GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Youth Criminal Justice Act — Y-1.5
youth custody facility means a facility designated under subsection 85(2) for the placement of young persons and, if so designated, includes a facility for the secure restraint of young persons, a community residential centre, a group home, a child care institution and a forest or wilderness camp. ( lieu de garde )
Youth Criminal Justice Act — Y-1.5
youth justice court means a youth justice court referred to in section 13. ( tribunal pour adolescents )
Youth Criminal Justice Act — Y-1.5
youth justice court judge means a youth justice court judge referred to in section 13. ( juge du tribunal pour adolescents )
Youth Criminal Justice Act — Y-1.5
youth sentence means a sentence imposed under section 42, 51 or 59 or any of sections 94 to 96 and includes a confirmation or a variation of that sentence. ( peine spécifique )
Youth Criminal Justice Act — Y-1.5
youth worker means any person appointed or designated, whether by title of youth worker or probation officer or by any other title, by or under an Act of the legislature of a province or by the lieutenant governor in council of a province or his or her delegate to perform in that province, either generally or in a specific case, any of the duties or functions of a youth worker under this Act. ( délégué à la jeunesse )
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Declaration of principles 4 The following principles apply in this Part in addition to the principles set out in section 3: (a) extrajudicial measures are often the most appropriate and effective way to address youth crime; (b) extrajudicial measures allow for effective and timely interventions focused on correcting offending behaviour; (c) extrajudicial measures are presumed to be adequate to hold a young person accountable for his or her offending behaviour if the young person has committed a non-violent offence and has not previously been found guilty of an offence; and (d) extrajudicial measures should be used if they are adequate to hold a young person accountable for his or her offending behaviour and, if the use of extrajudicial measures is consistent with the principles set out in this section, nothing in this Act precludes their use in respect of a young person who (i) has previously been dealt with by the use of extrajudicial measures, or (ii) has previously been found guilty of an offence.
Youth Criminal Justice Act — Y-1.5 4.1
Certain offences — extrajudicial measures deemed adequate 4.1 (1) Extrajudicial measures are presumed to be adequate to hold a young person accountable for a failure or refusal referred to in section 137 and for a failure referred to in section 496 of the Criminal Code unless (a) the young person has a history of repetitive failures or refusals; or (b) the young person’s failure or refusal caused harm, or a risk of harm, to the safety of the public. Certain offences — various measures (2) In the cases referred to in paragraphs (1)(a) and (b), (a) extrajudicial measures should be used if they are adequate to hold the young person accountable for the failure or refusal; and (b) if the use of extrajudicial measures would not be adequate under paragraph (a), but issuing an appearance notice under section 496 (judicial referral hearing) of the Criminal Code or making an application for review of the youth sentence referred to in section 59(1) as an alternative to proceeding by charge would be adequate, then the applicable alternative should be used. 2019, c. 25, s. 361
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Objectives 5 Extrajudicial measures should be designed to (a) provide an effective and timely response to offending behaviour outside the bounds of judicial measures; (b) encourage young persons to acknowledge and repair the harm caused to the victim and the community; (c) encourage families of young persons — including extended families where appropriate — and the community to become involved in the design and implementation of those measures; (d) provide an opportunity for victims to participate in decisions related to the measures selected and to receive reparation; and (e) respect the rights and freedoms of young persons and be proportionate to the seriousness of the offence.
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Warnings, cautions and referrals 6 (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections 4 and 4.1, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person not to commit offences. Saving (2) The failure of a police officer to consider the options set out in subsection (1) does not invalidate any subsequent charges against the young person for the offence. 2002, c. 1, s. 6 2019, c. 25, s. 362
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Police cautions 7 The Attorney General, or any other minister designated by the lieutenant governor of a province, may establish a program authorizing the police to administer cautions to young persons instead of starting judicial proceedings under this Act.
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Crown cautions 8 The Attorney General may establish a program authorizing prosecutors to administer cautions to young persons instead of starting or continuing judicial proceedings under this Act.
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Evidence of measures is inadmissible 9 Evidence that a young person has received a warning, caution or referral mentioned in section 6, 7 or 8 or that a police officer has taken no further action in respect of an offence, and evidence of the offence, is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a youth justice court in respect of the young person.
