GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Youth Criminal Justice Act — Y-1.5 27
Order requiring attendance of parent 27 (1) If a parent does not attend proceedings held before a youth justice court in respect of a young person, the court may, if in its opinion the presence of the parent is necessary or in the best interests of the young person, by order in writing require the parent to attend at any stage of the proceedings. No order in ticket proceedings (2) Subsection (1) does not apply in proceedings commenced by filing a ticket under the Contraventions Act . Service of order (3) A copy of the order shall be served by a peace officer or by a person designated by a youth justice court by delivering it personally to the parent to whom it is directed, unless the youth justice court authorizes service by confirmed delivery service. Failure to attend (4) A parent who is ordered to attend a youth justice court under subsection (1) and who fails without reasonable excuse, the proof of which lies on the parent, to comply with the order (a) is guilty of contempt of court; (b) may be dealt with summarily by the court; and (c) is liable to the punishment provided for in the Criminal Code for a summary conviction offence. Warrant to arrest parent (5) If a parent who is ordered to attend a youth justice court under subsection (1) does not attend when required by the order or fails to remain in attendance as required and it is proved that a copy of the order was served on the parent, a youth justice court may issue a warrant to compel the attendance of the parent.
Youth Criminal Justice Act — Y-1.5 28
Application of Part XVI of Criminal Code 28 Except to the extent that they are inconsistent with or excluded by this Act, the provisions of Part XVI (compelling appearance of an accused and interim release) of the Criminal Code apply to the detention and release of young persons under this Act.
Youth Criminal Justice Act — Y-1.5 28.1
Substitute for social measures prohibited 28.1 A peace officer, youth justice court judge or justice shall not detain a young person in custody, or impose a condition in respect of a young person’s release by including it in an undertaking or release order, as a substitute for appropriate child protection, mental health or other social measures. 2019, c. 25, s. 367
Youth Criminal Justice Act — Y-1.5 29
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 (4.2) of the Criminal Code in respect of a release order only if they are satisfied that (a) the condition is necessary to ensure the young person’s attendance in court or for the protection or safety of the public, including any victim of or witness to the offence; (b) the condition is reasonable having regard to the circumstances of the offending behaviour; and (c) the young person will reasonably be able to comply with the condition. Justification for detention in custody (2) A youth justice court judge or a justice may order that a young person be detained in custody only if (a) the young person has been charged with (i) a serious offence, or (ii) an offence other than a serious offence, if they have a history that indicates a pattern of either outstanding charges or findings of guilt; (b) the judge or justice is satisfied, on a balance of probabilities, (i) that there is a substantial likelihood that, before being dealt with according to law, the young person will not appear in court when required by law to do so, (ii) that detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, having regard to all the circumstances, including a substantial likelihood that the young person will, if released from custody, commit a serious offence, or (iii) in the case where the young person has been charged with a serious offence and detention is not justified under subparagraph (i) or (ii), that there are exceptional circumstances that warrant detention and that detention is necessary to maintain confidence in the administration of justice, having regard to the principles set out in section 3 and to all the circumstances, including (A) the apparent strength of the prosecution’s case, (B) the gravity of the offence, (C) the circumstances surrounding the commission of the offence, including whether a firearm was used, and (D) the fact that the young person is liable, on being found guilty, for a potentially lengthy custodial sentence; and (c) the judge or justice is satisfied, on a balance of probabilities, that no condition or combination of conditions of release would, depending on the justification on which the judge or justice relies under paragraph (b), (i) reduce, to a level below substantial, the likelihood that the young person would not appear in court when required by law to do so, (ii) offer adequate protection to the public from the risk that the young person might otherwise present, or (iii) maintain confidence in the administration of justice. Onus (3) The onus of satisfying the youth justice court judge or the justice as to the matters referred to in subsection (2) is on the Attorney General. 2002, c. 1, s. 29; 2012, c. 1, s. 169 2019, c. 13, s. 163 2019, c. 25, s. 368
Youth Criminal Justice Act — Y-1.5 30.1
Review of detention — 30-day period 30.1 For the purposes of section 525 of the Criminal Code with respect to a young person who has been charged with an offence for which they are being prosecuted in proceedings by way of summary conviction, every reference in that provision to “90 days” or “90-day” is to be read and construed as a reference to “30 days” or “30-day” respectively. 2019, c. 25, s. 369
Youth Criminal Justice Act — Y-1.5 31
Placement of young person in care of responsible person 31 (1) A young person who has been arrested may be placed in the care of a responsible person instead of being detained in custody if a youth justice court or a justice is satisfied that (a) the young person would, but for this subsection, be detained in custody under section 515 (judicial interim release) of the Criminal Code ; (b) the person is willing and able to take care of and exercise control over the young person; and (c) the young person is willing to be placed in the care of that person. Inquiry as to availability of a responsible person (2) If a young person would, in the absence of a responsible person, be detained in custody, the youth justice court or the justice shall inquire as to the availability of a responsible person and whether the young person is willing to be placed in that person’s care. Condition of placement (3) A young person shall not be placed in the care of a person under subsection (1) unless (a) that person undertakes in writing to take care of and to be responsible for the attendance of the young