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

Act current to 2022-09-22 and last amended on 2019-12-18. Previous Versions

PART 4Sentencing (continued)

Adult Sentence and Election (continued)

 [Repealed, 2012, c. 1, s. 179]

  •  (1) [Repealed, 2012, c. 1, s. 180]

  • Marginal note:Included offences

    (2) If the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence and the young person is found guilty of an included offence for which an adult is liable to imprisonment for a term of more than two years, committed after he or she has attained the age of 14 years, the Attorney General may make an application under subsection 64(1) (application for adult sentence).

  • 2002, c. 1, s. 69
  • 2012, c. 1, s. 180

 [Repealed, 2012, c. 1, s. 181]

Marginal note:Hearing — adult sentences

 The youth justice court shall, at the commencement of the sentencing hearing, hold a hearing in respect of an application under subsection 64(1) (application for adult sentence), unless the court has received notice that the application is not opposed. Both parties and the parents of the young person shall be given an opportunity to be heard at the hearing.

  • 2002, c. 1, s. 71
  • 2012, c. 1, s. 182

Marginal note:Order of adult sentence

  •  (1) The youth justice court shall order that an adult sentence be imposed if it is satisfied that

    • (a) the presumption of diminished moral blameworthiness or culpability of the young person is rebutted; and

    • (b) a youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not be of sufficient length to hold the young person accountable for his or her offending behaviour.

  • Marginal note:Order of youth sentence

    (1.1) If the youth justice court is not satisfied that an order should be made under subsection (1), it shall order that the young person is not liable to an adult sentence and that a youth sentence must be imposed.

  • Marginal note:Onus

    (2) The onus of satisfying the youth justice court as to the matters referred to in subsection (1) is on the Attorney General.

  • Marginal note:Pre-sentence report

    (3) In making an order under subsection (1) or (1.1), the youth justice court shall consider the pre-sentence report.

  • Marginal note:Court to state reasons

    (4) When the youth justice court makes an order under this section, it shall state the reasons for its decision.

  • Marginal note:Appeal

    (5) For the purposes of an appeal in accordance with section 37, an order under subsection (1) or (1.1) is part of the sentence.

  • 2002, c. 1, s. 72
  • 2012, c. 1, s. 183

Marginal note:Court must impose adult sentence

  •  (1) When the youth justice court makes an order under subsection 72(1) in respect of a young person, the court shall, on a finding of guilt, impose an adult sentence on the young person.

  • Marginal note:Court must impose youth sentence

    (2) When the youth justice court makes an order under subsection 72(1.1) in respect of a young person, the court shall, on a finding of guilt, impose a youth sentence on the young person.

  • 2002, c. 1, s. 73
  • 2012, c. 1, s. 184

Marginal note:Application of Parts XXIII and XXIV of Criminal Code

  •  (1) Parts XXIII (sentencing) and XXIV (dangerous and long-term offenders) of the Criminal Code apply to a young person in respect of whom the youth justice court has ordered that an adult sentence be imposed.

  • Marginal note:Finding of guilt becomes a conviction

    (2) A finding of guilt for an offence in respect of which an adult sentence is imposed becomes a conviction once the time allowed for the taking of an appeal has expired or, if an appeal is taken, all proceedings in respect of the appeal have been completed and the appeal court has upheld an adult sentence.

  • Marginal note:Interpretation

    (3) This section does not affect the time of commencement of an adult sentence under subsection 719(1) of the Criminal Code.

 [Repealed, 2019, c. 25, s. 377]

Marginal note:Placement when subject to adult sentence

  •  (1) Subject to subsections (2) and (9) and sections 79 and 80 and despite anything else in this Act or any other Act of Parliament, when a young person who is subject to an adult sentence in respect of an offence is sentenced to a term of imprisonment for the offence, the youth justice court shall order that the young person serve any portion of the imprisonment in

    • (a) a youth custody facility separate and apart from any adult who is detained or held in custody;

    • (b) a provincial correctional facility for adults; or

    • (c) if the sentence is for two years or more, a penitentiary.

