GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Youth Criminal Justice Act — Y-1.5 91
Reintegration leave 91 (1) The provincial director of a province may, subject to any terms or conditions that he or she considers desirable, authorize, for a young person committed to a youth custody facility in the province further to an order under paragraph 76(1)(a) (placement when subject to adult sentence) or a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r), (a) a reintegration leave from the youth custody facility for a period not exceeding thirty days if, in the opinion of the provincial director, it is necessary or desirable that the young person be absent, with or without escort, for medical, compassionate or humanitarian reasons or for the purpose of rehabilitating the young person or reintegrating the young person into the community; or (b) that the young person be released from the youth custody facility on the days and during the hours that the provincial director specifies in order that the young person may (i) attend school or any other educational or training institution, (ii) obtain or continue employment or perform domestic or other duties required by the young person’s family, (iii) participate in a program specified by the provincial director that, in the provincial director’s opinion, will enable the young person to better carry out employment or improve his or her education or training, or (iv) attend an out-patient treatment program or other program that provides services that are suitable to addressing the young person’s needs. Renewal of reintegration leave (2) A reintegration leave authorized under paragraph (1)(a) may be renewed by the provincial director for one or more thirty-day periods on reassessment of the case. Revocation of authorization (3) The provincial director of a province may, at any time, revoke an authorization made under subsection (1). Arrest and return to custody (4) If the provincial director revokes an authorization under subsection (3) or if a young person fails to comply with any term or condition of a reintegration leave or a release from custody under this section, the young person may be arrested without warrant and returned to custody.
Youth Criminal Justice Act — Y-1.5 93
When young person reaches twenty years of age 93 (1) When a young person who is committed to custody under paragraph 42(2)(n), (o), (q) or (r) is in a youth custody facility when the young person attains the age of twenty years, the young person shall be transferred to a provincial correctional facility for adults to serve the remainder of the youth sentence, unless the provincial director orders that the young person continue to serve the youth sentence in a youth custody facility. If serving youth sentence in a provincial correctional facility (2) If a young person is serving a portion of a youth sentence in a provincial correctional facility for adults pursuant to a transfer under subsection (1), the youth justice court may, on application of the provincial director after the transfer, after giving the young person, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard, authorize the provincial director to direct that the young person serve the remainder of the youth sentence in a penitentiary if the court considers it to be in the best interests of the young person or in the public interest and if, at the time of the application, that remainder is two years or more. Provisions to apply (3) If the provincial director makes the direction, the Prisons and Reformatories Act and the Corrections and Conditional Release Act , and any other statute, regulation or rule applicable in respect of prisoners and offenders within the meaning of those Acts, statutes, regulations and rules, apply in respect of the young person except to the extent that they conflict with Part 6 (publication, records and information) of this Act, which Part continues to apply to the young person.
Youth Criminal Justice Act — Y-1.5 95
Orders are youth sentences 95 Orders under subsections 97(2) (conditions) and 98(3) (continuation of custody), paragraph 103(2)(b) (continuation of custody), subsections 104(1) (continuation of custody) and 105(1) (conditional supervision) and paragraph 109(2)(b) (continuation of suspension of conditional supervision) are deemed to be youth sentences for the purposes of section 94 (reviews).
Youth Criminal Justice Act — Y-1.5 97
Conditions to be included in custody and supervision order 97 (1) Every youth sentence imposed under paragraph 42(2)(n) shall contain the following conditions, namely, that the young person, while serving the portion of the youth sentence under supervision in the community, (a) keep the peace and be of good behaviour; (b) report to the provincial director and then be under the supervision of the provincial director; (c) inform the provincial director immediately on being arrested or questioned by the police; (d) report to the police, or any named individual, as instructed by the provincial director; (e) advise the provincial director of the young person’s address of residence and report immediately to the provincial director any change (i) in that address, (ii) in the young person’s normal occupation, including employment, vocational or educational training and volunteer work, (iii) in the young person’s family or financial situation, and (iv) that may reasonably be expected to affect the young person’s ability to comply with the conditions of the sentence; and (f) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized in writing by the provincial director for the purposes of the young person participating in a program specified in the authorization. Other conditions (2) The provincial director may set additional conditions that support and address the needs of the young person, promote the reintegration of the young person into the community and offer adequate protection to the public from the risk that the young person might otherwise present. The provincial director shall, in setting the conditions, take into account the needs of the young person, the most effective programs for the young person in order to maximize his or her chances for reintegration into the community, the nature of the offence and the ability of the young person to comply with the conditions. Communication of conditions (3) The provincial director shall (a) cause the conditions to be read by or to the young person bound by them; (b) explain or cause to be explained to the young person the purpose and effect of the conditions, and confirm that the young person understands them; and (c) cause a copy of the conditions to be given to the young person, and to a parent of the young person. Provisions to apply (4) Subsections 56(3) (endorsement of order by young person) and (4) (validity of order) apply, with any modifications that the circumstances require, in respect of conditions under this section.
