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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 5Custody and Supervision (continued)

Marginal note:Conditional supervision

  •  (1) The provincial director of the province in which a young person on whom a youth sentence under paragraph 42(2)(o), (q) or (r) has been imposed is held in custody or, if applicable, with respect to whom an order has been made under subsection 104(1) (continuation of custody), shall cause the young person to be brought before the youth justice court at least one month before the expiry of the custodial portion of the youth sentence. The court shall, after giving the young person an opportunity to be heard, by order, set the conditions of the young person’s conditional supervision.

  • Marginal note:Conditions to be included in order

    (2) The youth justice court shall include in the order under subsection (1) the following conditions, namely, that the young person

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

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

    • (c) report to the provincial director immediately on release, and then be under the supervision of the provincial director or a person designated by the youth justice court;

    • (d) inform the provincial director immediately on being arrested or questioned by the police;

    • (e) report to the police, or any named individual, as instructed by the provincial director;

    • (f) advise the provincial director of the young person’s address of residence on release and after release report immediately to the clerk of the youth justice court or the provincial director any change

      • (i) in that address,

      • (ii) in the young person’s normal occupation, including employment, vocational or educational training and volunteer work,

      • (iii) in the young person’s family or financial situation, and

      • (iv) that may reasonably be expected to affect the young person’s ability to comply with the conditions of the order;

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

    • (h) comply with any reasonable instructions that the provincial director considers necessary in respect of any condition of the conditional supervision in order to prevent a breach of that condition or to protect society.

  • Marginal note:Other conditions

    (3) In setting conditions for the purposes of subsection (1), the youth justice court may include in the order the following conditions, namely, that the young person

    • (a) on release, travel directly to the young person’s place of residence, or to any other place that is noted in the order;

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

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

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

    • (e) reside in any place that the provincial director may specify;

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

    • (g) comply with conditions set out in the order that support and address the needs of the young person and promote the reintegration of the young person into the community; and

    • (h) comply with any other conditions set out in the order that the 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.

  • Marginal note:Temporary conditions

    (4) When a provincial director is required under subsection (1) to cause a young person to be brought before the youth justice court but cannot do so for reasons beyond the young person’s control, the provincial director shall so advise the youth justice court and the court shall, by order, set any temporary conditions for the young person’s conditional supervision that are appropriate in the circumstances.

  • Marginal note:Conditions to be set at first opportunity

    (5) When an order is made under subsection (4), the provincial director shall bring the young person before the youth justice court as soon after the order is made as the circumstances permit and the court shall then set the conditions of the young person’s conditional supervision.

  • Marginal note:Report

    (6) For the purpose of setting conditions under this section, the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information that may be of assistance to the court.

  • Marginal note:Provisions apply

    (7) Subsections 99(2) to (7) (provisions respecting reports and notice) and 104(4) (ordering appearance of young person) apply, with any modifications that the circumstances require, in respect of any proceedings held under subsection (1).

  • Marginal note:Provisions apply

    (8) Subsections 56(1) to (4) (provisions respecting probation orders), (7) (notice to appear) and (8) (warrant in default) and section 101 (review of youth justice court decision) apply, with any modifications that the circumstances require, in respect of an order made under subsection (1).

Marginal note:Suspension of conditional supervision

 If the provincial director has reasonable grounds to believe that a young person has breached or is about to breach a condition of an order made under subsection 105(1), the provincial director may, in writing,

  • (a) suspend the conditional supervision; and

  • (b) order that the young person be remanded to any youth custody facility that the provincial director considers appropriate until a review is conducted under section 108 and, if applicable, section 109.

Marginal note:Apprehension

  •  (1) If the conditional supervision of a young person is suspended under section 106, the provincial director may issue a warrant in writing, authorizing the apprehension of the young person and, until the young person is apprehended, the young person is deemed not to be continuing to serve the youth sentence the young person is then serving.

  • Marginal note:Warrants

    (2) A warrant issued under subsection (1) shall be executed by any peace officer to whom it is given at any place in Canada and has the same force and effect in all parts of Canada as if it had been originally issued or subsequently endorsed by a provincial court judge or other lawful authority having jurisdiction in the place where it is executed.