  • Marginal note:Young person under age of 18

    (2) No young person who is under the age of 18 years is to serve any portion of the imprisonment in a provincial correctional facility for adults or a penitentiary.

  • Marginal note:Opportunity to be heard

    (3) Before making an order under subsection (1), the youth justice court shall give the young person, a parent of the young person, the Attorney General, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard.

  • Marginal note: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.

  • Marginal note:Appeals

    (5) For the purposes of an appeal in accordance with section 37, an order under subsection (1) is part of the sentence.

  • Marginal note:Review

    (6) On application, the youth justice court shall review the placement of a young person under this section and, if satisfied that the circumstances that resulted in the initial order have changed materially, and after having given the young person, a parent of the young person, the Attorney General, the provincial director and the representatives of the provincial and federal correctional systems an opportunity to be heard, the court may order that the young person be placed in

    • (a) a youth custody facility separate and apart from any adult who is detained or held in custody;

    • (b) a provincial correctional facility for adults; or

    • (c) if the sentence is for two years or more, a penitentiary.

  • Marginal note:Who may make application

    (7) An application referred to in this section may be made by the young person, one of the young person’s parents, the provincial director, representatives of the provincial and federal correctional systems and the Attorney General, after the time for all appeals has expired.

  • Marginal note:Notice

    (8) When an application referred to in this section is made, the applicant shall cause a notice of the application to be given to the other persons referred to in subsection (7).

  • Marginal note:Limit — age twenty

    (9) No young person shall remain in a youth custody facility under this section after the young person attains the age of twenty years, unless the youth justice court that makes the order under subsection (1) or reviews the placement under subsection (6) is satisfied that remaining in the youth custody facility would be in the best interests of the young person and would not jeopardize the safety of others.

Marginal note:Obligation to inform — parole

  •  (1) When a young person is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence), the provincial director shall inform the appropriate parole board.

  • Marginal note:Applicability of Corrections and Conditional Release Act

    (2) For greater certainty, Part II of the Corrections and Conditional Release Act applies, subject to section 78, with respect to a young person who is the subject of an order under subsection 76(1) (placement when subject to adult sentence).

  • Marginal note:Appropriate parole board

    (3) The appropriate parole board for the purposes of this section is

    • (a) if subsection 112(1) of the Corrections and Conditional Release Act would apply with respect to the young person but for the fact that the young person was ordered into a youth custody facility, the parole board mentioned in that subsection; and

    • (b) in any other case, the Parole Board of Canada.

  • 2002, c. 1, s. 77
  • 2012, c. 1, s. 160

Marginal note:Release entitlement

  •  (1) For greater certainty, section 6 of the Prisons and Reformatories Act applies to a young person who is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) only if section 743.1 (rules respecting sentences of two or more years) of the Criminal Code would direct that the young person serve the sentence in a prison.

  • Marginal note:Release entitlement

    (2) For greater certainty, section 127 of the Corrections and Conditional Release Act applies to a young person who is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) only if section 743.1 (rules respecting sentences of two or more years) of the Criminal Code would direct that the young person serve the sentence in a penitentiary.

Marginal note:If person convicted under another Act

 If a person who is serving all or a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) is sentenced to a term of imprisonment under an Act of Parliament other than this Act, the remainder of the portion of the sentence being served in the youth custody facility shall be served in a provincial correctional facility for adults or a penitentiary, in accordance with section 743.1 (rules respecting sentences of two or more years) of the Criminal Code.

Marginal note:If person who is serving a sentence under another Act is sentenced to an adult sentence

 If a person who has been serving a sentence of imprisonment under an Act of Parliament other than this Act is sentenced to an adult sentence of imprisonment under this Act, the sentences shall be served in a provincial correctional facility for adults or a penitentiary, in accordance with section 743.1 (rules respecting sentences of two or more years) of the Criminal Code.