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Notice to parent 11 If a young person is dealt with by an extrajudicial sanction, the person who administers the program under which the sanction is used shall inform a parent of the young person of the sanction.
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Victim’s right to information 12 If a young person is dealt with by an extrajudicial sanction, a police officer, the Attorney General, the provincial director or any organization established by a province to provide assistance to victims shall, on request, inform the victim of the identity of the young person and how the offence has been dealt with.
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Designation of youth justice court 13 (1) A youth justice court is any court that may be established or designated by or under an Act of the legislature of a province, or designated by the Governor in Council or the lieutenant governor in council of a province, as a youth justice court for the purposes of this Act, and a youth justice court judge is a person who may be appointed or designated as a judge of the youth justice court or a judge sitting in a court established or designated as a youth justice court. Deemed youth justice court (2) When a young person elects to be tried by a judge without a jury, the judge shall be a judge as defined in section 552 of the Criminal Code , or if it is an offence set out in section 469 of that Act, the judge shall be a judge of the superior court of criminal jurisdiction in the province in which the election is made. In either case, the judge is deemed to be a youth justice court judge and the court is deemed to be a youth justice court for the purpose of the proceeding. Deemed youth justice court (3) When a young person elects or is deemed to have elected to be tried by a court composed of a judge and jury, the superior court of criminal jurisdiction in the province in which the election is made or deemed to have been made is deemed to be a youth justice court for the purpose of the proceeding, and the superior court judge is deemed to be a youth justice court judge. Court of record (4) A youth justice court is a court of record.
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Exclusive jurisdiction of youth justice court 14 (1) Despite any other Act of Parliament but subject to the Contraventions Act and the National Defence Act , a youth justice court has exclusive jurisdiction in respect of any offence alleged to have been committed by a person while he or she was a young person, and that person shall be dealt with as provided in this Act. Orders (2) A youth justice court has exclusive jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity), 810 (recognizance  — fear of injury or damage), 810.01 (recognizance  —  fear of certain offences), 810.011 (recognizance —  fear of terrorism offence), 810.02 (recognizance  —  fear of forced marriage or marriage under age of 16 years), 810.03 (recognizance — fear of domestic violence) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code and the provisions of this Act apply, with any modifications that the circumstances require. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days. Prosecution prohibited (3) Unless the Attorney General and the young person agree, no extrajudicial measures shall be taken or judicial proceedings commenced under this Act in respect of an offence after the end of the time limit set out in any other Act of Parliament or any regulation made under it for the institution of proceedings in respect of that offence. Continuation of proceedings (4) Extrajudicial measures taken or judicial proceedings commenced under this Act against a young person may be continued under this Act after the person attains the age of eighteen years. Young persons over the age of eighteen years (5) This Act applies to persons eighteen years old or older who are alleged to have committed an offence while a young person. Powers of youth justice court judge (6) For the purpose of carrying out the provisions of this Act, a youth justice court judge is a justice and a provincial court judge and has the jurisdiction and powers of a summary conviction court under the Criminal Code . Powers of a judge of a superior court (7) A judge of a superior court of criminal jurisdiction, when deemed to be a youth justice court judge for the purpose of a proceeding, retains the jurisdiction and powers of a superior court of criminal jurisdiction. 2002, c. 1, s. 14; 2015, c. 20, ss. 32, 36, c. 29, s. 14 2019, c. 13, s. 159 2024, c. 22, s. 9
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Contempt against youth justice court 15 (1) Every youth justice court has the same power, jurisdiction and authority to deal with and impose punishment for contempt against the court as may be exercised by the superior court of criminal jurisdiction of the province in which the court is situated. Jurisdiction of youth justice court (2) A youth justice court has jurisdiction in respect of every contempt of court committed by a young person against the youth justice court whether or not committed in the face of the court, and every contempt of court committed by a young person against any other court otherwise than in the face of that court. Concurrent jurisdiction of youth justice court (3) A youth justice court has jurisdiction in respect of every contempt of court committed by a young person against any other court in the face of that court and every contempt of court committed by an adult against the youth justice court in the face of the youth justice court, but nothing in this subsection affects the power, jurisdiction or authority of any other court to deal with or impose punishment for contempt of court. Youth sentence — contempt (4) When a youth justice court or any other court finds a young person guilty of contempt of court, it may impose as a youth sentence any one of the sanctions set out in subsection 42(2) (youth sentences), or any number of them that are not inconsistent with each other, but no other sentence. Section 708 of Criminal Code applies in respect of adults (5) Section 708 (contempt) of the Criminal Code applies in respect of proceedings under this section in youth justice court against adults, with any modifications that the circumstances require.
