Youth Criminal Justice Act — Y-1.5 119
to account in determining any period referred to in subsection (2). Extrajudicial measures (4) Access to a record kept under section 115 or 116 in respect of extrajudicial measures, other than extrajudicial sanctions, used in respect of a young person shall 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 whether to again use extrajudicial measures in respect of the young person; (b) a person participating in a conference, in order to decide on the appropriate extrajudicial measure; (c) a peace officer, the Attorney General or a person participating in a conference, if access is required for the administration of the case to which the record relates; and (d) a peace officer for the purpose of investigating an offence. Exception (5) When a youth justice court has withheld all or part of a report from any person under subsection 34(9) or (10) (nondisclosure of medical or psychological report) or 40(7) (nondisclosure of pre-sentence report), that person shall not be given access under subsection (1) to that report or part. Records of assessments or forensic DNA analysis (6) Access to a report made under section 34 (medical and psychological reports) or a record of the results of forensic DNA analysis of a bodily substance taken from a young person in execution of a warrant issued under section 487.05 of the Criminal Code may be given only under paragraphs (1)(a) to (c), (e) to (h) and (q) and subparagraph (1)(s)(ii). Introduction into evidence (7) Nothing in paragraph (1)(h) or (q) authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence. Disclosures for research or statistical purposes (8) When access to a record is given to a person under paragraph (1)(p) or subparagraph (1)(s)(i), the 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. Application of usual rules (9) If, during the period of access to a record under any of paragraphs (2)(g) to (j), the young person is convicted of an offence committed when he or she is an adult, (a) section 82 (effect of absolute discharge or termination of youth sentence) does not apply to the young person in respect of the offence for which the record is kept under sections 114 to 116; (b) this Part no longer applies to the record and the record shall be dealt with as a record of an adult; and (c) 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. Records of offences that result in a prohibition order (10) Despite anything in this Act, when a young person is found guilty of an offence that results in a prohibition order being made, and the order is still in force at the end of the applicable period for which access to a record kept in respect of the order may be given under subsection (2), (a) the record kept by the Royal Canadian Mounted Police pursuant to subsection 115(3) may be disclosed only to establish the existence of the order for purposes of law enforcement; and (b) the record referred to in section 114 that is kept by the youth justice court may be disclosed only to establish the existence of the order in any offence involving a breach of the order. 2002, c. 1, s. 119; 2012, c. 1, ss. 157, 191(F) 2019, c. 13, s. 167