Youth Criminal Justice Act — Y-1.5 99
Report 99 (1) For the purpose of determining an application under section 98 (application for continuation of custody), the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information of which the provincial director is aware with respect to the factors set out in subsection 98(4) that may be of assistance to the court. Written or oral report (2) A report referred to in subsection (1) 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. Provisions apply (3) Subsections 40(4) to (10) (procedures respecting pre-sentence reports) apply, with any modifications that the circumstances require, in respect of a report referred to in subsection (1). Notice of hearing (4) When an application is made under section 98 (application for continuation of custody) in respect of a young person, the provincial director shall cause to be given, to the young person and to a parent of the young person, at least five clear days notice of the hearing in writing. Statement of right to counsel (5) Any notice given to a parent under subsection (4) shall include a statement that the young person has the right to be represented by counsel. Service of notice (6) A notice under subsection (4) may be served personally or may be sent by confirmed delivery service. When notice not given (7) When notice under subsection (4) is not given in accordance with this section, the youth justice court may (a) adjourn the hearing and order that the notice be given in any manner and to any person that it directs; or (b) dispense with the giving of the notice if, in the opinion of the youth justice court, having regard to the circumstances, the giving of the notice may be dispensed with.
Youth Criminal Justice Act — Y-1.5 100
Reasons 100 When a youth justice court makes an order under subsection 98(3) (decision for continued custody), it shall state its reasons for the order in the record of the case and shall provide, or cause to be provided, to the young person in respect of whom the order was made, the counsel and a parent of the young person, the Attorney General and the provincial director (a) a copy of the order; and (b) on request, a transcript or copy of the reasons for the order.
Youth Criminal Justice Act — Y-1.5 101
Review of youth justice court decision 101 (1) An order made under subsection 98(3) (decision for continued custody) in respect of a young person, or the refusal to make such an order, shall, on application of the young person, the young person’s counsel, the Attorney General or the provincial director made within thirty days after the decision of the youth justice court, be reviewed by the court of appeal, and that court may, in its discretion, confirm or reverse the decision of the youth justice court. Extension of time to make application (2) The court of appeal may, at any time, extend the time within which an application under subsection (1) may be made. Notice of application (3) A person who proposes to apply for a review under subsection (1) shall give notice of the application in the manner and within the period of time that may be directed by rules of court.
Youth Criminal Justice Act — Y-1.5 102
Breach of conditions 102 (1) If the provincial director has reasonable grounds to believe that a young person has breached or is about to breach a condition to which he or she is subject under section 97 (conditions to be included in custody and supervision orders), the provincial director may, in writing, (a) permit the young person to continue to serve a portion of his or her youth sentence in the community, on the same or different conditions; or (b) if satisfied that the breach is a serious one that increases the risk to public safety, order that the young person be remanded to any youth custody facility that the provincial director considers appropriate until a review is conducted. Provisions apply (2) Sections 107 (apprehension) and 108 (review by provincial director) apply, with any modifications that the circumstances require, to an order under paragraph (1)(b).
