Youth Criminal Justice Act — Y-1.5 94
 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 prepared, and to submit to the youth justice court, a progress report on the performance of the young person since the youth sentence took effect. Additional information in progress report (10) A person preparing a progress report in respect of a young person may include in the report any information relating to the personal and family history and present environment of the young person that he or she considers advisable. Written or oral report (11) A progress report shall be in writing unless it cannot reasonably be committed to writing, in which case it may, with leave of the youth justice court, be submitted orally in court. Subsections 40(4) to (10) to apply (12) Subsections 40(4) to (10) (procedures respecting pre-sentence reports) apply, with any modifications that the circumstances require, in respect of progress reports. Notice of review from provincial director (13) When a youth sentence imposed in respect of a young person is to be reviewed under subsection (1) or (2), the provincial director shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General. Notice of review from person requesting it (14) When a review of a youth sentence imposed in respect of a young person is requested under subsection (3), the person requesting the review shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General. Statement of right to counsel (15) A notice given to a parent under subsection (13) or (14) shall include a statement that the young person whose youth sentence is to be reviewed has the right to be represented by counsel. Service of notice (16) A notice under subsection (13) or (14) may be served personally or may be sent by confirmed delivery service. Notice may be waived (17) Any of the persons entitled to notice under subsection (13) or (14) may waive the right to that notice. If notice not given (18) If notice under subsection (13) or (14) is not given in accordance with this section, the youth justice court may (a) adjourn the proceedings and order that the notice be given in the manner and to the persons that it directs; or (b) dispense with the notice if, in the opinion of the court, having regard to the circumstances, notice may be dispensed with. Decision of the youth justice court after review (19) When a youth justice court reviews under this section a youth sentence imposed in respect of a young person, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard, having regard to the needs of the young person and the interests of society, (a) confirm the youth sentence; (b) release the young person from custody and place the young person under conditional supervision in accordance with the procedure set out in section 105, with any modifications that the circumstances require, for a period not exceeding the remainder of the youth sentence that the young person is then serving; or (c) if the provincial director so recommends, convert a youth sentence under paragraph 42(2)(r) to a youth sentence under paragraph 42(2)(q) if the offence was murder or to a youth sentence under paragraph 42(2)(n) or (o), as the case may be, if the offence was an offence other than murder.