GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Youth Criminal Justice Act — Y-1.5 116
Government records 116 (1) A department or an agency of any government in Canada may keep records containing information obtained by the department or agency (a) for the purposes of an investigation of an offence alleged to have been committed by a young person; (b) for use in proceedings against a young person under this Act; (c) for the purpose of administering a youth sentence or an order of the youth justice court; (d) for the purpose of considering whether to use extrajudicial measures to deal with a young person; or (e) as a result of the use of extrajudicial measures to deal with a young person. Other records (2) A person or organization may keep records containing information obtained by the person or organization (a) as a result of the use of extrajudicial measures to deal with a young person; or (b) for the purpose of administering or participating in the administration of a youth sentence.
Youth Criminal Justice Act — Y-1.5 117
Exception — adult sentence 117 Sections 118 to 129 do not apply to records kept in respect of an offence for which an adult sentence has been imposed 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. The record shall be dealt with as a record of an adult and, for the purposes of the Criminal Records Act , the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction.
Youth Criminal Justice Act — Y-1.5 118
No access unless authorized 118 (1) Except as authorized or required by this Act, no person shall be given access to a record kept under sections 114 to 116, and no information contained in it may be given to any person, where to do so would identify the young person to whom it relates as a young person dealt with under this Act. Exception for employees (2) No person who is employed in keeping or maintaining records referred to in subsection (1) is restricted from doing anything prohibited under subsection (1) with respect to any other person so employed.
Youth Criminal Justice Act — Y-1.5 120
on for conditional release, or for a record suspension under the Criminal Records Act , made by the young person after the young person becomes an adult. Disclosure for research or statistical purposes (5) A person who is given access to a record under paragraph (1)(c) or (d) may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates. Subsequent offences as adult (6) If, during the period of access to a record under subsection (3), the young person is convicted of an additional offence set out in the schedule, committed when he or she was an adult, (a) this Part no longer applies to the record and the record shall be dealt with as a record of an adult and may be included on the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police; and (b) for the purposes of the Criminal Records Act , the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction. 2002, c. 1, s. 120; 2012, c. 1, ss. 158, 192
Youth Criminal Justice Act — Y-1.5 121
Deemed election 121 For the purposes of sections 119 and 120, if no election is made in respect of an offence that may be prosecuted by indictment or proceeded with by way of summary conviction, the Attorney General is deemed to have elected to proceed with the offence as an offence punishable on summary conviction.
Youth Criminal Justice Act — Y-1.5 122
Disclosure of information and copies of record 122 A person who is required or authorized to be given access to a record under section 119, 120, 123 or 124 may be given any information contained in the record and may be given a copy of any part of the record.
Youth Criminal Justice Act — Y-1.5 123
Where records may be made available 123 (1) A youth justice court judge may, on application by a person after the end of the applicable period set out in subsection 119(2), order that the person be given access to all or part of a record kept under sections 114 to 116 or that a copy of the record or part be given to that person, (a) if the youth justice court judge is satisfied that (i) the person has a valid and substantial interest in the record or part, (ii) it is necessary for access to be given to the record or part in the interest of the proper administration of justice, and (iii) disclosure of the record or part or the information in it is not prohibited under any other Act of Parliament or the legislature of a province; or (b) if the youth court judge is satisfied that access to the record or part is desirable in the public interest for research or statistical purposes. Restriction for paragraph (1)(a) (2) Paragraph (1)(a) applies in respect of a record relating to a particular young person or to a record relating to a class of young persons only if the identity of young persons in the class at the time of the making of the application referred to in that paragraph cannot reasonably be ascertained and the disclosure of the record is necessary for the purpose of investigating any offence that a person is suspected on reasonable grounds of having committed against a young person while the young person is, or was, serving a sentence. Notice (3) Subject to subsection (4), an application for an order under paragraph (1)(a) in respect of a record shall not be heard unless the person who makes the application has given the young person to whom the record relates and the person or body that has possession of the record at least five days notice in writing of the application, and the young person and the person or body that has possession have had a reasonable opportunity to be heard. Where notice not required (4) A youth justice court judge may waive the requirement in subsection (3) to give notice to a young person when the judge is of the opinion that (a) to insist on the giving of the notice would frustrate the application; or (b) reasonable efforts have not been successful in finding the young person. Use of record (5) In any order under subsection (1), the youth justice court judge shall set out the purposes for which the record may be used. Disclosure for research or statistical purposes (6) When access to a record is given to any person under paragraph (1)(b), that person may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates.