Youth Criminal Justice Act — Y-1.5 103
Review by youth justice court 103 (1) When the case of a young person is referred to the youth justice court under section 108 (review by provincial director), the provincial director shall, without delay, cause the young person to be brought before the youth justice court, and the youth justice court shall, after giving the young person an opportunity to be heard, (a) if the court is not satisfied on reasonable grounds that the young person has breached or was about to breach one of the conditions under which he or she was being supervised in the community, order that the young person continue to serve a portion of his or her youth sentence in the community, on the same or different conditions; or (b) if the court is satisfied on reasonable grounds that the young person has breached or was about to breach one of the conditions under which he or she was being supervised in the community, make an order under subsection (2). Order (2) On completion of a review under subsection (1), the youth justice court (a) shall order that the young person continue to serve the remainder of the youth sentence the young person is then serving in the community, and when the court does so, the court may vary the existing conditions or impose new conditions; or (b) shall, despite paragraph 42(2)(n) (custody and supervision order), order that the young person remain in custody for a period that does not exceed the remainder of the youth sentence the young person is then serving, if the youth justice court is satisfied that the breach of the conditions was serious. Provisions apply (3) Subsections 109(4) to (8) apply, with any modifications that the circumstances require, in respect of a review under this section.
Youth Criminal Justice Act — Y-1.5 105
the court shall, by order, set any temporary conditions for the young person’s conditional supervision that are appropriate in the circumstances. Conditions to be set at first opportunity (5) When an order is made under subsection (4), the provincial director shall bring the young person before the youth justice court as soon after the order is made as the circumstances permit and the court shall then set the conditions of the young person’s conditional supervision. Report (6) For the purpose of setting conditions under this section, the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information that may be of assistance to the court. Provisions apply (7) Subsections 99(2) to (7) (provisions respecting reports and notice) and 104(4) (ordering appearance of young person) apply, with any modifications that the circumstances require, in respect of any proceedings held under subsection (1). Provisions apply (8) Subsections 56(1) to (4) (provisions respecting probation orders), (7) (notice to appear) and (8) (warrant in default) and section 101 (review of youth justice court decision) apply, with any modifications that the circumstances require, in respect of an order made under subsection (1).
Youth Criminal Justice Act — Y-1.5 106
Suspension of conditional supervision 106 If the provincial director has reasonable grounds to believe that a young person has breached or is about to breach a condition of an order made under subsection 105(1), the provincial director may, in writing, (a) suspend the conditional supervision; and (b) order that the young person be remanded to any youth custody facility that the provincial director considers appropriate until a review is conducted under section 108 and, if applicable, section 109.
Youth Criminal Justice Act — Y-1.5 107
Apprehension 107 (1) If the conditional supervision of a young person is suspended under section 106, the provincial director may issue a warrant in writing, authorizing the apprehension of the young person and, until the young person is apprehended, the young person is deemed not to be continuing to serve the youth sentence the young person is then serving. Warrants (2) A warrant issued under subsection (1) shall be executed by any peace officer to whom it is given at any place in Canada and has the same force and effect in all parts of Canada as if it had been originally issued or subsequently endorsed by a provincial court judge or other lawful authority having jurisdiction in the place where it is executed. Peace officer may arrest (3) If a peace officer believes on reasonable grounds that a warrant issued under subsection (1) is in force in respect of a young person, the peace officer may arrest the young person without the warrant at any place in Canada. Requirement to bring before provincial director (4) If a young person is arrested under subsection (3) and detained, the peace officer making the arrest shall cause the young person to be brought before the provincial director or a person designated by the provincial director (a) if the provincial director or the designated person is available within a period of twenty-four hours after the young person is arrested, without unreasonable delay and in any event within that period; and (b) if the provincial director or the designated person is not available within that period, as soon as possible. Release or remand in custody (5) If a young person is brought before the provincial director or a person designated by the provincial director under subsection (4), the provincial director or the designated person (a) if not satisfied that there are reasonable grounds to believe that the young person is the young person in respect of whom the warrant referred to in subsection (1) was issued, shall release the young person; or (b) if satisfied that there are reasonable grounds to believe that the young person is the young person in respect of whom the warrant referred to in subsection (1) was issued, may remand the young person in custody to await execution of the warrant, but if no warrant for the young person’s arrest is executed within a period of forty-eight hours after the time the young person is remanded in custody, the person in whose custody the young person then is shall release the young person.
Youth Criminal Justice Act — Y-1.5 108
Review by provincial director 108 Without delay after the remand to custody of a young person whose conditional supervision has been suspended under section 106, or without delay after being informed of the arrest of such a young person, the provincial director shall review the case and, within forty-eight hours, cancel the suspension of the conditional supervision or refer the case to the youth justice court for a review under section 109.
