Youth Criminal Justice Act — Y-1.5 42
ence or committing a serious violent offence; and (d) the provincial director has determined that an intensive rehabilitative custody and supervision program is available and that the young person’s participation in the program is appropriate. Safeguard of rights (8) Nothing in this section abrogates or derogates from the rights of a young person regarding consent to physical or mental health treatment or care. (9) and (10) [Repealed, 2012, c. 1, s. 174] Inconsistency (11) An order may not be made under paragraphs (2)(k) to (m) in respect of an offence for which a conditional discharge has been granted under paragraph (2)(c). Coming into force of youth sentence (12) A youth sentence or any part of it comes into force on the date on which it is imposed or on any later date that the youth justice court specifies. Consecutive youth sentences (13) Subject to subsections (15) and (16), a youth justice court that sentences a young person may direct that a sentence imposed on the young person under paragraph (2)(n), (o), (q) or (r) be served consecutively if the young person (a) is sentenced while under sentence for an offence under any of those paragraphs; or (b) is found guilty of more than one offence under any of those paragraphs. Duration of youth sentence for a single offence (14) No youth sentence, other than an order made under paragraph (2)(j), (n), (o), (q) or (r), shall continue in force for more than two years. If the youth sentence comprises more than one sanction imposed at the same time in respect of the same offence, the combined duration of the sanctions shall not exceed two years, unless the sentence includes a sanction under paragraph (2)(j), (n), (o), (q) or (r) that exceeds two years. Duration of youth sentence for different offences (15) Subject to subsection (16), if more than one youth sentence is imposed under this section in respect of a young person with respect to different offences, the continuous combined duration of those youth sentences shall not exceed three years, except if one of the offences is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code , in which case the continuous combined duration of those youth sentences shall not exceed ten years in the case of first degree murder, or seven years in the case of second degree murder. Duration of youth sentences made at different times (16) If a youth sentence is imposed in respect of an offence committed by a young person after the commencement of, but before the completion of, any youth sentences imposed on the young person, (a) the duration of the sentence imposed in respect of the subsequent offence shall be determined in accordance with subsections (14) and (15); (b) the sentence may be served consecutively to the sentences imposed in respect of the previous offences; and (c) the combined duration of all the sentences may exceed three years and, if the offence is, or one of the previous offences was, (i) first degree murder within the meaning of section 231 of the Criminal Code , the continuous combined duration of the youth sentences may exceed ten years, or (ii) second degree murder within the meaning of section 231 of the Criminal Code , the continuous combined duration of the youth sentences may exceed seven years. Sentence continues when adult (17) Subject to sections 89, 92 and 93 (provisions related to placement in adult facilities) of this Act and section 743.5 (transfer of jurisdiction) of the Criminal Code , a youth sentence imposed on a young person continues in effect in accordance with its terms after the young person becomes an adult. 2002, c. 1, s. 42; 2012, c. 1, s. 174 2019, c. 25, s. 373