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

Act current to 2022-08-08 and last amended on 2019-12-18. Previous Versions

PART 4Sentencing (continued)

Youth Sentences (continued)

Marginal note:Additional youth sentences

 Subject to subsection 42(15) (duration of youth sentences), if a young person who is subject to a custodial sentence imposed under paragraph 42(2)(n), (o), (q) or (r) that has not expired receives an additional youth sentence under one of those paragraphs, the young person is, for the purposes of the Corrections and Conditional Release Act, the Criminal Code, the Prisons and Reformatories Act and this Act, deemed to have been sentenced to one youth sentence commencing at the beginning of the first of those youth sentences to be served and ending on the expiry of the last of them to be served.

Marginal note:Custodial portion if additional youth sentence

 Subject to subsection 42(15) (duration of youth sentences) and section 46 (exception when youth sentence in respect of earlier offence), if an additional youth sentence under paragraph 42(2)(n), (o), (q) or (r) is imposed on a young person on whom a youth sentence had already been imposed under one of those paragraphs that has not expired and the expiry date of the youth sentence that includes the additional youth sentence, as determined in accordance with section 43, is later than the expiry date of the youth sentence that the young person was serving before the additional youth sentence was imposed, the custodial portion of the young person’s youth sentence is, from the date the additional sentence is imposed, the total of

  • (a) the unexpired portion of the custodial portion of the youth sentence before the additional youth sentence was imposed, and

  • (b) the relevant period set out in subparagraph (i), (ii) or (iii):

    • (i) if the additional youth sentence is imposed under paragraph 42(2)(n), the period that is two thirds of the period that constitutes the difference between the expiry of the youth sentence as determined in accordance with section 43 and the expiry of the youth sentence that the young person was serving before the additional youth sentence was imposed,

    • (ii) if the additional youth sentence is a concurrent youth sentence imposed under paragraph 42(2)(o), (q) or (r), the custodial portion of the youth sentence imposed under that paragraph that extends beyond the expiry date of the custodial portion of the sentence being served before the imposition of the additional sentence, or

    • (iii) if the additional youth sentence is a consecutive youth sentence imposed under paragraph 42(2)(o), (q) or (r), the custodial portion of the additional youth sentence imposed under that paragraph.

Marginal note:Supervision when additional youth sentence extends the period in custody

  •  (1) If a young person has begun to serve a portion of a youth sentence in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r) at the time an additional youth sentence is imposed under one of those paragraphs, and, as a result of the application of section 44, the custodial portion of the young person’s youth sentence ends on a day that is later than the day on which the young person received the additional youth sentence, the serving of a portion of the youth sentence under supervision in the community subject to conditions or under conditional supervision shall become inoperative and the young person shall be committed to custody under paragraph 102(1)(b) or 106(b) until the end of the extended portion of the youth sentence to be served in custody.

  • Marginal note:Supervision when additional youth sentence does not extend the period in custody

    (2) If a youth sentence has been imposed under paragraph 42(2)(n), (o), (q) or (r) on a young person who is under supervision in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r), and the additional youth sentence would not modify the expiry date of the youth sentence that the young person was serving at the time the additional youth sentence was imposed, the young person may be remanded to the youth custody facility that the provincial director considers appropriate. The provincial director shall review the case and, no later than forty-eight hours after the remand of the young person, shall either refer the case to the youth justice court for a review under section 103 or 109 or release the young person to continue the supervision in the community or the conditional supervision.

  • Marginal note:Supervision when youth sentence additional to supervision

    (3) If a youth sentence has been imposed under paragraph 42(2)(n), (o), (q) or (r) on a young person who is under conditional supervision under paragraph 94(19)(b) or subsection 96(5), the young person shall be remanded to the youth custody facility that the provincial director considers appropriate. The provincial director shall review the case and, no later than forty-eight hours after the remand of the young person, shall either refer the case to the youth justice court for a review under section 103 or 109 or release the young person to continue the conditional supervision.

Marginal note:Exception when youth sentence in respect of earlier offence

 The total of the custodial portions of a young person’s youth sentences shall not exceed six years calculated from the beginning of the youth sentence that is determined in accordance with section 43 if

  • (a) a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) on the young person already serving a youth sentence under one of those paragraphs; and

  • (b) the later youth sentence imposed is in respect of an offence committed before the commencement of the earlier youth sentence.

Marginal note:Committal to custody deemed continuous

  •  (1) Subject to subsections (2) and (3), a young person who is sentenced under paragraph 42(2)(n) is deemed to be committed to continuous custody for the custodial portion of the sentence.

