GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Youth Criminal Justice Act — Y-1.5 71
Hearing — adult sentences 71 The youth justice court shall, at the commencement of the sentencing hearing, hold a hearing in respect of an application under subsection 64(1) (application for adult sentence), unless the court has received notice that the application is not opposed. Both parties and the parents of the young person shall be given an opportunity to be heard at the hearing. 2002, c. 1, s. 71; 2012, c. 1, s. 182
Youth Criminal Justice Act — Y-1.5 72
Order of adult sentence 72 (1) The youth justice court shall order that an adult sentence be imposed if it is satisfied that (a) the presumption of diminished moral blameworthiness or culpability of the young person is rebutted; and (b) a youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not be of sufficient length to hold the young person accountable for his or her offending behaviour. Order of youth sentence (1.1) If the youth justice court is not satisfied that an order should be made under subsection (1), it shall order that the young person is not liable to an adult sentence and that a youth sentence must be imposed. Onus (2) The onus of satisfying the youth justice court as to the matters referred to in subsection (1) is on the Attorney General. Pre-sentence report (3) In making an order under subsection (1) or (1.1), the youth justice court shall consider the pre-sentence report. Court to state reasons (4) When the youth justice court makes an order under this section, it shall state the reasons for its decision. Appeal (5) For the purposes of an appeal in accordance with section 37, an order under subsection (1) or (1.1) is part of the sentence. 2002, c. 1, s. 72; 2012, c. 1, s. 183
Youth Criminal Justice Act — Y-1.5 73
Court must impose adult sentence 73 (1) When the youth justice court makes an order under subsection 72(1) in respect of a young person, the court shall, on a finding of guilt, impose an adult sentence on the young person. Court must impose youth sentence (2) When the youth justice court makes an order under subsection 72(1.1) in respect of a young person, the court shall, on a finding of guilt, impose a youth sentence on the young person. 2002, c. 1, s. 73; 2012, c. 1, s. 184
Youth Criminal Justice Act — Y-1.5 74
Application of Parts XXIII and XXIV of Criminal Code 74 (1) Parts XXIII (sentencing) and XXIV (dangerous and long-term offenders) of the Criminal Code apply to a young person in respect of whom the youth justice court has ordered that an adult sentence be imposed. Finding of guilt becomes a conviction (2) A finding of guilt for an offence in respect of which an adult sentence is imposed becomes a conviction 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. Interpretation (3) This section does not affect the time of commencement of an adult sentence under subsection 719(1) of the Criminal Code .
Youth Criminal Justice Act — Y-1.5 76
Placement when subject to adult sentence 76 (1) Subject to subsections (2) and (9) and sections 79 and 80 and despite anything else in this Act or any other Act of Parliament, when a young person who is subject to an adult sentence in respect of an offence is sentenced to a term of imprisonment for the offence, the youth justice court shall order that the young person serve any portion of the imprisonment in (a) a youth custody facility separate and apart from any adult who is detained or held in custody; (b) a provincial correctional facility for adults; or (c) if the sentence is for two years or more, a penitentiary. Young person under age of 18 (2) No young person who is under the age of 18 years is to serve any portion of the imprisonment in a provincial correctional facility for adults or a penitentiary. Opportunity to be heard (3) Before making an order under subsection (1), the youth justice court shall give the young person, a parent of the young person, the Attorney General, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard. Report (4) Before making an order under subsection (1), the youth justice court may require that a report be prepared for the purpose of assisting the court. Appeals (5) For the purposes of an appeal in accordance with section 37, an order under subsection (1) is part of the sentence. Review (6) On application, the youth justice court shall review the placement of a young person under this section and, if satisfied that the circumstances that resulted in the initial order have changed materially, and after having given the young person, a parent of the young person, the Attorney General, the provincial director and the representatives of the provincial and federal correctional systems an opportunity to be heard, the court may order that the young person be placed in (a) a youth custody facility separate and apart from any adult who is detained or held in custody; (b) a provincial correctional facility for adults; or (c) if the sentence is for two years or more, a penitentiary. Who may make application (7) An application referred to in this section may be made by the young person, one of the young person’s parents, the provincial director, representatives of the provincial and federal correctional systems and the Attorney General, after the time for all appeals has expired. Notice (8) When an application referred to in this section is made, the applicant shall cause a notice of the application to be given to the other persons referred to in subsection (7). Limit — age twenty (9) No young person shall remain in a youth custody facility under this section after the young person attains the age of twenty years, unless the youth justice court that makes the order under subsection (1) or reviews the placement under subsection (6) is satisfied that remaining in the youth custody facility would be in the best interests of the young person and would not jeopardize the safety of others. 2002, c. 1, s. 76; 2012, c. 1, s. 186 2019, c. 25, s. 378
