GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Youth Criminal Justice Act — Y-1.5 140
Application of Criminal Code 140 Except to the extent that it is inconsistent with or excluded by this Act, the provisions of the Criminal Code apply, with any modifications that the circumstances require, in respect of offences alleged to have been committed by young persons.
Youth Criminal Justice Act — Y-1.5 142
Part XXVII and summary conviction trial provisions of Criminal Code to apply 142 (1) Subject to this section and except to the extent that they are inconsistent with this Act, the provisions of Part XXVII (summary conviction offences) of the Criminal Code , and any other provisions of that Act that apply in respect of summary conviction offences and relate to trial proceedings, apply to proceedings under this Act (a) in respect of an order under section 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) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act; (b) in respect of a summary conviction offence; and (c) in respect of an indictable offence as if it were defined in the enactment creating it as a summary conviction offence. Indictable offences (2) For greater certainty and despite subsection (1) or any other provision of this Act, an indictable offence committed by a young person is, for the purposes of this Act or any other Act of Parliament, an indictable offence. Attendance of young person (3) Section 650 of the Criminal Code applies in respect of proceedings under this Act, whether the proceedings relate to an indictable offence or an offence punishable on summary conviction. Limitation period (4) In proceedings under this Act, subsection 786(2) of the Criminal Code does not apply in respect of an indictable offence. Costs (5) Section 809 of the Criminal Code does not apply in respect of proceedings under this Act. 2002, c. 1, s. 142; 2015, c. 20, ss. 33, 36, c. 29, s. 15 2024, c. 22, s. 10
Youth Criminal Justice Act — Y-1.5 143
Counts charged in information 143 Indictable offences and offences punishable on summary conviction may under this Act be charged in the same information or indictment and tried jointly.
Youth Criminal Justice Act — Y-1.5 144
Issue of subpoena 144 (1) If a person is required to attend to give evidence before a youth justice court, the subpoena directed to that person may be issued by a youth justice court judge, whether or not the person whose attendance is required is within the same province as the youth justice court. Service of subpoena (2) A subpoena issued by a youth justice court and directed to a person who is not within the same province as the youth justice court shall be served personally on the person to whom it is directed.
Youth Criminal Justice Act — Y-1.5 145
Warrant 145 A warrant issued by a youth justice court may be executed anywhere in Canada.
Youth Criminal Justice Act — Y-1.5 146
 court judge may in any proceedings under this Act rule admissible any statement or waiver by a young person if, at the time of the making of the statement or waiver, (a) the young person held himself or herself to be eighteen years old or older; (b) the person to whom the statement or waiver was made conducted reasonable inquiries as to the age of the young person and had reasonable grounds for believing that the young person was eighteen years old or older; and (c) in all other circumstances the statement or waiver would otherwise be admissible. Parent, etc., not a person in authority (9) For the purpose of this section, a person consulted under paragraph (2)(c) is, in the absence of evidence to the contrary, deemed not to be a person in authority.
Youth Criminal Justice Act — Y-1.5 147
Statements not admissible against young person 147 (1) Subject to subsection (2), if a young person is assessed in accordance with an order made under subsection 34(1) (medical or psychological assessment), no statement or reference to a statement made by the young person during the course and for the purposes of the assessment to the person who conducts the assessment or to anyone acting under that person’s direction is admissible in evidence, without the consent of the young person, in any proceeding before a court, tribunal, body or person with jurisdiction to compel the production of evidence. Exceptions (2) A statement referred to in subsection (1) is admissible in evidence for the purposes of (a) making a decision on an application heard under section 71 (hearing — adult sentences); (b) determining whether the young person is unfit to stand trial; (c) determining whether the balance of the mind of the young person was disturbed at the time of commission of the alleged offence, if the young person is a female person charged with an offence arising out of the death of her newly-born child; (d) making or reviewing a sentence in respect of the young person; (e) determining whether the young person was, at the time of the commission of an alleged offence, suffering from automatism or a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1) of the Criminal Code , if the accused puts his or her mental capacity for criminal intent into issue, or if the prosecutor raises the issue after verdict; (f) challenging the credibility of a young person in any proceeding if the testimony of the young person is inconsistent in a material particular with a statement referred to in subsection (1) that the young person made previously; (g) establishing the perjury of a young person who is charged with perjury in respect of a statement made in any proceeding; (h) deciding an application for an order under subsection 104(1) (continuation of custody); (i) setting the conditions under subsection 105(1) (conditional supervision); (j) conducting a review under subsection 109(1) (review of decision); or (k) deciding an application for a disclosure order under subsection 127(1) (information about a young person).
