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

AMENDMENTS NOT IN FORCE

• — 2026, c. 11, s. 59

  • • 59 (1) Paragraph (a) of the definition violent offence in subsection 2(1) of the Youth Criminal Justice Act is replaced by the following:

      • (a) an offence in the commission of which a young person causes bodily harm;

    • (2) The definition violent offence in subsection 2(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

      • (d) an offence committed by a young person involving the use or trafficking of a firearm. (infraction avec violence)

• — 2026, c. 11, s. 60

  • 60 Section 9 of the Act is replaced by the following:

    • Evidence of measures is inadmissible

      9 Evidence that a young person has received a warning, caution or referral mentioned in section 6, 7 or 8 or that a police officer has taken no further action in respect of an offence, and evidence of the offence, is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the young person.

• — 2026, c. 11, s. 61

  • • 61 (1) Subsection 17(1) of the Act is replaced by the following:

      • Youth justice court may make rules

        • 17 (1) The youth justice court for a province may, for the purpose of regulating proceedings within its jurisdiction, establish rules of court not inconsistent with this Act or any other Act of Parliament or with any regulations made under section 155.

    • (2) Subsection 17(3) of the Act is replaced by the following:

      • Publication of rules

        (3) Rules of court that are made under the authority of this section must be published or otherwise made available to the public.

• — 2026, c. 11, s. 62

  • 62 The portion of subsection 29(1) of the Act before paragraph (a) is replaced by the following:

    • Release order with conditions

      • 29 (1) A youth justice court judge or a justice may impose a condition set out in subsections 515(4) to (4.4) of the Criminal Code in respect of a release order only if they are satisfied that

• — 2026, c. 11, s. 63

  • 63 Paragraph 42(13)(b) of the Act is replaced by the following:

    • (b) is found guilty of more than one offence for each of which a sentence referred to in any of those paragraphs is imposed.

• — 2026, c. 11, s. 64

  • 64 The Act is amended by adding the following after section 49:

    • Reasons — credit for time in detention

      • 49.1 (1) The youth justice court shall give reasons for any credit granted for the time spent in detention by the young person as a result of the offence and shall cause those reasons to be stated in the record of the case.

      • Record of proceedings

        (2) The youth justice court shall cause to be stated in the record of the case and on the warrant of committal the offence, the amount of time spent in detention, the term of the custody and supervision order that would have been imposed before any credit was granted, the amount of time credited, if any, and the sentence imposed.

      • Validity not affected

        (3) Failure to comply with subsection (1) or (2) does not affect the validity of the sentence imposed by the court.

• — 2026, c. 11, s. 65

  • 65 Subsection 56(5) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

    • (c) if a young person is subject to a deferred custody and supervision order, at the end of the period set out in that order.

• — 2026, c. 11, s. 66

  • 66 Subsection 57(1) of the Act is replaced by the following:

    • Transfer of youth sentence

      • 57 (1) When a youth sentence has been imposed under any of paragraphs 42(2)(c) to (i), (k), (l) or (s) in respect of a young person and the young person or a parent with whom the young person resides is or becomes a resident of a territorial division outside the jurisdiction of the youth justice court that imposed the youth sentence, whether in the same or in another province, a youth justice court judge in the territorial division in which the youth sentence was imposed may, on the application of the Attorney General or on the application of the young person or the young person’s parent, with the consent of the Attorney General, transfer to a youth justice court in another territorial division the youth sentence and any portion of the record of the case that is appropriate. All subsequent proceedings relating to the case shall then be carried out and enforced by that court.

• — 2026, c. 11, s. 67

  • 67 Subsection 58(1) of the Act is replaced by the following:

    • Interprovincial arrangements

      • 58 (1) When a youth sentence has been imposed under any of paragraphs 42(2)(c) and (k) to (s) in respect of a young person, the youth sentence in one province may be dealt with in any other province in accordance with any agreement that may have been made between those provinces.

