Youth Criminal Justice Act — Y-1.5 94
Annual review 94 (1) When a young person is committed to custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r) for a period exceeding one year, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court without delay at the end of one year from the date of the most recent youth sentence imposed in respect of the offence — and at the end of every subsequent year from that date — and the youth justice court shall review the youth sentence. Annual review (2) When a young person is committed to custody pursuant to youth sentences imposed under paragraph 42(2)(n), (o), (q) or (r) in respect of more than one offence for a total period exceeding one year, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court without delay at the end of one year from the date of the earliest youth sentence imposed — and at the end of every subsequent year from that date — and the youth justice court shall review the youth sentences. Optional review (3) When a young person is committed to custody pursuant to a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) in respect of an offence, the provincial director may, on the provincial director’s own initiative, and shall, on the request of the young person, the young person’s parent or the Attorney General, on any of the grounds set out in subsection (6), cause the young person to be brought before a youth justice court to review the youth sentence, (a) when the youth sentence is for a period not exceeding one year, once at any time after the expiry of the greater of (i) thirty days after the date of the youth sentence imposed under subsection 42(2) in respect of the offence, and (ii) one third of the period of the youth sentence imposed under subsection 42(2) in respect of the offence; and (b) when the youth sentence is for a period exceeding one year, at any time after six months after the date of the most recent youth sentence imposed in respect of the offence. Time for optional review (4) The young person may be brought before the youth justice court at any other time, with leave of the youth justice court judge. Review (5) If a youth justice court is satisfied that there are grounds for review under subsection (6), the court shall review the youth sentence. Grounds for review (6) A youth sentence imposed in respect of a young person may be reviewed under subsection (5) (a) on the ground that the young person has made sufficient progress to justify a change in the youth sentence; (b) on the ground that the circumstances that led to the youth sentence have changed materially; (c) on the ground that new services or programs are available that were not available at the time of the youth sentence; (d) on the ground that the opportunities for rehabilitation are now greater in the community; or (e) on any other ground that the youth justice court considers appropriate. No review if appeal pending (7) Despite any other provision of this section, no review of a youth sentence in respect of which an appeal has been taken shall be made under this section until all proceedings in respect of any such appeal have been completed. Youth justice court may order appearance of young person for review (8) When a provincial director is required under subsections (1) to (3) to cause a young person to be brought before the youth justice court and fails to do so, the youth justice court may, on application made by the young person, his or her parent or the Attorney General, or on its own motion, order the provincial director to cause the young person to be brought before the youth justice court. Progress report (9) The youth justice court shall, before reviewing under this section a youth sentence imposed in respect of a young person, require the provincial director to cause to be pre