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Status of offender uncertain 16 When a person is alleged to have committed an offence during a period that includes the date on which the person attains the age of eighteen years, the youth justice court has jurisdiction in respect of the offence and shall, after putting the person to their election under section 67 (adult sentence) if applicable, and on finding the person guilty of the offence, (a) if it has been proven that the offence was committed before the person attained the age of eighteen years, impose a sentence under this Act; (b) if it has been proven that the offence was committed after the person attained the age of eighteen years, impose any sentence that could be imposed under the Criminal Code or any other Act of Parliament on an adult who has been convicted of the same offence; and (c) if it has not been proven that the offence was committed after the person attained the age of eighteen years, impose a sentence under this Act.
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Youth justice court may make rules 17 (1) The youth justice court for a province may, subject to the approval of the lieutenant governor in council of the province, establish rules of court not inconsistent with this Act or any other Act of Parliament or with any regulations made under section 155 regulating proceedings within the jurisdiction of the youth justice court. Rules of court (2) Rules under subsection (1) may be made (a) generally to regulate the duties of the officers of the youth justice court and any other matter considered expedient to attain the ends of justice and carry into effect the provisions of this Act; (b) subject to any regulations made under paragraph 155(b), to regulate the practice and procedure in the youth justice court; and (c) to prescribe forms to be used in the youth justice court if they are not otherwise provided for by or under this Act. Publication of rules (3) Rules of court that are made under the authority of this section shall be published in the appropriate provincial gazette.
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Youth justice committees 18 (1) The Attorney General of Canada or a province or any other minister that the lieutenant governor in council of the province may designate may establish one or more committees of citizens, to be known as youth justice committees, to assist in any aspect of the administration of this Act or in any programs or services for young persons. Role of committee (2) The functions of a youth justice committee may include the following: (a) in the case of a young person alleged to have committed an offence, (i) giving advice on the appropriate extrajudicial measure to be used in respect of the young person, (ii) supporting any victim of the alleged offence by soliciting his or her concerns and facilitating the reconciliation of the victim and the young person, (iii) ensuring that community support is available to the young person by arranging for the use of services from within the community, and enlisting members of the community to provide short-term mentoring and supervision, and (iv) when the young person is also being dealt with by a child protection agency or a community group, helping to coordinate the interaction of the agency or group with the youth criminal justice system; (b) advising the federal and provincial governments on whether the provisions of this Act that grant rights to young persons, or provide for the protection of young persons, are being complied with; (c) advising the federal and provincial governments on policies and procedures related to the youth criminal justice system; (d) providing information to the public in respect of this Act and the youth criminal justice system; (e) acting as a conference; and (f) any other functions assigned by the person who establishes the committee.
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Conferences may be convened 19 (1) A youth justice court judge, the provincial director, a police officer, a justice of the peace, a prosecutor or a youth worker may convene or cause to be convened a conference for the purpose of making a decision required to be made under this Act. Mandate of a conference (2) The mandate of a conference may be, among other things, to give advice on appropriate extrajudicial measures, conditions for judicial interim release, sentences, including the review of sentences, and reintegration plans. Rules for conferences (3) The Attorney General or any other minister designated by the lieutenant governor in council of a province may establish rules for the convening and conducting of conferences other than conferences convened or caused to be convened by a youth justice court judge or a justice of the peace. Rules to apply (4) In provinces where rules are established under subsection (3), the conferences to which those rules apply must be convened and conducted in accordance with those rules.