person in court when required and to comply with any other conditions that the youth justice court judge or the justice may specify; and (b) the young person undertakes in writing to comply with the arrangement and to comply with any other conditions that the youth justice court judge or the justice may specify. Removing young person from care (4) A young person, a person in whose care a young person has been placed or any other person may, by application in writing to a youth justice court judge or a justice, apply for an order under subsection (5) if (a) the person in whose care the young person has been placed is no longer willing or able to take care of or exercise control over the young person; or (b) it is, for any other reason, no longer appropriate that the young person remain in the care of the person with whom he or she has been placed. Order (5) When a youth justice court judge or a justice is satisfied that a young person should not remain in the custody of the person in whose care he or she was placed under subsection (1), the judge or justice shall (a) make an order relieving the person and the young person of the obligations undertaken under subsection (3); and (b) issue a warrant for the arrest of the young person. Effect of arrest (6) If a young person is arrested in accordance with a warrant issued under paragraph (5)(b), the young person shall be taken before a youth justice court judge or a justice without delay and dealt with under this section and sections 28 to 30.
Youth Criminal Justice Act — Y-1.5 32
Appearance before judge or justice 32 (1) A young person against whom an information or indictment is laid must first appear before a youth justice court judge or a justice, and the judge or justice shall (a) cause the information or indictment to be read to the young person; (b) if the young person is not represented by counsel, inform the young person of the right to retain and instruct counsel; and (c) if notified under subsection 64(2) (intention to seek adult sentence) or if section 16 (status of accused uncertain) applies, inform the young person that the youth justice court might, if the young person is found guilty, order that an adult sentence be imposed. (d) [Repealed, 2012, c. 1, s. 170] Waiver (2) A young person may waive the requirements of subsection (1) if the young person is represented by counsel and counsel advises the court that the young person has been informed of that provision. Young person not represented by counsel (3) When a young person is not represented by counsel, the youth justice court, before accepting a plea, shall (a) satisfy itself that the young person understands the charge; (b) if the young person is liable to an adult sentence, explain to the young person the consequences of being liable to an adult sentence and the procedure by which the young person may apply for an order that a youth sentence be imposed; and (c) explain that the young person may plead guilty or not guilty to the charge or, if subsection 67(1) (election of court for trial — adult sentence) or (3) (election of court for trial in Nunavut — adult sentence) applies, explain that the young person may elect to be tried by a youth justice court judge without a jury and without having a preliminary inquiry, or to have a preliminary inquiry and be tried by a judge without a jury, or to have a preliminary inquiry and be tried by a court composed of a judge and jury and, in either of the latter two cases, a preliminary inquiry will only be conducted if requested by the young person or the prosecutor. If youth justice court not satisfied (4) If the youth justice court is not satisfied that a young person understands the charge, the court shall, unless the young person must be put to his or her election under subsection 67(1) (election of court for trial — adult sentence) or, with respect to Nunavut, subsection 67(3) (election of court for trial in Nunavut — adult sentence), enter a plea of not guilty on behalf of the young person and proceed with the trial in accordance with subsection 36(2) (young person pleads not guilty). If youth justice court not satisfied (5) If the youth justice court is not satisfied that a young person understands the matters set out in subsection (3), the court shall direct that the young person be represented by counsel. 2002, c. 1, s. 32, c. 13, s. 91; 2012, c. 1, s. 170
Youth Criminal Justice Act — Y-1.5 33
Application for release from or detention in custody 33 (1) If an order is made under section 515 (judicial interim release) of the Criminal Code in respect of a young person by a justice who is not a youth justice court judge, an application may, at any time after the order is made, be made to a youth justice court for the release from or detention in custody of the young person, as the case may be, and the youth justice court shall hear the matter as an original application. Notice to prosecutor (2) An application under subsection (1) for release from custody shall not be heard unless the young person has given the prosecutor at least two clear days notice in writing of the application. Notice to young person (3) An application under subsection (1) for detention in custody shall not be heard unless the prosecutor has given the young person at least two clear days notice in writing of the application. Waiver of notice (4) The requirement for notice under subsection (2) or (3) may be waived by the prosecutor or by the young person or his or her counsel, as the case may be. Application for review under section 520 or 521 of Criminal Code (5) An application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth justice court judge who is a judge of a superior court shall be made to a judge of the court of appeal. Nunavut (6) Despite subsection (5), an application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth justice court judge who is a judge of the Nunavut Court of Justice shall be made to a judge of that court. No review (7) No application may be made under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a justice who is not a youth justice court judge. Interim release by youth justice court judge only (8) If a young person against whom proceedings have been taken under this Act is charged with an offence referred to in section 522 of the Criminal Code , a youth justice court judge, but no other court, judge or justice, may release the young person from custody under that section. Review by court of appeal (9) A decision made by a youth justice court judge under subsection (8) may be reviewed in accordance with section 680 of the Criminal Code and that section applies, with any modifications that the circumstances require, to any decision so made.