Youth Criminal Justice Act — Y-1.5 124
Access to record by young person 124 A young person to whom a record relates and his or her counsel may have access to the record at any time.
Youth Criminal Justice Act — Y-1.5 126
Records in the custody, etc., of archivists 126 When records originally kept under sections 114 to 116 are under the custody or control of the Librarian and Archivist of Canada or the archivist for any province, that person may disclose any information contained in the records to any other person if (a) a youth justice court judge is satisfied that the disclosure is desirable in the public interest for research or statistical purposes; and (b) the person to whom the information is disclosed undertakes not to disclose the information in any form that could reasonably be expected to identify the young person to whom it relates. 2002, c. 1, s. 126; 2004, c. 11, s. 48
Youth Criminal Justice Act — Y-1.5 127
Disclosure with court order 127 (1) The youth justice court may, on the application of the provincial director, the Attorney General or a peace officer, make an order permitting the applicant to disclose to the person or persons specified by the court any information about a young person that is specified, if the court is satisfied that the disclosure is necessary, having regard to the following circumstances: (a) the young person has been found guilty of an offence involving serious personal injury; (b) the young person poses a risk of serious harm to persons; and (c) the disclosure of the information is relevant to the avoidance of that risk. Opportunity to be heard (2) Subject to subsection (3), before making an order under subsection (1), the youth justice court shall give the young person, a parent of the young person and the Attorney General an opportunity to be heard. Ex parte application (3) An application under subsection (1) may be made ex parte by the Attorney General where the youth justice court is satisfied that reasonable efforts have been made to locate the young person and that those efforts have not been successful. Time limit (4) No information may be disclosed under subsection (1) after the end of the applicable period set out in subsection 119(2) (period of access to records).
Youth Criminal Justice Act — Y-1.5 128
Effect of end of access periods 128 (1) Subject to sections 123, 124 and 126, after the end of the applicable period set out in section 119 or 120 no record kept under sections 114 to 116 may be used for any purpose that would identify the young person to whom the record relates as a young person dealt with under this Act or the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985. Disposal of records (2) Subject to paragraph 125(7)(c), any record kept under sections 114 to 116, other than a record kept under subsection 115(3), may, in the discretion of the person or body keeping the record, be destroyed or transmitted to the Librarian and Archivist of Canada or the archivist for any province, at any time before or after the end of the applicable period set out in section 119. Disposal of R.C.M.P. records (3) All records kept under subsection 115(3) shall be destroyed or, if the Librarian and Archivist of Canada requires it, transmitted to the Librarian and Archivist, at the end of the applicable period set out in section 119 or 120. Purging CPIC (4) The Commissioner of the Royal Canadian Mounted Police shall remove a record from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police at the end of the applicable period referred to in section 119; however, information relating to a prohibition order made under an Act of Parliament or the legislature of a province shall be removed only at the end of the period for which the order is in force. Exception (5) Despite subsections (1), (2) and (4), an entry that is contained in a system maintained by the Royal Canadian Mounted Police to match crime scene information and that relates to an offence committed or alleged to have been committed by a young person shall be dealt with in the same manner as information that relates to an offence committed by an adult for which a record suspension ordered under the Criminal Records Act is in effect. Authority to inspect (6) The Librarian and Archivist of Canada may, at any time, inspect records kept under sections 114 to 116 that are under the control of a government institution as defined in section 2 of the Library and Archives of Canada Act , and the archivist for a province may at any time inspect any records kept under those sections that the archivist is authorized to inspect under any Act of the legislature of the province. Definition of destroy (7) For the purposes of subsections (2) and (3), destroy , in respect of a record, means (a) to shred, burn or otherwise physically destroy the record, in the case of a record other than a record in electronic form; and (b) to delete, write over or otherwise render the record inaccessible, in the case of a record in electronic form. 2002, c. 1, s. 128; 2004, c. 11, s. 49; 2012, c. 1, s. 159
Youth Criminal Justice Act — Y-1.5 129
No subsequent disclosure 129 No person who is given access to a record or to whom information is disclosed under this Act shall disclose that information to any other person unless the disclosure is authorized under this Act.
