under subsection 53(1), or on whom a victim fine surcharge is imposed under subsection 53(2), may discharge the fine or surcharge in whole or in part by earning credits for work performed in a program established for that purpose

    • (a) by the lieutenant governor in council of the province in which the fine or surcharge was imposed; or

    • (b) by the lieutenant governor in council of the province in which the young person resides, if an appropriate agreement is in effect between the government of that province and the government of the province in which the fine or surcharge was imposed.

  • Marginal note:Rates, crediting and other matters

    (3) A program referred to in subsection (2) shall determine the rate at which credits are earned and may provide for the manner of crediting any amounts earned against the fine or surcharge and any other matters necessary for or incidental to carrying out the program.

  • Marginal note:Representations respecting orders under paragraphs 42(2)(e) to (h)

    (4) In considering whether to make an order under any of paragraphs 42(2)(e) to (h), the youth justice court may consider any representations made by the person who would be compensated or to whom restitution or payment would be made.

  • Marginal note:Notice of orders under paragraphs 42(2)(e) to (h)

    (5) If the youth justice court makes an order under any of paragraphs 42(2)(e) to (h), it shall cause notice of the terms of the order to be given to the person who is to be compensated or to whom restitution or payment is to be made.

  • Marginal note:Consent of person to be compensated

    (6) No order may be made under paragraph 42(2)(h) unless the youth justice court has secured the consent of the person to be compensated.

  • Marginal note:Orders under paragraph 42(2)(h), (i) or (m)

    (7) No order may be made under paragraph 42(2)(h), (i) or (m) unless the youth justice court is satisfied that

    • (a) the young person against whom the order is made is a suitable candidate for such an order; and

    • (b) the order does not interfere with the normal hours of work or education of the young person.

  • Marginal note:Duration of order for service

    (8) No order may be made under paragraph 42(2)(h) or (i) to perform personal or community services unless those services can be completed in two hundred and forty hours or less and within twelve months after the date of the order.

  • Marginal note:Community service order

    (9) No order may be made under paragraph 42(2)(i) unless

    • (a) the community service to be performed is part of a program that is approved by the provincial director; or

    • (b) the youth justice court is satisfied that the person or organization for whom the community service is to be performed has agreed to its performance.

  • Marginal note:Application for further time to complete youth sentence

    (10) A youth justice court may, on application by or on behalf of the young person in respect of whom a youth sentence has been imposed under any of paragraphs 42(2)(d) to (i), allow further time for the completion of the sentence subject to any regulations made under paragraph 155(b) and to any rules made by the youth justice court under subsection 17(1).

Marginal note:Conditions that must appear in orders

  •  (1) The youth justice court shall prescribe, as conditions of an order made under paragraph 42(2)(k) or (l), that the young person

    • (a) keep the peace and be of good behaviour; and

    • (b) appear before the youth justice court when required by the court to do so.

  • Marginal note:Conditions that may appear in orders

    (2) A youth justice court may 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 that the youth justice court considers appropriate in the circumstances:

    • (a) report to and be supervised by the provincial director or a person designated by the youth justice court;

    • (b) notify the clerk of the youth justice court, the provincial director or the youth worker assigned to the case of any change of address or any change in the young person’s place of employment, education or training;

    • (c) remain within the territorial jurisdiction of one or more courts named in the order;

    • (d) make reasonable efforts to obtain and maintain suitable employment;

    • (e) attend school or any other place of learning, training or recreation that is appropriate, if the youth justice court is satisfied that a suitable program for the young person is available there;

    • (f) reside with a parent, or any other adult that the youth justice court considers appropriate, who is willing to provide for the care and maintenance of the young person;

    • (g) reside at a place that the provincial director may specify;

    • (h) comply with any other conditions set out in the order that the youth justice court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences; and

    • (i) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order.

Marginal note:Communication of order

  •  (1) A youth justice court that makes an order under paragraph 42(2)(k) or (l) shall

    • (a) cause the order to be read by or to the young person bound by it;

    • (b) explain or cause to be explained to the young person the purpose and effect of the order, and confirm that the young person understands it; and

    • (c) cause a copy of the order to be given to the young person, and to any parent of the young person who is in attendance at the sentencing hearing.

  • Marginal note:Copy of order to parent

    (2) A youth justice court that makes an order under paragraph 42(2)(k) or (l) may cause a copy to be given to a parent of the young person who is not in attendance at the proceedings if the parent is, in the opinion of the court, taking an active interest in the proceedings.

  • Marginal note:Endorsement of order by young person

    (3) After the order has been read and explained under subsection (1), the young person shall endorse on the order an acknowledgement that the young person has received a copy of the order and had its purpose and effect explained.

  • Marginal note:Validity of order

    (4) The failure of a young person to endorse the order or of a parent to receive a copy of the order does not affect the validity of the order.

  • Marginal note:Commencement of order

    (5) An order made under paragraph 42(2)(k) or (l) comes into force

    • (a) on the date on which it is made; or

    • (b) if a young person receives a sentence that includes a period of continuous custody and supervision, at the end of the period of supervision.

  • Marginal note:Effect of order in case of custody

    (6) If a young person is subject to a sentence that includes both a period of continuous custody and supervision and an order made under paragraph 42(2)(k) or (l), and the court orders under subsection 42(12) a delay in the start of the period of custody, the court may divide the period that the order made under paragraph 42(2)(k) or (l) is in effect, with the first portion to have effect from the date on which it is made until the start of the period of custody, and the remainder to take effect at the end of the period of supervision.

  • Marginal note:Notice to appear

    (7) A young person may be given notice either orally or in writing to appear before the youth justice court under paragraph 55(1)(b).

  • Marginal note:Warrant in default of appearance

    (8) If service of a notice in writing is proved and the young person fails to attend court in accordance with the notice, a youth justice court may issue a warrant to compel the appearance of the young person.

 
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