An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (S.C. 2019, c. 25)

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

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

  • Marginal note: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;

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

366 The heading before section 28 of the Act is replaced by the following:

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

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

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

Marginal note:2012, c. 1, s. 171

• 370 (1) Subsection 37(4) of the Act is replaced by the following:

  • Marginal note: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:

  • Marginal note: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.

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):

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

• 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.

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

  Marginal note: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:

  • Marginal note: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

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

  Marginal note: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:

  • Marginal note: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):

  • Marginal note: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.

Marginal note:2012, c. 1, s. 176(1)

376 Subsections 64(1.1) and (1.2) of the Act are repealed.

Marginal note:2012, c. 1, s. 185

377 Section 75 of the Act is repealed.

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

Marginal note: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).

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

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

  Marginal note: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.

  • Marginal note: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.

  • Marginal note: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:

  • Marginal note: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.

  • Marginal note: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.