Youth Criminal Justice Act — Y-1.5 34
ns respecting access to certain records), the provincial director, or the director of the provincial correctional facility for adults or the penitentiary at which the young person is serving a youth sentence, if, in the opinion of the court, withholding the report would jeopardize the safety of any person. Cross-examination (8) When a report is made in respect of a young person under subsection (1), the young person, his or her counsel or the adult assisting the young person under subsection 25(7) and the prosecutor shall, subject to subsection (9), on application to the youth justice court, be given an opportunity to cross-examine the person who made the report. Non-disclosure in certain cases (9) A youth justice court shall withhold all or part of a report made in respect of a young person under subsection (1) from a private prosecutor, if disclosure of the report or part, in the opinion of the court, is not necessary for the prosecution of the case and might be prejudicial to the young person. Non-disclosure in certain cases (10) A youth justice court shall withhold all or part of a report made in respect of a young person under subsection (1) from the young person, the young person’s parents or a private prosecutor if the court is satisfied, on the basis of the report or evidence given in the absence of the young person, parents or private prosecutor by the person who made the report, that disclosure of the report or part would seriously impair the treatment or recovery of the young person, or would be likely to endanger the life or safety of, or result in serious psychological harm to, another person. Exception — interests of justice (11) Despite subsection (10), the youth justice court may release all or part of the report to the young person, the young person’s parents or the private prosecutor if the court is of the opinion that the interests of justice make disclosure essential. Report to be part of record (12) A report made under subsection (1) forms part of the record of the case in respect of which it was requested. Disclosure by qualified person (13) Despite any other provision of this Act, a qualified person who is of the opinion that a young person held in detention or committed to custody is likely to endanger his or her own life or safety or to endanger the life of, or cause bodily harm to, another person may immediately so advise any person who has the care and custody of the young person whether or not the same information is contained in a report made under subsection (1). Definition of qualified person (14) In this section, qualified person means a person duly qualified by provincial law to practice medicine or psychiatry or to carry out psychological examinations or assessments, as the circumstances require, or, if no such law exists, a person who is, in the opinion of the youth justice court, so qualified, and includes a person or a member of a class of persons designated by the lieutenant governor in council of a province or his or her delegate.
Youth Criminal Justice Act — Y-1.5 35
Referral to child welfare agency 35 In addition to any order that it is authorized to make, a youth justice court may, at any stage of proceedings against a young person, refer the young person to a child welfare agency for assessment to determine whether the young person is in need of child welfare services.
Youth Criminal Justice Act — Y-1.5 36
When young person pleads guilty 36 (1) If a young person pleads guilty to an offence charged against the young person and the youth justice court is satisfied that the facts support the charge, the court shall find the young person guilty of the offence. When young person pleads not guilty (2) If a young person charged with an offence pleads not guilty to the offence or pleads guilty but the youth justice court is not satisfied that the facts support the charge, the court shall proceed with the trial and shall, after considering the matter, find the young person guilty or not guilty or make an order dismissing the charge, as the case may be.
