Youth Criminal Justice Act — Y-1.5 141
Sections of Criminal Code applicable 141 (1) Except to the extent that they are inconsistent with or excluded by this Act, section 16 (defence of mental disorder) and Part XX.1 (mental disorder) of the Criminal Code apply, with any modifications that the circumstances require, in respect of proceedings under this Act in relation to offences alleged to have been committed by young persons. Notice and copies to counsel and parents (2) For the purposes of subsection (1), (a) wherever in Part XX.1 (mental disorder) of the Criminal Code a reference is made to a copy to be sent or otherwise given to an accused or a party to the proceedings, the reference shall be read as including a reference to a copy to be sent or otherwise given to (i) any counsel representing the young person, (ii) a parent of the young person who is in attendance at the proceedings against the young person, and (iii) a parent of the young person not in attendance at the proceedings who is, in the opinion of the youth justice court or Review Board, taking an active interest in the proceedings; and (b) wherever in Part XX.1 (mental disorder) of the Criminal Code a reference is made to notice to be given to an accused or a party to proceedings, the reference shall be read as including a reference to notice to be given to a parent of the young person and any counsel representing the young person. Proceedings not invalid (3) Subject to subsection (4), failure to give a notice referred to in paragraph (2)(b) to a parent of a young person does not affect the validity of proceedings under this Act. Exception (4) Failure to give a notice referred to in paragraph (2)(b) to a parent of a young person in any case renders invalid any subsequent proceedings under this Act relating to the case unless (a) a parent of the young person attends at the court or Review Board with the young person; or (b) a youth justice court judge or Review Board before whom proceedings are held against the young person (i) adjourns the proceedings and orders that the notice be given in the manner and to the persons that the judge or Review Board directs, or (ii) dispenses with the notice if the youth justice court or Review Board is of the opinion that, having regard to the circumstances, the notice may be dispensed with. (5) [Repealed, 2005, c. 22, s. 63] Considerations of court or Review Board making a disposition (6) Before making or reviewing a disposition in respect of a young person under Part XX.1 (mental disorder) of the Criminal Code , a youth justice court or Review Board shall consider the age and special needs of the young person and any representations or submissions made by a parent of the young person. (7) to (9) [Repealed, 2005, c. 22, s. 63] Prima facie case to be made every year (10) For the purpose of applying subsection 672.33(1) (fitness to stand trial) of the Criminal Code to proceedings under this Act in relation to an offence alleged to have been committed by a young person, wherever in that subsection a reference is made to two years, there shall be substituted a reference to one year. Designation of hospitals for young persons (11) A reference in Part XX.1 (mental disorder) of the Criminal Code to a hospital in a province shall be construed as a reference to a hospital designated by the Minister of Health for the province for the custody, treatment or assessment of young persons. Definition of Review Board (12) In this section, Review Board has the meaning assigned by section 672.1 of the Criminal Code . 2002, c. 1, s. 141; 2005, c. 22, s. 63