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

Act current to 2023-01-25 and last amended on 2019-12-18. Previous Versions

PART 4Sentencing (continued)

Youth Sentences (continued)

Marginal note:Condition that must appear in orders

  •  (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.

  • 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:

    • (a) report to and be supervised by the provincial director or a person designated by the youth justice court;

    • (b) notify the clerk of the youth justice court, the provincial director or the youth worker assigned to the case of any change of address or any change in the young person’s place of employment, education or training;

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

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

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

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

    • (g) reside at a place that the provincial director may specify;

    • (h) comply with any other conditions set out in the order that the youth justice court considers appropriate; and

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

Marginal note:Communication of order

  •  (1) A youth justice court that makes an order under paragraph 42(2)(k) or (l) shall

    • (a) cause the order to be read by or to the young person bound by it;

    • (b) explain or cause to be explained to the young person the purpose and effect of the order, and confirm that the young person understands it; and

    • (c) cause a copy of the order to be given to the young person, and to any parent of the young person who is in attendance at the sentencing hearing.

  • Marginal note:Copy of order to parent

    (2) A youth justice court that makes an order under paragraph 42(2)(k) or (l) may cause a copy to be given to a parent of the young person who is not in attendance at the proceedings if the parent is, in the opinion of the court, taking an active interest in the proceedings.

  • Marginal note:Endorsement of order by young person

    (3) After the order has been read and explained under subsection (1), the young person shall endorse on the order an acknowledgement that the young person has received a copy of the order and had its purpose and effect explained.

  • Marginal note:Validity of order

    (4) The failure of a young person to endorse the order or of a parent to receive a copy of the order does not affect the validity of the order.

  • Marginal note:Commencement of order

    (5) An order made under paragraph 42(2)(k) or (l) comes into force

    • (a) on the date on which it is made; or

    • (b) if a young person receives a sentence that includes a period of continuous custody and supervision, at the end of the period of supervision.

  • Marginal note:Effect of order in case of custody

    (6) If a young person is subject to a sentence that includes both a period of continuous custody and supervision and an order made under paragraph 42(2)(k) or (l), and the court orders under subsection 42(12) a delay in the start of the period of custody, the court may divide the period that the order made under paragraph 42(2)(k) or (l) is in effect, with the first portion to have effect from the date on which it is made until the start of the period of custody, and the remainder to take effect at the end of the period of supervision.

  • Marginal note:Notice to appear

    (7) A young person may be given notice either orally or in writing to appear before the youth justice court under paragraph 55(1)(b).

  • Marginal note:Warrant in default of appearance

    (8) If service of a notice in writing is proved and the young person fails to attend court in accordance with the notice, a youth justice court may issue a warrant to compel the appearance of the young person.

Marginal note:Transfer of youth sentence

  •  (1) When a youth sentence has been imposed under any of paragraphs 42(2)(d) 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.

  • Marginal note:No transfer outside province before appeal completed

    (2) No youth sentence may be transferred from one province to another under this section until the time for an appeal against the youth sentence or the finding on which the youth sentence was based has expired or until all proceedings in respect of any such appeal have been completed.

  • Marginal note:Transfer to a province when person is adult

    (3) When an application is made under subsection (1) to transfer the youth sentence of a young person to a province in which the young person is an adult, a youth justice court judge may, with the consent of the Attorney General, transfer the youth sentence and the record of the case to the youth justice court in the province to which the transfer is sought, and the youth justice court to which the case is transferred shall have full jurisdiction in respect of the youth sentence as if that court had imposed the youth sentence. The person shall be further dealt with in accordance with this Act.

Marginal note:Interprovincial arrangements

  •  (1) When a youth sentence has been imposed under any of paragraphs 42(2)(k) to (r) 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.

  • Marginal note:Youth justice court retains jurisdiction

    (2) Subject to subsection (3), when a youth sentence imposed in respect of a young person is dealt with under this section in a province other than that in which the youth sentence was imposed, the youth justice court of the province in which the youth sentence was imposed retains, for all purposes of this Act, exclusive jurisdiction over the young person as if the youth sentence were dealt with within that province, and any warrant or process issued in respect of the young person may be executed or served in any place in Canada outside the province where the youth sentence was imposed as if it were executed or served in that province.

  • Marginal note:Waiver of jurisdiction

    (3) When a youth sentence imposed in respect of a young person is dealt with under this section in a province other than the one in which the youth sentence was imposed, the youth justice court of the province in which the youth sentence was imposed may, with the consent in writing of the Attorney General of that province and the young person, waive its jurisdiction, for the purpose of any proceeding under this Act, to the youth justice court of the province in which the youth sentence is dealt with, in which case the youth justice court in the province in which the youth sentence is dealt with shall have full jurisdiction in respect of the youth sentence as if that court had imposed the youth sentence.