Youth Criminal Justice Act — Y-1.5 148
Testimony of a parent 148 (1) In any proceedings under this Act, the testimony of a parent as to the age of a person of whom he or she is a parent is admissible as evidence of the age of that person. Evidence of age by certificate or record (2) In any proceedings under this Act, (a) a birth or baptismal certificate or a copy of it purporting to be certified under the hand of the person in whose custody those records are held is evidence of the age of the person named in the certificate or copy; and (b) an entry or record of an incorporated society that has had the control or care of the person alleged to have committed the offence in respect of which the proceedings are taken at or about the time the person came to Canada is evidence of the age of that person, if the entry or record was made before the time when the offence is alleged to have been committed. Other evidence (3) In the absence of any certificate, copy, entry or record mentioned in subsection (2), or in corroboration of that certificate, copy, entry or record, the youth justice court may receive and act on any other information relating to age that it considers reliable. When age may be inferred (4) In any proceedings under this Act, the youth justice court may draw inferences as to the age of a person from the person’s appearance or from statements made by the person in direct examination or cross-examination.
Youth Criminal Justice Act — Y-1.5 149
Admissions 149 (1) A party to any proceedings under this Act may admit any relevant fact or matter for the purpose of dispensing with proof of it, including any fact or matter the admissibility of which depends on a ruling of law or of mixed law and fact. Other party may adduce evidence (2) Nothing in this section precludes a party to a proceeding from adducing evidence to prove a fact or matter admitted by another party.
Youth Criminal Justice Act — Y-1.5 150
Material evidence 150 Any evidence material to proceedings under this Act that would not but for this section be admissible in evidence may, with the consent of the parties to the proceedings and if the young person is represented by counsel, be given in such proceedings.
Youth Criminal Justice Act — Y-1.5 151
Evidence of a child or young person 151 The evidence of a child or a young person may be taken in proceedings under this Act only after the youth justice court judge or the justice in the proceedings has (a) if the witness is a child, instructed the child as to the duty to speak the truth and the consequences of failing to do so; and (b) if the witness is a young person and the judge or justice considers it necessary, instructed the young person as to the duty to speak the truth and the consequences of failing to do so.
Youth Criminal Justice Act — Y-1.5 152
Proof of service 152 (1) For the purposes of this Act, service of any document may be proved by oral evidence given under oath by, or by the affidavit or statutory declaration of, the person claiming to have personally served it or sent it by confirmed delivery service. Proof of signature and official character unnecessary (2) If proof of service of any document is offered by affidavit or statutory declaration, it is not necessary to prove the signature or official character of the person making or taking the affidavit or declaration, if the official character of that person appears on the face of the affidavit or declaration.
Youth Criminal Justice Act — Y-1.5 153
Seal not required 153 It is not necessary to the validity of any information, indictment, summons, warrant, minute, sentence, conviction, order or other process or document laid, issued, filed or entered in any proceedings under this Act that any seal be attached or affixed to it.
Youth Criminal Justice Act — Y-1.5 154
Forms 154 (1) The forms prescribed under section 155, varied to suit the case, or forms to the like effect, are valid and sufficient in the circumstances for which they are provided. If forms not prescribed (2) In any case for which forms are not prescribed under section 155, the forms set out in Part XXVIII of the Criminal Code , with any modifications that the circumstances require, or other appropriate forms, may be used.
Youth Criminal Justice Act — Y-1.5 155
Regulations 155 The Governor in Council may make regulations (a) prescribing forms that may be used for the purposes of this Act; (b) establishing uniform rules of court for youth justice courts across Canada, including rules regulating the practice and procedure to be followed by youth justice courts; and (c) generally for carrying out the purposes and provisions of this Act.
Youth Criminal Justice Act — Y-1.5 156
Agreements with provinces 156 Any minister of the Crown may, with the approval of the Governor in Council, enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act.