Youth Criminal Justice Act — Y-1.5 38
Purpose 38 (1) The purpose of sentencing under section 42 (youth sentences) is to hold a young person accountable for an offence through the imposition of just sanctions that have meaningful consequences for the young person and that promote his or her rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public. Sentencing principles (2) A youth justice court that imposes a youth sentence on a young person shall determine the sentence in accordance with the principles set out in section 3 and the following principles: (a) the sentence must not result in a punishment that is greater than the punishment that would be appropriate for an adult who has been convicted of the same offence committed in similar circumstances; (b) the sentence must be similar to the sentences imposed in the region on similar young persons found guilty of the same offence committed in similar circumstances; (c) the sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the young person for that offence; (d) all available sanctions other than custody that are reasonable in the circumstances should be considered for all young persons, with particular attention to the circumstances of aboriginal young persons; (e) subject to paragraph (c), the sentence must (i) be the least restrictive sentence that is capable of achieving the purpose set out in subsection (1), (ii) be the one that is most likely to rehabilitate the young person and reintegrate him or her into society, and (iii) promote a sense of responsibility in the young person, and an acknowledgement of the harm done to victims and the community; (e.1) if this Act provides that a youth justice court may impose conditions as part of the sentence, a condition may be imposed only if (i) the imposition of the condition is necessary to achieve the purpose set out in subsection 38 (1), (ii) the young person will reasonably be able to comply with the condition, and (iii) the condition is not used as a substitute for appropriate child protection, mental health or other social measures; and (f) subject to paragraph (c), the sentence may have the following objectives: (i) to denounce unlawful conduct, and (ii) to deter the young person from committing offences. Factors to be considered (3) In determining a youth sentence, the youth justice court shall take into account (a) the degree of participation by the young person in the commission of the offence; (b) the harm done to victims and whether it was intentional or reasonably foreseeable; (c) any reparation made by the young person to the victim or the community; (d) the time spent in detention by the young person as a result of the offence; (e) the previous findings of guilt of the young person; and (f) any other aggravating and mitigating circumstances related to the young person or the offence that are relevant to the purpose and principles set out in this section. 2002, c. 1, s. 38; 2012, c. 1, s. 172 2019, c. 25, s. 371
Youth Criminal Justice Act — Y-1.5 40
oung person is submitted to a youth justice court in writing, the court (a) shall, subject to subsection (7), cause a copy of the report to be given to (i) the young person, (ii) any parent of the young person who is in attendance at the proceedings against the young person, (iii) any counsel representing the young person, and (iv) the prosecutor; and (b) may cause a copy of the report 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. Cross-examination (6) If a pre-sentence report made in respect of a young person is submitted to a youth justice court, the young person, his or her counsel or the adult assisting the young person under subsection 25(7) and the prosecutor shall, subject to subsection (7), on application to the court, be given the opportunity to cross-examine the person who made the report. Report may be withheld from private prosecutor (7) If a pre-sentence report made in respect of a young person is submitted to a youth justice court, the court may, when the prosecutor is a private prosecutor and disclosure of all or part of the report to the prosecutor might, in the opinion of the court, be prejudicial to the young person and is not, in the opinion of the court, necessary for the prosecution of the case against the young person, (a) withhold the report or part from the prosecutor, if the report is submitted in writing; or (b) exclude the prosecutor from the court during the submission of the report or part, if the report is submitted orally in court. Report disclosed to other persons (8) If a pre-sentence report made in respect of a young person is submitted to a youth justice court, the court (a) shall, on request, cause a copy or a transcript of the report to be supplied to (i) any court that is dealing with matters relating to the young person, and (ii) any youth worker to whom the young person’s case has been assigned; and (b) may, on request, cause a copy or a transcript of all or part of the report to be supplied to any person not otherwise authorized under this section to receive a copy or a transcript of the report if, in the opinion of the court, the person has a valid interest in the proceedings. Disclosure by the provincial director (9) A provincial director who submits a pre-sentence report made in respect of a young person to a youth justice court may make all or part of the report available to any person in whose custody or under whose supervision the young person is placed or to any other person who is directly assisting in the care or treatment of the young person. Inadmissibility of statements (10) No statement made by a young person in the course of the preparation of a pre-sentence report in respect of the young person is admissible in evidence against any young person in civil or criminal proceedings except those under section 42 (youth sentences), 59 (review of non-custodial sentence) or 71 (hearing — adult sentences) or any of sections 94 to 96 (reviews and other proceedings related to custodial sentences).
Youth Criminal Justice Act — Y-1.5 41
Recommendation of conference 41 When a youth justice court finds a young person guilty of an offence, the court may convene or cause to be convened a conference under section 19 for recommendations to the court on an appropriate youth sentence.