Youth Criminal Justice Act — Y-1.5 130
Disqualification of judge 130 (1) Subject to subsection (2), a youth justice court judge who, prior to an adjudication in respect of a young person charged with an offence, examines a pre-sentence report made in respect of the young person in connection with that offence or has, after a guilty plea or a finding of guilt, heard submissions as to sentence and then there has been a change of plea, shall not in any capacity conduct or continue the trial of the young person for the offence and shall transfer the case to another judge to be dealt with according to law. Exception (2) A youth justice court judge may, in the circumstances referred to in subsection (1), with the consent of the young person and the prosecutor, conduct or continue the trial of the young person if the judge is satisfied that he or she has not been predisposed by a guilty plea or finding of guilt, or by information contained in the pre-sentence report or submissions as to sentence.
Youth Criminal Justice Act — Y-1.5 131
Powers of substitute youth justice court judge 131 (1) A youth justice court judge who acts in the place of another youth justice court judge under subsection 669.2(1) (continuation of proceedings) of the Criminal Code shall (a) if an adjudication has been made, proceed to sentence the young person or make the order that, in the circumstances, is authorized by law; or (b) if no adjudication has been made, recommence the trial as if no evidence had been taken. Transcript of evidence already given (2) A youth justice court judge who recommences a trial under paragraph (1)(b) may, if the parties consent, admit into evidence a transcript of any evidence already given in the case.
Youth Criminal Justice Act — Y-1.5 132
Exclusion from hearing 132 (1) Subject to subsection (2), a court or justice before whom proceedings are carried out under this Act may exclude any person from all or part of the proceedings if the court or justice considers that the person’s presence is unnecessary to the conduct of the proceedings and the court or justice is of the opinion that (a) any evidence or information presented to the court or justice would be seriously injurious or seriously prejudicial to (i) the young person who is being dealt with in the proceedings, (ii) a child or young person who is a witness in the proceedings, or (iii) a child or young person who is aggrieved by or the victim of the offence charged in the proceedings; or (b) it would be in the interest of public morals, the maintenance of order or the proper administration of justice to exclude any or all members of the public from the court room. Exception (2) Subject to section 650 (accused to be present) of the Criminal Code and except if it is necessary for the purposes of subsection 34(9) (nondisclosure of medical or psychological report) of this Act, a court or justice may not, under subsection (1), exclude from proceedings under this Act (a) the prosecutor; (b) the young person who is being dealt with in the proceedings, the counsel or a parent of the young person or any adult assisting the young person under subsection 25(7); (c) the provincial director or his or her agent; or (d) the youth worker to whom the young person’s case has been assigned. Exclusion after adjudication or during review (3) A youth justice court, after it has found a young person guilty of an offence, or a youth justice court or a review board, during a review, may, in its discretion, exclude from the court or from a hearing of the review board any person other than the following, when it is being presented with information the knowledge of which might, in its opinion, be seriously injurious or seriously prejudicial to the young person: (a) the young person or his or her counsel; (b) the provincial director or his or her agent; (c) the youth worker to whom the young person’s case has been assigned; and (d) the Attorney General. Exception (4) The exception set out in paragraph (3)(a) is subject to subsection 34(9) (nondisclosure of medical or psychological report) of this Act and section 650 (accused to be present) of the Criminal Code .