  • Marginal note:Intermittent custody

    (2) If the sentence does not exceed ninety days, the youth justice court may order that the custodial portion of the sentence be served intermittently if it is consistent with the purpose and principles set out in section 38.

  • Marginal note:Availability of place of intermittent custody

    (3) Before making an order of committal to intermittent custody, the youth justice court shall require the prosecutor to make available to the court for its consideration a report of the provincial director as to the availability of a youth custody facility in which an order of intermittent custody can be enforced and, if the report discloses that no such youth custody facility is available, the court shall not make the order.

Marginal note:Reasons for the sentence

 When a youth justice court imposes a youth sentence, it shall state its reasons for the sentence in the record of the case and shall, on request, give or cause to be given a copy of the sentence and the reasons for the sentence to

  • (a) the young person, the young person’s counsel, a parent of the young person, the provincial director and the prosecutor; and

  • (b) in the case of a committal to custody under paragraph 42(2)(n), (o), (q) or (r), the review board.

Marginal note:Warrant of committal

  •  (1) When a young person is committed to custody, the youth justice court shall issue or cause to be issued a warrant of committal.

  • Marginal note:Custody during transfer

    (2) A young person who is committed to custody may, in the course of being transferred from custody to the court or from the court to custody, be held under the supervision and control of a peace officer or in any place of temporary detention referred to in subsection 30(1) that the provincial director may specify.

  • Marginal note:Subsection 30(3) applies

    (3) Subsection 30(3) (detention separate from adults) applies, with any modifications that the circumstances require, in respect of a person held in a place of temporary detention under subsection (2).

Marginal note:Application of Part XXIII of Criminal Code

  •  (1) Subject to section 74 (application of Criminal Code to adult sentences), Part XXIII (sentencing) of the Criminal Code does not apply in respect of proceedings under this Act except for paragraph 718.2(e) (sentencing principle for aboriginal offenders), sections 722 (victim impact statements), 722.1 (copy of statement) and 722.2 (inquiry by court), subsection 730(2) (court process continues in force) and sections 748 (pardons and remissions), 748.1 (remission by the Governor in Council) and 749 (royal prerogative) of that Act, which provisions apply with any modifications that the circumstances require.

  • Marginal note:Section 787 of Criminal Code does not apply

    (2) Section 787 (general penalty) of the Criminal Code does not apply in respect of proceedings under this Act.

Marginal note:Mandatory prohibition order

  •  (1) Despite section 42 (youth sentences), when a young person is found guilty of an offence referred to in any of paragraphs 109(1)(a) to (d) of the Criminal Code, the youth justice court shall, in addition to imposing a sentence under section 42 (youth sentences), make an order prohibiting the young person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance during the period specified in the order as determined in accordance with subsection (2).

  • Marginal note:Duration of prohibition order

    (2) An order made under subsection (1) begins on the day on which the order is made and ends not earlier than two years after the young person has completed the custodial portion of the sentence or, if the young person is not subject to custody, after the time the young person is found guilty of the offence.

  • Marginal note:Discretionary prohibition order

    (3) Despite section 42 (youth sentences), where a young person is found guilty of an offence referred to in paragraph 110(1)(a) or (b) of the Criminal Code, the youth justice court shall, in addition to imposing a sentence under section 42 (youth sentences), consider whether it is desirable, in the interests of the safety of the young person or of any other person, to make an order prohibiting the young person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order.

  • Marginal note:Duration of prohibition order

    (4) An order made under subsection (3) against a young person begins on the day on which the order is made and ends not later than two years after the young person has completed the custodial portion of the sentence or, if the young person is not subject to custody, after the time the young person is found guilty of the offence.

  • Marginal note:Reasons for the prohibition order

    (5) When a youth justice court makes an order under this section, it shall state its reasons for making the order in the record of the case and shall give or cause to be given a copy of the order and, on request, a transcript or copy of the reasons to the young person against whom the order was made, the counsel and a parent of the young person and the provincial director.

  • Marginal note:Reasons

    (6) When the youth justice court does not make an order under subsection (3), or when the youth justice court does make such an order but does not prohibit the possession of everything referred to in that subsection, the youth justice court shall include in the record a statement of the youth justice court’s reasons.

  • Marginal note:Application of Criminal Code

    (7) Sections 113 to 117 (firearm prohibition orders) of the Criminal Code apply in respect of any order made under this section.

  • Marginal note:Report

    (8) Before making an order referred to in section 113 (lifting firearms order) of the Criminal Code in respect of a young person, the youth justice court may require the provincial director to cause to be prepared, and to submit to the youth justice court, a report on the young person.

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).

 
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