Youth Criminal Justice Act — Y-1.5 110
Identity of offender not to be published 110 (1) Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act. Limitation (2) Subsection (1) does not apply (a) in a case where the information relates to a young person who has received an adult sentence; or (b) [Repealed, 2019, c. 25, s. 379] (c) in a case where the publication of information is made in the course of the administration of justice, if it is not the purpose of the publication to make the information known in the community. Exception (3) A young person referred to in subsection (1) may, after he or she attains the age of eighteen years, publish or cause to be published information that would identify him or her as having been dealt with under this Act or the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, provided that he or she is not in custody pursuant to either Act at the time of the publication. Ex parte application for leave to publish (4) A youth justice court judge shall, on the ex parte application of a peace officer, make an order permitting any person to publish information that identifies a young person as having committed or allegedly committed an indictable offence, if the judge is satisfied that (a) there is reason to believe that the young person is a danger to others; and (b) publication of the information is necessary to assist in apprehending the young person. Order ceases to have effect (5) An order made under subsection (4) ceases to have effect five days after it is made. Application for leave to publish (6) The youth justice court may, on the application of a young person referred to in subsection (1), make an order permitting the young person to publish information that would identify him or her as having been dealt with under this Act or the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, if the court is satisfied that the publication would not be contrary to the young person’s best interests or the public interest. 2002, c. 1, s. 110; 2012, c. 1, s. 189 2019, c. 25, s. 379
Youth Criminal Justice Act — Y-1.5 111
Identity of victim or witness not to be published 111 (1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person. Exception (2) Information that would serve to identify a child or young person referred to in subsection (1) as having been a victim or a witness may be published, or caused to be published, by (a) that child or young person after he or she attains the age of eighteen years or before that age with the consent of his or her parents; or (b) the parents of that child or young person if he or she is deceased. Application for leave to publish (3) The youth justice court may, on the application of a child or a young person referred to in subsection (1), make an order permitting the child or young person to publish information that would identify him or her as having been a victim or a witness if the court is satisfied that the publication would not be contrary to his or her best interests or the public interest.
Youth Criminal Justice Act — Y-1.5 112
Non-application 112 Once information is published under subsection 110(3) or (6) or 111(2) or (3), subsection 110(1) (identity of offender not to be published) or 111(1) (identity of victim or witness not to be published), as the case may be, no longer applies in respect of the information.
Youth Criminal Justice Act — Y-1.5 113
Identification of Criminals Act applies 113 (1) The Identification of Criminals Act applies in respect of young persons. Limitation (2) No fingerprint, palmprint or photograph or other measurement, process or operation referred to in the Identification of Criminals Act shall be taken of, or applied in respect of, a young person who is charged with having committed an offence except in the circumstances in which an adult may, under that Act, be subjected to the measurements, processes and operations.
Youth Criminal Justice Act — Y-1.5 114
Youth justice court, review board and other courts 114 A youth justice court, review board or any court dealing with matters arising out of proceedings under this Act may keep a record of any case that comes before it arising under this Act.
Youth Criminal Justice Act — Y-1.5 115
Police records 115 (1) A record relating to any offence alleged to have been committed by a young person, including the original or a copy of any fingerprints or photographs of the young person, may be kept by any police force responsible for or participating in the investigation of the offence. Extrajudicial measures (1.1) The police force shall keep a record of any extrajudicial measures that they use to deal with young persons. Police records (2) When a young person is charged with having committed an offence in respect of which an adult may be subjected to any measurement, process or operation referred to in the Identification of Criminals Act , the police force responsible for the investigation of the offence may provide a record relating to the offence to the Royal Canadian Mounted Police. If the young person is found guilty of the offence, the police force shall provide the record. Records held by R.C.M.P. (3) The Royal Canadian Mounted Police shall keep the records provided under subsection (2) in the central repository that the Commissioner of the Royal Canadian Mounted Police may, from time to time, designate for the purpose of keeping criminal history files or records of offenders or keeping records for the identification of offenders. 2002, c. 1, s. 115; 2012, c. 1, s. 190