Youth Criminal Justice Act — Y-1.5 133
Transfer of charges 133 Despite subsections 478(1) and (3) of the Criminal Code , a young person charged with an offence that is alleged to have been committed in one province may, if the Attorney General of the province consents, appear before a youth justice court of any other province and (a) if the young person pleads guilty to that offence and the youth justice court is satisfied that the facts support the charge, the court shall find the young person guilty of the offence alleged in the information or indictment; and (b) if the young person pleads not guilty to that offence, or pleads guilty but the court is not satisfied that the facts support the charge, the young person shall, if he or she was detained in custody prior to the appearance, be returned to custody and dealt with according to law.
Youth Criminal Justice Act — Y-1.5 134
Applications for forfeiture 134 Applications for the forfeiture of amounts set out in undertakings, release orders or recognizances binding young persons shall be made to the youth justice court. 2002, c. 1, s. 134 2019, c. 25, s. 380
Youth Criminal Justice Act — Y-1.5 135
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. 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. 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. Order may be filed (4) An order made under subsection (2) may be filed with the clerk of the superior court or, in the province of Quebec, the prothonotary and, if an order is filed, the clerk or the prothonotary shall issue a writ of fieri facias in Form 34 set out in the Criminal Code and deliver it to the sheriff of each of the territorial divisions in which any of the principal and his or her sureties resides, carries on business or has property. 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. 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. Sections 772 and 773 of Criminal Code apply (7) Sections 772 (levy under writ) and 773 (committal when writ not satisfied) of the Criminal Code apply in respect of writs of fieri facias issued under this section as if they were issued under section 771 (proceedings in case of default) of that Act. 2002, c. 1, s. 135 2019, c. 25, s. 381
Youth Criminal Justice Act — Y-1.5 136
Inducing a young person, etc. 136 (1) Every person who (a) induces or assists a young person to leave unlawfully a place of custody or other place in which the young person has been placed in accordance with a youth sentence or a disposition imposed under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, (b) unlawfully removes a young person from a place referred to in paragraph (a), (c) knowingly harbours or conceals a young person who has unlawfully left a place referred to in paragraph (a), (d) wilfully induces or assists a young person to breach or disobey a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, or (e) wilfully prevents or interferes with the performance by a young person of a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction. Absolute jurisdiction of provincial court judge (2) The jurisdiction of a provincial court judge to try an adult charged with an indictable offence under this section is absolute and does not depend on the consent of the accused.
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Failure to comply with sentence or disposition 137 Every person who is subject to a youth sentence imposed under any of paragraphs 42(2)(c) to (m) or (s) of this Act, to a victim fine surcharge ordered under subsection 53(2) of this Act or to a disposition made under any of paragraphs 20(1)(a.1) to (g), (j) or (l) of the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, and who wilfully fails or refuses to comply with that sentence, surcharge or disposition is guilty of an offence punishable on summary conviction.
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Offences 138 (1) Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or 46(1) (prohibition against disclosure) of the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction. Provincial court judge has absolute jurisdiction on indictment (2) The jurisdiction of a provincial court judge to try an adult charged with an offence under paragraph (1)(a) is absolute and does not depend on the consent of the accused.
Youth Criminal Justice Act — Y-1.5 139
Offence and punishment 139 (1) Every person who wilfully fails to comply with section 30 (designated place of temporary detention), or with an undertaking entered into under subsection 31(3) (condition of placement), (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction. Offence and punishment (2) Every person who wilfully fails to comply with section 7 (designated place of temporary detention) of the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, or with an undertaking entered into under subsection 7.1(2) (condition of placement) of that Act is guilty of an offence punishable on summary conviction. Punishment (3) Any person who uses or authorizes the use of an application form in contravention of subsection 82(3) (application for employment) is guilty of an offence punishable on summary conviction.