Youth Criminal Justice Act — Y-1.5 77
Obligation to inform — parole 77 (1) When a young person is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence), the provincial director shall inform the appropriate parole board. Applicability of Corrections and Conditional Release Act (2) For greater certainty, Part II of the Corrections and Conditional Release Act applies, subject to section 78, with respect to a young person who is the subject of an order under subsection 76(1) (placement when subject to adult sentence). Appropriate parole board (3) The appropriate parole board for the purposes of this section is (a) if subsection 112(1) of the Corrections and Conditional Release Act would apply with respect to the young person but for the fact that the young person was ordered into a youth custody facility, the parole board mentioned in that subsection; and (b) in any other case, the Parole Board of Canada. 2002, c. 1, s. 77; 2012, c. 1, s. 160
Youth Criminal Justice Act — Y-1.5 78
Release entitlement 78 (1) For greater certainty, section 6 of the Prisons and Reformatories Act applies to a young person who is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) only if section 743.1 (rules respecting sentences of two or more years) of the Criminal Code would direct that the young person serve the sentence in a prison. Release entitlement (2) For greater certainty, section 127 of the Corrections and Conditional Release Act applies to a young person who is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) only if section 743.1 (rules respecting sentences of two or more years) of the Criminal Code would direct that the young person serve the sentence in a penitentiary.
Youth Criminal Justice Act — Y-1.5 79
If person convicted under another Act 79 If a person who is serving all or a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) is sentenced to a term of imprisonment under an Act of Parliament other than this Act, the remainder of the portion of the sentence being served in the youth custody facility shall be served in a provincial correctional facility for adults or a penitentiary, in accordance with section 743.1 (rules respecting sentences of two or more years) of the Criminal Code .
Youth Criminal Justice Act — Y-1.5 80
If person who is serving a sentence under another Act is sentenced to an adult sentence 80 If a person who has been serving a sentence of imprisonment under an Act of Parliament other than this Act is sentenced to an adult sentence of imprisonment under this Act, the sentences shall be served in a provincial correctional facility for adults or a penitentiary, in accordance with section 743.1 (rules respecting sentences of two or more years) of the Criminal Code .
Youth Criminal Justice Act — Y-1.5 81
Procedure for application or notice 81 An application or a notice to the court under section 64 or 76 must be made or given orally, in the presence of the other party, or in writing with a copy served personally on the other party. 2002, c. 1, s. 81; 2012, c. 1, s. 187
Youth Criminal Justice Act — Y-1.5 82
Effect of absolute discharge or termination of youth sentence 82 (1) Subject to section 12 (examination as to previous convictions) of the Canada Evidence Act , if a young person is found guilty of an offence, and a youth justice court directs under paragraph 42(2)(b) that the young person be discharged absolutely, or the youth sentence, or any disposition made under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, has ceased to have effect, other than an order under section 51 (mandatory prohibition order) of this Act or section 20.1 (mandatory prohibition order) of the Young Offenders Act , the young person is deemed not to have been found guilty or convicted of the offence except that (a) the young person may plead autrefois convict in respect of any subsequent charge relating to the offence; (b) a youth justice court may consider the finding of guilt in considering an application under subsection 64(1) (application for adult sentence); (c) any court or justice may consider the finding of guilt in considering an application for judicial interim release or in considering what sentence to impose for any offence; and (d) the Parole Board of Canada or any provincial parole board may consider the finding of guilt in considering an application for conditional release or for a record suspension under the Criminal Records Act . Disqualifications removed (2) For greater certainty and without restricting the generality of subsection (1), an absolute discharge under paragraph 42(2)(b) or the termination of the youth sentence or disposition in respect of an offence for which a young person is found guilty removes any disqualification in respect of the offence to which the young person is subject under any Act of Parliament by reason of a finding of guilt. Applications for employment (3) No application form for or relating to the following shall contain any question that by its terms requires the applicant to disclose that he or she has been charged with or found guilty of an offence in respect of which he or she has, under this Act or the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, been discharged absolutely, or has completed the youth sentence under this Act or the disposition under the Young Offenders Act : (a) employment in any department, as defined in section 2 of the Financial Administration Act ; (b) employment by any Crown corporation, as defined in section 83 of the Financial Administration Act ; (c) enrolment in the Canadian Forces; or (d) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament. Finding of guilt not a previous conviction (4) A finding of guilt under this Act is not a previous conviction for the purposes of any offence under any Act of Parliament for which a greater punishment is prescribed by reason of previous convictions, except for (a) [Repealed, 2012, c. 1, s. 188] (b) the purpose of determining the adult sentence to be imposed. 