Marginal note:Review of youth sentences not involving custody

  •  (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).

  • Marginal note:Grounds for review

    (2) A review of a youth sentence may be made under this section

    • (a) on the ground that the circumstances that led to the youth sentence have changed materially;

    • (b) on the ground that the young person in respect of whom the review is to be made is unable to comply with or is experiencing serious difficulty in complying with the terms of the youth sentence;

    • (c) on the ground that the young person in respect of whom the review is to be made has contravened a condition of an order made under paragraph 42(2)(k) or (l) without reasonable excuse;

    • (d) on the ground that the terms of the youth sentence are adversely affecting the opportunities available to the young person to obtain services, education or employment; or

    • (e) on any other ground that the youth justice court considers appropriate.

  • Marginal note:Progress report

    (3) The youth justice court may, before reviewing under this section a youth sentence imposed in respect of a young person, require the provincial director to cause to be prepared, and to submit to the youth justice court, a progress report on the performance of the young person since the youth sentence took effect.

  • Marginal note:Subsections 94(10) to (12) apply

    (4) Subsections 94(10) to (12) apply, with any modifications that the circumstances require, in respect of any progress report required under subsection (3).

  • Marginal note:Subsections 94(7) and (14) to (18) apply

    (5) Subsections 94(7) and (14) to (18) apply, with any modifications that the circumstances require, in respect of reviews made under this section and any notice required under subsection 94(14) shall also be given to the provincial director.

  • Marginal note:Compelling appearance of young person

    (6) The youth justice court may, by summons or warrant, compel a young person in respect of whom a review is to be made under this section to appear before the youth justice court for the purposes of the review.

  • Marginal note:Decision of the youth justice court after review

    (7) When a youth justice court reviews under this section a youth sentence imposed in respect of a young person, 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 youth sentence;

    • (b) terminate the youth sentence and discharge the young person from any further obligation of the youth sentence; or

    • (c) vary the youth sentence or impose any new youth sentence under section 42, other than a committal to custody, for any period of time, not exceeding the remainder of the period of the earlier youth sentence, that the court considers appropriate in the circumstances of the case.

  • 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.

  • Marginal note:Exception

    (9) A youth justice court may under this section extend the time within which a youth sentence imposed under paragraphs 42(2)(d) to (i) is to be complied with by a young person if the court is satisfied that the young person requires more time to comply with the youth sentence, but in no case shall the extension be for a period of time that expires more than twelve months after the date the youth sentence would otherwise have expired.

  • 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:Provisions applicable to youth sentences on review

 This Part and Part 5 (custody and supervision) apply with any modifications that the circumstances require to orders made in respect of reviews of youth sentences under sections 59 and 94 to 96.

Adult Sentence and Election

 [Repealed, 2012, c. 1, s. 175]

 [Repealed, 2012, c. 1, s. 175]

 [Repealed, 2012, c. 1, s. 175]

Marginal note:Application by Attorney General

  •  (1) The Attorney General may, before evidence is called as to sentence or, if no evidence is called, before submissions are made as to sentence, make an application to the youth justice court for an order that a young person is liable to an adult sentence if the young person is or has been found guilty of an offence for which an adult is liable to imprisonment for a term of more than two years and that was committed after the young person attained the age of 14 years.

  • (1.1) [Repealed, 2019, c. 25, s. 376]

  • (1.2) [Repealed, 2019, c. 25, s. 376]

  • Marginal note:Notice of intention to seek adult sentence

    (2) If the Attorney General intends to seek an adult sentence for an offence by making an application under subsection (1), the Attorney General shall, before the young person enters a plea or with leave of the youth justice court before the commencement of the trial, give notice to the young person and the youth justice court of the intention to seek an adult sentence.

  • Marginal note:Included offences

    (3) A notice of intention to seek an adult sentence given in respect of an offence is notice in respect of any included offence of which the young person is found guilty for which an adult is liable to imprisonment for a term of more than two years.