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Certain proceedings may be taken before justices 20 (1) Any proceeding that may be carried out before a justice under the Criminal Code , other than a plea, a trial or an adjudication, may be carried out before a justice in respect of an offence alleged to have been committed by a young person, and any process that may be issued by a justice under the Criminal Code may be issued by a justice in respect of an offence alleged to have been committed by a young person. Orders under section 810 of Criminal Code (2) Despite subsection 14(2), a justice has jurisdiction to make an order under section 810 (recognizance — fear of injury or damage) of the Criminal Code in respect of a young person. If the young person fails or refuses to enter into a recognizance referred to in that section, the justice shall refer the matter to a youth justice court. 2002, c. 1, s. 20 2019, c. 13, s. 160
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Powers of clerks 21 In addition to any powers conferred on a clerk of a court by the Criminal Code , a clerk of the youth justice court may exercise the powers ordinarily exercised by a clerk of a court, and, in particular, may (a) administer oaths or solemn affirmations in all matters relating to the business of the youth justice court; and (b) in the absence of a youth justice court judge, exercise all the powers of a youth justice court judge relating to adjournment.
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Powers, duties and functions of provincial directors 22 The provincial director may authorize any person to exercise the powers or perform the duties or functions of the provincial director under this Act, in which case the powers, duties or functions are deemed to have been exercised or performed by the provincial director.
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Pre-charge screening 23 (1) The Attorney General may establish a program of pre-charge screening that sets out the circumstances in which the consent of the Attorney General must be obtained before a young person is charged with an offence. Pre-charge screening program (2) Any program of pre-charge screening of young persons that is established under an Act of the legislature of a province or by a directive of a provincial government, and that is in place before the coming into force of this section, is deemed to be a program of pre-charge screening for the purposes of subsection (1).
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Private prosecutions 24 No prosecutions may be conducted by a prosecutor other than the Attorney General without the consent of the Attorney General.
Youth Criminal Justice Act — Y-1.5 24.1
Review required 24.1 If a charge for which an appearance notice, summons or release order was issued, or an undertaking was given, is dismissed, withdrawn or stayed, or the young person is acquitted of that charge, the Attorney General must review any charge pending against the young person under any of subsections 145(2) to (5) of the Criminal Code for failure to comply with the appearance notice, summons, release order or undertaking in order to determine whether the prosecution of the charge should proceed. 2019, c. 25, s. 363
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efore which the proceedings are held may, on the request of the young person, allow the young person to be assisted by an adult whom the justice, court or review board considers to be suitable. Counsel independent of parents (8) If it appears to a youth justice court judge or a justice that the interests of a young person and the interests of a parent are in conflict or that it would be in the best interests of the young person to be represented by his or her own counsel, the judge or justice shall ensure that the young person is represented by counsel independent of the parent. Statement of right to counsel (9) A statement that a young person has the right to be represented by counsel shall be included in (a) any appearance notice or summons issued to the young person; (b) any warrant to arrest the young person; (c) any undertaking entered into before a peace officer by the young person; (d) [Repealed, 2019, c. 25, s. 364] (e) any notice given to the young person in relation to any proceedings held under subsection 98(3) (continuation of custody), 103(1) (review by youth justice court), 104(1) (continuation of custody), 105(1) (conditional supervision) or 109(1) (review of decision); or (f) any notice of a review of a youth sentence given to the young person. Recovery of costs of counsel (10) Nothing in this Act prevents the lieutenant governor in council of a province or his or her delegate from establishing a program to authorize the recovery of the costs of a young person’s counsel from the young person or the parents of the young person. The costs may be recovered only after the proceedings are completed and 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. Exception for persons over the age of twenty (11) Subsections (4) to (9) do not apply to a person who is alleged to have committed an offence while a young person, if the person has attained the age of twenty years at the time of his or her first appearance before a youth justice court in respect of the offence; however, this does not restrict any rights that a person has under the law applicable to adults. 2002, c. 1, s. 25 2019, c. 13, s. 161 2019, c. 25, s. 364
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 accordance with this section and none of the persons to whom the notice may be given attends court with the young person, a youth justice court judge or a justice before whom proceedings are held against the young person may (a) adjourn the proceedings and order that the notice be given in the manner and to the persons that the judge or justice directs; or (b) dispense with the notice if the judge or justice is of the opinion that, having regard to the circumstances, the notice may be dispensed with. Exception for persons over the age of twenty (12) This section does not apply to a person who is alleged to have committed an offence while a young person, if the person has attained the age of twenty years at the time of his or her first appearance before a youth justice court in respect of the offence. 2002, c. 1, s. 26 2019, c. 25, s. 365