2002, c. 1, s. 82; 2012, c. 1, ss. 156, 160, 188
Youth Criminal Justice Act — Y-1.5 83
Purpose 83 (1) The purpose of the youth custody and supervision system is to contribute to the protection of society by (a) carrying out sentences imposed by courts through the safe, fair and humane custody and supervision of young persons; and (b) assisting young persons to be rehabilitated and reintegrated into the community as law-abiding citizens, by providing effective programs to young persons in custody and while under supervision in the community. Principles to be used (2) In addition to the principles set out in section 3, the following principles are to be used in achieving that purpose: (a) that the least restrictive measures consistent with the protection of the public, of personnel working with young persons and of young persons be used; (b) that young persons sentenced to custody retain the rights of other young persons, except the rights that are necessarily removed or restricted as a consequence of a sentence under this Act or another Act of Parliament; (c) that the youth custody and supervision system facilitate the involvement of the families of young persons and members of the public; (d) that custody and supervision decisions be made in a forthright, fair and timely manner, and that young persons have access to an effective review procedure; and (e) that placements of young persons where they are treated as adults not disadvantage them with respect to their eligibility for and conditions of release.
Youth Criminal Justice Act — Y-1.5 84
Young person to be held apart from adults 84 Subject to subsection 30(3) (pre-trial detention), paragraphs 76(1)(b) and (c) (placement in adult facilities with adult sentence) and sections 89 to 93 (placement in adult facilities with youth sentence), a young person who is committed to custody shall be held separate and apart from any adult who is detained or held in custody.
Youth Criminal Justice Act — Y-1.5 85
Levels of custody 85 (1) In the youth custody and supervision system in each province there must be at least two levels of custody for young persons distinguished by the degree of restraint of the young persons in them. Designation of youth custody facilities (2) Every youth custody facility in a province that contains one or more levels of custody shall be designated by (a) in the case of a youth custody facility with only one level of custody, being the level of custody with the least degree of restraint of the young persons in it, the lieutenant governor in council or his or her delegate; and (b) in any other case, the lieutenant governor in council. Provincial director to specify custody level — committal to custody (3) The provincial director shall, when a young person is committed to custody under paragraph 42(2)(n), (o), (q) or (r) or an order is made under subsection 98(3), paragraph 103(2)(b), subsection 104(1) or paragraph 109(2)(b), determine the level of custody appropriate for the young person, after having taken into account the factors set out in subsection (5). Provincial director to specify custody level — transfer (4) The provincial director may determine a different level of custody for the young person when the provincial director is satisfied that the needs of the young person and the interests of society would be better served by doing so, after having taken into account the factors set out in subsection (5). Factors (5) The factors referred to in subsections (3) and (4) are (a) that the appropriate level of custody for the young person is the one that is the least restrictive to the young person, having regard to (i) the seriousness of the offence in respect of which the young person was committed to custody and the circumstances in which that offence was committed, (ii) the needs and circumstances of the young person, including proximity to family, school, employment and support services, (iii) the safety of other young persons in custody, and (iv) the interests of society; (b) that the level of custody should allow for the best possible match of programs to the young person’s needs and behaviour, having regard to the findings of any assessment in respect of the young person; and (c) the likelihood of escape. Placement and transfer at appropriate level (6) After the provincial director has determined the appropriate level of custody for the young person under subsection (3) or (4), the young person shall be placed in the youth custody facility that contains that level of custody specified by the provincial director. Notice (7) The provincial director shall cause a notice in writing of a determination under subsection (3) or (4) to be given to the young person and a parent of the young person and set out in that notice the reasons for it.
