Youth Criminal Justice Act — Y-1.5 40
Pre-sentence report 40 (1) Before imposing sentence on a young person found guilty of an offence, a youth justice court (a) shall, if it is required under this Act to consider a pre-sentence report before making an order or a sentence in respect of a young person, and (b) may, if it considers it advisable, require the provincial director to cause to be prepared a pre-sentence report in respect of the young person and to submit the report to the court. Contents of report (2) A pre-sentence report made in respect of a young person shall, subject to subsection (3), be in writing and shall include the following, to the extent that it is relevant to the purpose and principles of sentencing set out in section 38 and to the restrictions on custody set out in section 39: (a) the results of an interview with the young person and, if reasonably possible, the parents of the young person and, if appropriate and reasonably possible, members of the young person’s extended family; (b) the results of an interview with the victim in the case, if applicable and reasonably possible; (c) the recommendations resulting from any conference referred to in section 41; (d) any information that is applicable to the case, including (i) the age, maturity, character, behaviour and attitude of the young person and his or her willingness to make amends, (ii) any plans put forward by the young person to change his or her conduct or to participate in activities or undertake measures to improve himself or herself, (iii) subject to subsection 119(2) (period of access to records), the history of previous findings of delinquency under the Juvenile Delinquents Act , chapter J-3 of the Revised Statutes of Canada, 1970, or previous findings of guilt for offences under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, or under this or any other Act of Parliament or any regulation made under it, the history of community or other services rendered to the young person with respect to those findings and the response of the young person to previous sentences or dispositions and to services rendered to him or her, (iv) subject to subsection 119(2) (period of access to records), the history of alternative measures under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, or extrajudicial sanctions used to deal with the young person and the response of the young person to those measures or sanctions, (v) the availability and appropriateness of community services and facilities for young persons and the willingness of the young person to avail himself or herself of those services or facilities, (vi) the relationship between the young person and the young person’s parents and the degree of control and influence of the parents over the young person and, if appropriate and reasonably possible, the relationship between the young person and the young person’s extended family and the degree of control and influence of the young person’s extended family over the young person, and (vii) the school attendance and performance record and the employment record of the young person; (e) any information that may assist the court in determining under subsection 39(2) whether there is an alternative to custody; and (f) any information that the provincial director considers relevant, including any recommendation that the provincial director considers appropriate. Oral report with leave (3) If a pre-sentence report cannot reasonably be committed to writing, it may, with leave of the youth justice court, be submitted orally in court. Report forms part of record (4) A pre-sentence report shall form part of the record of the case in respect of which it was requested. Copies of pre-sentence report (5) If a pre-sentence report made in respect of a young person is submitted to a youth justice court in writing, the court (a) shall, subject to subsection (7), cause a copy of the report to be given to (i) the young person, (ii) any parent of the you