• — 2026, c. 11, s. 68

  • 68 The Act is amended by adding the following after section 108:

    • Applicable provisions — detention and release

      • 108.1 (1) If the case of a young person is referred to the youth justice court under section 108 for a review under section 103 or 109 and the young person is remanded to custody under section 102 or 106, sections 28 to 31 apply, with any necessary modifications, to an application for their release from custody until the completion of the review by the youth justice court.

      • Reference

        (2) For the purposes of subsection (1), any reference in section 29 to a young person charged with a serious offence is to be read as a reference to a young person who has breached or is about to breach a condition referred to in section 102 or 106, as the case may be.

      • Continuation of sentence

        (3) Despite the suspension of their conditional supervision and subject to section 107, the young person continues to serve their sentence until the review is completed by the youth justice court.

      • Conditions continue to apply

        (4) During the suspension of their conditional supervision, any conditions imposed to which the young person is subject continues to apply, in addition to any conditions that may be imposed on them, in respect of a release order, until the completion of the review by the youth justice court.

      • Notice to Attorney General

        (5) The provincial director shall, without delay, give notice to the Attorney General of an application in respect of the release from custody of a young person referred to in subsection (1).

• — 2026, c. 11, s. 69

  • 69 The Act is amended by adding the following after section 109:

    • Time not counted

      109.1 The time spent by a young person who is unlawfully at large while subject to a youth sentence does not count as part of any term of a custody and supervision order.

• — 2026, c. 11, s. 70

  • 70 Section 110 of the Act is amended by adding the following after subsection (4):

    • Publication — urgent situation

      (4.1) A police officer may publish information that identifies a young person without a court order referred to in subsection (4) if the police officer has reasonable grounds to believe that

      • (a) the young person has committed or is likely to commit an indictable offence; and

      • (b) the urgency of the situation is such that the immediate publication is necessary for all of the following reasons:

        • (i) the young person is an imminent danger to the public and the publication could aid in the prevention of serious bodily harm or death,

        • (ii) the publication is necessary to assist in apprehending the young person, and

        • (iii) the court order could not, with reasonable diligence, be obtained.

    • Publication — more than 24 hours

      (4.2) The court order must be obtained if the publication is required for more than 24 hours after it has been made.

• — 2026, c. 11, s. 71

  • 71 Section 115 of the Act is amended by adding the following after subsection (1.1):

    • For greater certainty

      (1.2) For greater certainty, the police force may keep a record of an investigation in respect of an offence alleged to have been committed by a young person even if the investigation did not result in a charge or extrajudicial measures were not used to deal with that young person.

• — 2026, c. 11, s. 72

  • • 72 (1) Subsection 119(2) of the Act is amended by adding the following after paragraph (a):

      • (a.1) if an extrajudicial measure, other than an extrajudicial sanction, is used to deal with the young person, the period ending two years from the day on which the decision to use the extrajudicial measure is made;

      • (a.2) if the young person is the subject of an investigation referred to in subsection 115(1.2), two years from the day on which the young person ceases to be the subject of the investigation;

    • (2) Section 119 of the Act is amended by adding the following after subsection (4):

      • Records — certain investigations

        (4.1) Access to a record kept in respect of an investigation referred to in subsection 115(1.2) is to be given only to the following persons for the following purposes:

        • (a) a peace officer or the Attorney General, in order to make a decision under this Act in respect of the young person to whom the investigation relates; and

        • (b) a peace officer, for the purpose of investigating an offence.

      • Evidence of investigation — inadmissible

        (4.2) Evidence that forms a part of a police investigation referred to in subsection 115(1.2) in respect of a young person is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the young person.

• — 2026, c. 11, s. 73

  • 73 Section 124 of the Act is replaced by the following:

    • Access to record by young person

      124 Despite any other provision of this Act, a young person to whom a record relates and their counsel may have access to the record at any time.

• — 2026, c. 11, s. 74

  • 74 Section 156 of the Act is replaced by the following:

    • Agreements with provinces

      156 The Minister of Justice may enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act.