Youth Criminal Justice Act — Y-1.5 86
Procedural safeguards 86 (1) The lieutenant governor in council of a province shall ensure that procedures are in place to ensure that the due process rights of the young person are protected with respect to a determination made under subsection 85(3) or (4), including that the young person be (a) provided with any relevant information to which the provincial director has access in making the determination, subject to subsection (2); (b) given the opportunity to be heard; and (c) informed of any right to a review under section 87. Withholding of information (2) Where the provincial director has reasonable grounds to believe that providing the information referred to in paragraph (1)(a) would jeopardize the safety of any person or the security of a facility, he or she may authorize the withholding from the young person of as much information as is strictly necessary in order to protect such safety or security.
Youth Criminal Justice Act — Y-1.5 87
Review 87 (1) A young person may apply for a review under this section of a determination (a) under subsection 85(3) that would place the young person in a facility at a level of custody that has more than a minimal degree of restraint; or (b) under subsection 85(4) that would transfer a young person to a facility at a level of custody with a higher degree of restraint or increase the degree of restraint of the young person in the facility. Procedural safeguards (2) The lieutenant governor in council of a province shall ensure that procedures are in place for the review under subsection (1), including that (a) the review board that conducts the review be independent; (b) the young person be provided with any relevant information to which the review board has access, subject to subsection (3); and (c) the young person be given the opportunity to be heard. Withholding of information (3) Where the review board has reasonable grounds to believe that providing the information referred to in paragraph (2)(b) would jeopardize the safety of any person or the security of a facility, it may authorize the withholding from the young person of as much information as is strictly necessary in order to protect such safety or security. Factors (4) The review board shall take into account the factors referred to in subsection 85(5) in reviewing a determination. Decision is final (5) A decision of the review board under this section in respect of a particular determination is final.
Youth Criminal Justice Act — Y-1.5 88
Functions to be exercised by youth justice court 88 The lieutenant governor in council of a province may order that the power to make determinations of the level of custody for young persons and to review those determinations be exercised in accordance with the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985. The following provisions of that Act apply, with any modifications that the circumstances require, to the exercise of those powers: (a) the definitions review board and progress report in subsection 2(1); (b) section 11; (c) sections 24.1 to 24.3; and (d) sections 28 to 31.
Youth Criminal Justice Act — Y-1.5 89
Exception if young person is twenty years old or older 89 (1) When a young person is twenty years old or older at the time the youth sentence is imposed on him or her under paragraph 42(2)(n), (o), (q) or (r), the young person shall, despite section 85, be committed to a provincial correctional facility for adults to serve the youth sentence. If serving youth sentence in a provincial correctional facility (2) If a young person is serving a youth sentence in a provincial correctional facility for adults pursuant to subsection (1), the youth justice court may, on application of the provincial director at any time after the young person begins to serve a portion of the youth sentence in a provincial correctional facility for adults, after giving the young person, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard, authorize the provincial director to direct that the young person serve the remainder of the youth sentence in a penitentiary if the court considers it to be in the best interests of the young person or in the public interest and if, at the time of the application, that remainder is two years or more. Provisions to apply (3) If a young person is serving a youth sentence in a provincial correctional facility for adults or a penitentiary under subsection (1) or (2), the Prisons and Reformatories Act and the Corrections and Conditional Release Act , and any other statute, regulation or rule applicable in respect of prisoners or offenders within the meaning of those Acts, statutes, regulations and rules, apply in respect of the young person except to the extent that they conflict with Part 6 (publication, records and information) of this Act, which Part continues to apply to the young person.
Youth Criminal Justice Act — Y-1.5 90
Youth worker 90 (1) When a youth sentence is imposed committing a young person to custody, the provincial director of the province in which the young person received the youth sentence and was placed in custody shall, without delay, designate a youth worker to work with the young person to plan for his or her reintegration into the community, including the preparation and implementation of a reintegration plan that sets out the most effective programs for the young person in order to maximize his or her chances for reintegration into the community. Role of youth worker when young person in the community (2) When a portion of a young person’s youth sentence is served in the community in accordance with section 97 or 105, the youth worker shall supervise the young person, continue to provide support to the young person and assist the young person to respect the conditions to which he or she is subject, and help the young person in the implementation of the reintegration plan.