Youth Criminal Justice Act — Y-1.5 34
Medical or psychological assessment 34 (1) A youth justice court may, at any stage of proceedings against a young person, by order require that the young person be assessed by a qualified person who is required to report the results in writing to the court, (a) with the consent of the young person and the prosecutor; or (b) on its own motion or on application of the young person or the prosecutor, if the court believes a medical, psychological or psychiatric report in respect of the young person is necessary for a purpose mentioned in paragraphs (2)(a) to (g) and (i) the court has reasonable grounds to believe that the young person may be suffering from a physical or mental illness or disorder, a psychological disorder, an emotional disturbance, a learning disability or a mental disability, (ii) the young person’s history indicates a pattern of repeated findings of guilt under this Act or the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, or (iii) the young person is alleged to have committed a serious violent offence. Purpose of assessment (2) A youth justice court may make an order under subsection (1) in respect of a young person for the purpose of (a) considering an application under section 33 (release from or detention in custody); (b) making its decision on an application heard under section 71 (hearing — adult sentences); (c) making or reviewing a youth sentence; (d) considering an application under subsection 104(1) (continuation of custody); (e) setting conditions under subsection 105(1) (conditional supervision); (f) making an order under subsection 109(2) (conditional supervision); or (g) authorizing disclosure under subsection 127(1) (information about a young person). Custody for assessment (3) Subject to subsections (4) and (6), for the purpose of an assessment under this section, a youth justice court may remand a young person to any custody that it directs for a period not exceeding thirty days. Presumption against custodial remand (4) A young person shall not be remanded in custody in accordance with an order made under subsection (1) unless (a) the youth justice court is satisfied that (i) on the evidence custody is necessary to conduct an assessment of the young person, or (ii) on the evidence of a qualified person detention of the young person in custody is desirable to conduct the assessment of the young person, and the young person consents to custody; or (b) the young person is required to be detained in custody in respect of any other matter or by virtue of any provision of the Criminal Code . Report of qualified person in writing (5) For the purposes of paragraph (4)(a), if the prosecutor and the young person agree, evidence of a qualified person may be received in the form of a report in writing. Application to vary assessment order if circumstances change (6) A youth justice court may, at any time while an order made under subsection (1) is in force, on cause being shown, vary the terms and conditions specified in the order in any manner that the court considers appropriate in the circumstances. Disclosure of report (7) When a youth justice court receives a report made in respect of a young person under subsection (1), (a) the court shall, subject to subsection (9), 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) the court may cause a copy of the report to be given to (i) 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, or (ii) despite subsection 119(6) (restrictions 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 s