Youth Criminal Justice Act — Y-1.5 157
Community-based programs 157 The Attorney General of Canada or a minister designated by the lieutenant governor in council of a province may establish the following types of community-based programs: (a) programs that are an alternative to judicial proceedings, such as victim-offender reconciliation programs, mediation programs and restitution programs; (b) programs that are an alternative to detention before sentencing, such as bail supervision programs; and (c) programs that are an alternative to custody, such as intensive support and supervision programs, and programs to carry out attendance orders.
Youth Criminal Justice Act — Y-1.5 158
Prohibition on proceedings 158 On and after the coming into force of this section, no proceedings may be commenced under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act, or under the Juvenile Delinquents Act , chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act.
Youth Criminal Justice Act — Y-1.5 159
Proceedings commenced under Young Offenders Act 159 (1) Subject to section 161, where, before the coming into force of this section, proceedings are commenced under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act alleged to have been committed by a person who was at the time of the offence a young person within the meaning of that Act, the proceedings and all related matters shall be dealt with in all respects as if this Act had not come into force. Proceedings commenced under Juvenile Delinquents Act (2) Subject to section 161, where, before the coming into force of this section, proceedings are commenced under the Juvenile Delinquents Act , chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act alleged to have been committed by a person who was at the time of the delinquency a child as defined in that Act, the proceedings and all related matters shall be dealt with under this Act as if the delinquency were an offence that occurred after the coming into force of this section.
Youth Criminal Justice Act — Y-1.5 161
Applicable sentence 161 (1) A person referred to in section 159 who is found guilty of an offence or delinquency, other than a person convicted of an offence in ordinary court, as defined in subsection 2(1) of the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, shall be sentenced under this Act, except that (a) [Repealed, 2019, c. 25, s. 382] (b) paragraph 42(2)(r) applies in respect of the offence or delinquency only if the young person consents to its application. The provisions of this Act applicable to sentences imposed under section 42 apply in respect of the sentence. Dispositions under paragraph 20(1)(k) or (k.1) of Young Offenders Act (2) Where a young person is to be sentenced under this Act while subject to a disposition under paragraph 20(1)(k) or (k.1) of the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, on the application of the Attorney General or the young person, a youth justice court shall, unless to do so would bring the administration of justice into disrepute, order that the remaining portion of the disposition made under that Act be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under paragraph 42(2)(n) or (q) of this Act, as the case may be. Review of sentence (3) For greater certainty, for the purpose of determining when the sentence is reviewed under section 94, the relevant date is the one on which the disposition came into force under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985. 2002, c. 1, s. 161 2019, c. 25, s. 382
Youth Criminal Justice Act — Y-1.5 162
Commencement of proceedings 162 For the purposes of sections 158 and 159, proceedings are commenced by the laying of an information or indictment. 2002, c. 1, s. 162; 2012, c. 1, s. 194
Youth Criminal Justice Act — Y-1.5 163
Application to delinquency and other offending behaviour 163 Sections 114 to 129 apply, with any modifications that the circumstances require, in respect of records relating to the offence of delinquency under the Juvenile Delinquents Act , chapter J-3 of the Revised Statutes of Canada, 1970, and in respect of records kept under sections 40 to 43 of the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985.
Youth Criminal Justice Act — Y-1.5 164
Agreements continue in force 164 Any agreement made under the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, remains in force until it expires, unless it is amended or a new agreement is made under this Act.
Youth Criminal Justice Act — Y-1.5 Coming into force
Coming into force * 200 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act in force April 1, 2003, see SI/2002-91.]
Youth Criminal Justice Act — Y-1.5 1
1 An offence under any of the following provisions of the Criminal Code : (a) paragraph 81(2)(a) (using explosives); (b) subsection 85(1) (using firearm in commission of offence); (c) section 151 (sexual interference); (d) section 152 (invitation to sexual touching); (e) section 153 (sexual exploitation); (f) section 155 (incest); (g) [Repealed, 2019, c. 25, s. 383] (h) section 170 (parent or guardian procuring sexual activity by child); (i) and (j) [Repealed, 2014, c. 25, s. 43] (k) section 231 or 235 (first degree murder or second degree murder within the meaning of section 231); (l) section 232, 234 or 236 (manslaughter); (m) section 239 (attempt to commit murder); (n) section 267 (assault with a weapon or causing bodily harm); (o) section 268 (aggravated assault); (p) section 269 (unlawfully causing bodily harm); (q) section 271 (sexual assault); (r) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm); (s) section 273 (aggravated sexual assault); (t) section 279 (kidnapping); (t.1) section 279.011 (trafficking — person under 18 years); (t.2) subsection 279.02(2) (material benefit — trafficking of person under 18 years); (t.3) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years); (t.4) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years); (t.5) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years); (t.6) subsection 286.3(2) (procuring — person under 18 years); (u) section 344 (robbery); (v) section 433 (arson — disregard for human life); (w) section 434.1 (arson — own property); (x) section 436 (arson by negligence); and (y) paragraph 465(1)(a) (conspiracy to commit murder).