Marginal note:Procedure for application or notice

 An application or a notice to the court under section 64 or 76 must be made or given orally, in the presence of the other party, or in writing with a copy served personally on the other party.

  • 2002, c. 1, s. 81
  • 2012, c. 1, s. 187

Effect of Termination of Youth Sentence

Marginal note:Effect of absolute discharge or termination of youth sentence

  •  (1) Subject to section 12 (examination as to previous convictions) of the Canada Evidence Act, if a young person is found guilty of an offence, and a youth justice court directs under paragraph 42(2)(b) that the young person be discharged absolutely, or the youth sentence, or any disposition made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, has ceased to have effect, other than an order under section 51 (mandatory prohibition order) of this Act or section 20.1 (mandatory prohibition order) of the Young Offenders Act, the young person is deemed not to have been found guilty or convicted of the offence except that

    • (a) the young person may plead autrefois convict in respect of any subsequent charge relating to the offence;

    • (b) a youth justice court may consider the finding of guilt in considering an application under subsection 64(1) (application for adult sentence);

    • (c) any court or justice may consider the finding of guilt in considering an application for judicial interim release or in considering what sentence to impose for any offence; and

    • (d) the Parole Board of Canada or any provincial parole board may consider the finding of guilt in considering an application for conditional release or for a record suspension under the Criminal Records Act.

  • Marginal note:Disqualifications removed

    (2) For greater certainty and without restricting the generality of subsection (1), an absolute discharge under paragraph 42(2)(b) or the termination of the youth sentence or disposition in respect of an offence for which a young person is found guilty removes any disqualification in respect of the offence to which the young person is subject under any Act of Parliament by reason of a finding of guilt.

  • Marginal note:Applications for employment

    (3) No application form for or relating to the following shall contain any question that by its terms requires the applicant to disclose that he or she has been charged with or found guilty of an offence in respect of which he or she has, under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, been discharged absolutely, or has completed the youth sentence under this Act or the disposition under the Young Offenders Act:

    • (a) employment in any department, as defined in section 2 of the Financial Administration Act;

    • (b) employment by any Crown corporation, as defined in section 83 of the Financial Administration Act;

    • (c) enrolment in the Canadian Forces; or

    • (d) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.

  • Marginal note:Finding of guilt not a previous conviction

    (4) A finding of guilt under this Act is not a previous conviction for the purposes of any offence under any Act of Parliament for which a greater punishment is prescribed by reason of previous convictions, except for

    • (a) [Repealed, 2012, c. 1, s. 188]

    • (b) the purpose of determining the adult sentence to be imposed.

  • 2002, c. 1, s. 82
  • 2012, c. 1, ss. 156, 160, 188

PART 5Custody and Supervision

Marginal note:Purpose

  •  (1) The purpose of the youth custody and supervision system is to contribute to the protection of society by

    • (a) carrying out sentences imposed by courts through the safe, fair and humane custody and supervision of young persons; and

    • (b) assisting young persons to be rehabilitated and reintegrated into the community as law-abiding citizens, by providing effective programs to young persons in custody and while under supervision in the community.

  • Marginal note:Principles to be used

    (2) In addition to the principles set out in section 3, the following principles are to be used in achieving that purpose:

    • (a) that the least restrictive measures consistent with the protection of the public, of personnel working with young persons and of young persons be used;

    • (b) that young persons sentenced to custody retain the rights of other young persons, except the rights that are necessarily removed or restricted as a consequence of a sentence under this Act or another Act of Parliament;

    • (c) that the youth custody and supervision system facilitate the involvement of the families of young persons and members of the public;

    • (d) that custody and supervision decisions be made in a forthright, fair and timely manner, and that young persons have access to an effective review procedure; and

    • (e) that placements of young persons where they are treated as adults not disadvantage them with respect to their eligibility for and conditions of release.

 
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