  • Marginal note:Peace officer may arrest

    (3) If a peace officer believes on reasonable grounds that a warrant issued under subsection (1) is in force in respect of a young person, the peace officer may arrest the young person without the warrant at any place in Canada.

  • Marginal note:Requirement to bring before provincial director

    (4) If a young person is arrested under subsection (3) and detained, the peace officer making the arrest shall cause the young person to be brought before the provincial director or a person designated by the provincial director

    • (a) if the provincial director or the designated person is available within a period of twenty-four hours after the young person is arrested, without unreasonable delay and in any event within that period; and

    • (b) if the provincial director or the designated person is not available within that period, as soon as possible.

  • Marginal note:Release or remand in custody

    (5) If a young person is brought before the provincial director or a person designated by the provincial director under subsection (4), the provincial director or the designated person

    • (a) if not satisfied that there are reasonable grounds to believe that the young person is the young person in respect of whom the warrant referred to in subsection (1) was issued, shall release the young person; or

    • (b) if satisfied that there are reasonable grounds to believe that the young person is the young person in respect of whom the warrant referred to in subsection (1) was issued, may remand the young person in custody to await execution of the warrant, but if no warrant for the young person’s arrest is executed within a period of forty-eight hours after the time the young person is remanded in custody, the person in whose custody the young person then is shall release the young person.

Marginal note:Review by provincial director

 Without delay after the remand to custody of a young person whose conditional supervision has been suspended under section 106, or without delay after being informed of the arrest of such a young person, the provincial director shall review the case and, within forty-eight hours, cancel the suspension of the conditional supervision or refer the case to the youth justice court for a review under section 109.

Marginal note:Review by youth justice court

  •  (1) If the case of a young person is referred to the youth justice court under section 108, the provincial director shall, without delay, cause the young person to be brought before the youth justice court, and the youth justice court shall, after giving the young person an opportunity to be heard,

    • (a) if the court is not satisfied on reasonable grounds that the young person has breached or was about to breach a condition of the conditional supervision, cancel the suspension of the conditional supervision; or

    • (b) if the court is satisfied on reasonable grounds that the young person has breached or was about to breach a condition of the conditional supervision, review the decision of the provincial director to suspend the conditional supervision and make an order under subsection (2).

  • Marginal note:Order

    (2) On completion of a review under subsection (1), the youth justice court shall order

    • (a) the cancellation of the suspension of the conditional supervision, and when the court does so, the court may vary the conditions of the conditional supervision or impose new conditions;

    • (b) in a case other than a deferred custody and supervision order made under paragraph 42(2)(p), the continuation of the suspension of the conditional supervision for any period of time, not to exceed the remainder of the youth sentence the young person is then serving, that the court considers appropriate, and when the court does so, the court shall order that the young person remain in custody; or

    • (c) in the case of a deferred custody and supervision order made under paragraph 42(2)(p), that the young person serve the remainder of the order as if it were a custody and supervision order under paragraph 42(2)(n).

  • Marginal note:Custody and supervision order

    (3) After a court has made a direction under paragraph (2)(c), the provisions of this Act applicable to orders under paragraph 42(2)(n) apply in respect of the deferred custody and supervision order.

  • Marginal note:Factors to be considered

    (4) In making its decision under subsection (2), the court shall consider the length of time the young person has been subject to the order, whether the young person has previously contravened it, and the nature of the contravention, if any.

  • Marginal note:Reasons

    (5) When a youth justice court makes an order under subsection (2), it shall state its reasons for the order in the record of the case and shall give, or cause to be given, to the young person in respect of whom the order was made, the counsel and a parent of the young person, the Attorney General and the provincial director,

    • (a) a copy of the order; and

    • (b) on request, a transcript or copy of the reasons for the order.

  • Marginal note:Report

    (6) For the purposes of a review under subsection (1), the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information of which the provincial director is aware that may be of assistance to the court.

  • Marginal note:Provisions apply

    (7) Subsections 99(2) to (7) (provisions respecting reports and notice) and 105(6) (report for the purpose of setting conditions) apply, with any modifications that the circumstances require, in respect of a review under this section.

  • Marginal note:Provisions apply

    (8) Section 101 (review of youth justice court decision) applies, with any modifications that the circumstances require, in respect of an order made under subsection (2).

 
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