Youth Criminal Justice Act — Y-1.5 1.1
1.1 An offence under one of the following provisions of the Criminal Code , as they read from time to time before the day on which this section comes into force: (a) subsection 212(2) (living on the avails of prostitution of person under 18 years); and (b) subsection 212(4) (prostitution of person under 18 years).
Youth Criminal Justice Act — Y-1.5 2
2 An offence under any of the following provisions of the Criminal Code , as they read immediately before July 1, 1990: (a) section 433 (arson); (b) section 434 (setting fire to other substance); and (c) section 436 (setting fire by negligence).
Youth Criminal Justice Act — Y-1.5 3
3 An offence under any of the following provisions of the Criminal Code , chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983: (a) section 144 (rape); (b) section 145 (attempt to commit rape); (c) section 149 (indecent assault on female); (d) section 156 (indecent assault on male); and (e) section 246 (assault with intent).
Youth Criminal Justice Act — Y-1.5 4
4 An offence under any of the following provisions of the Controlled Drugs and Substances Act : (a) section 5 (trafficking); (b) section 6 (importing and exporting); and (c) section 7 (production of substance).
Youth Criminal Justice Act — Y-1.5 5
5 An offence under any of the following provisions of the Cannabis Act : (a) section 9 (distribution and possession for purpose of distributing); (b) section 10 (selling and possession for purpose of selling); (c) section 11 (importing and exporting and possession for purpose of exporting); (d) section 12 (production); and (e) section 14 (use of young person).
Youth Criminal Justice Act — Y-1.5 163
Pending applications — references in other legislation 163 A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force: (c) paragraph 82(1)(d) and subparagraphs 119(1)(n)(iii) and 120(4)(c)(iii) of the Youth Criminal Justice Act .
Youth Criminal Justice Act — Y-1.5 165
Pardons in effect — references in other legislation 165 A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act : (f) subsection 128(5) of the Youth Criminal Justice Act .
Youth Criminal Justice Act — Y-1.5 195
Offences committed before this section in force 195 Any person who, before the coming into force of this section, while he or she was a young person, committed an offence in respect of which no proceedings were commenced before that coming into force shall be dealt with under the Youth Criminal Justice Act as amended by this Part as if the offence occurred after that coming into force, except that (a) the definition violent offence in subsection 2(1) of the Youth Criminal Justice Act , as enacted by subsection 167 (3), does not apply in respect of the offence; (b) paragraph 3(1)(a) of that Act, as enacted by subsection 168 (1), does not apply in respect of the offence; (c) paragraph 38(2)(f) of that Act, as enacted by section 172 , does not apply in respect of the offence; (d) paragraph 39(1)(c) of that Act, as enacted by section 173 , does not apply in respect of the offence; and (e) section 75 of that Act, as enacted by section 185 , does not apply in respect of the offence.
Youth Criminal Justice Act — Y-1.5 45.1
Review 45.1 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose. Report (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends.
Youth Criminal Justice Act — Y-1.5 384
Subsection 59(10) 384 Subsection 59(10) of the Youth Criminal Justice Act does not apply to the sentence for an offence committed before the coming into force of that subsection.
Young Offenders Act — Y-1 61
61 [Repealed, R.S., 1985, c. 24 (2nd Supp.), s. 40]
Yukon Act — Y-2.01 Preamble
Preamble Whereas Yukon is a territory that has a system of responsible government that is similar in principle to that of Canada;
Yukon Act — Y-2.01
And Whereas the enactment of legislation is required to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, negotiated by representatives of certain first nations, the Government of Canada and the Yukon Government;
Yukon Act — Y-2.01
NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Yukon Act — Y-2.01 1
Short title 1 This Act may be cited as the Yukon Act .