  • (4) and (5) [Repealed, 2012, c. 1, s. 176]

 [Repealed, 2012, c. 1, s. 177]

 [Repealed, 2012, c. 1, s. 177]

Marginal note:Election — adult sentence

  •  (1) The youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (2) if

    • (a) [Repealed, 2012, c. 1, s. 178]

    • (b) the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence for an offence committed after the young person has attained the age of fourteen years;

    • (c) the young person is charged with first or second degree murder within the meaning of section 231 of the Criminal Code; or

    • (d) the person to whom section 16 (status of accused uncertain) applies is charged with having, after attaining the age of fourteen years, committed an offence for which an adult would be entitled to an election under section 536 of the Criminal Code, or over which a superior court of criminal jurisdiction would have exclusive jurisdiction under section 469 of that Act.

  • Marginal note:Wording of election

    (2) The youth justice court shall put the young person to his or her election in the following words:

    You have the option to elect to be tried by a youth justice court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

  • Marginal note:Election — Nunavut

    (3) In respect of proceedings in Nunavut, the youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (4) if

    • (a) [Repealed, 2012, c. 1, s. 178]

    • (b) the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence for an offence committed after the young person has attained the age of fourteen years;

    • (c) the young person is charged with first or second degree murder within the meaning of section 231 of the Criminal Code; or

    • (d) the person to whom section 16 (status of accused uncertain) applies is charged with having, after attaining the age of fourteen years, committed an offence for which an adult would be entitled to an election under section 536.1 of the Criminal Code.

  • Marginal note:Wording of election

    (4) The youth justice court shall put the young person to his or her election in the following words:

    You have the option to elect to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth justice court without a jury and without a preliminary inquiry; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court without a jury; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court with a jury. If you elect to be tried by a judge without a jury or by a judge, acting as a youth justice court, with a jury or if you are deemed to have elected to be tried by a judge, acting as a youth justice court, with a jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried?

  • Marginal note:Mode of trial where co-accused are young persons

    (5) When two or more young persons who are charged with the same offence, who are jointly charged in the same information or indictment or in respect of whom the Attorney General seeks joinder of counts that are set out in separate informations or indictments are put to their election, then, unless all of them elect or re-elect or are deemed to have elected, as the case may be, the same mode of trial, the youth justice court judge

    • (a) may decline to record any election, re-election or deemed election for trial by a youth justice court judge without a jury, a judge without a jury or, in Nunavut, a judge of the Nunavut Court Justice without a jury; and

    • (b) if the judge declines to do so, shall hold a preliminary inquiry, if requested to do so by one of the parties, unless a preliminary inquiry has been held prior to the election, re-election or deemed election.

  • Marginal note:Attorney General may require trial by jury

    (6) The Attorney General may, even if a young person elects under subsection (1) or (3) to be tried by a youth justice court judge without a jury or a judge without a jury, require the young person to be tried by a court composed of a judge and jury.

  • Marginal note:Preliminary inquiry

    (7) When a young person elects to be tried by a judge without a jury, or elects or is deemed to have elected to be tried by a court composed of a judge and jury, the youth justice court referred to in subsection 13(1) shall, on the request of the young person or the prosecutor made at that time or within the period fixed by rules of court made under section 17 or 155 or, if there are no such rules, by the youth justice court judge, conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be conducted

    • (a) before a judge without a jury or a court composed of a judge and jury, as the case may be; or

    • (b) in Nunavut, before a judge of the Nunavut Court of Justice acting as a youth justice court, with or without a jury, as the case may be.

  • Marginal note:Preliminary inquiry if two or more accused

    (7.1) If two or more young persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (7), a preliminary inquiry must be held with respect to all of them.

  • Marginal note:When no request for preliminary inquiry

    (7.2) If no request for a preliminary inquiry is made under subsection (7), the youth justice court shall fix the date for the trial or the date on which the young person must appear in the trial court to have the date fixed.

  • Marginal note:Preliminary inquiry provisions of Criminal Code

    (8) The preliminary inquiry shall be conducted in accordance with the provisions of Part XVIII (procedure on preliminary inquiry) of the Criminal Code, except to the extent that they are inconsistent with this Act.

  • Marginal note:Parts XIX and XX of Criminal Code

    (9) Proceedings under this Act before a judge without a jury or a court composed of a judge and jury or, in Nunavut, a judge of the Nunavut Court of Justice acting as a youth justice court, with or without a jury, as the case may be, shall be conducted in accordance with the provisions of Parts XIX (indictable offences — trial without jury) and XX (procedure in jury trials and general provisions) of the Criminal Code, with any modifications that the circumstances require, except that

    • (a) the provisions of this Act respecting the protection of privacy of young persons prevail over the provisions of the Criminal Code; and

    • (b) the young person is entitled to be represented in court by counsel if the young person is removed from court in accordance with subsection 650(2) of the Criminal Code.

 
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