C-25
Second Session, Thirty-ninth Parliament,
56 Elizabeth II, 2007
HOUSE OF COMMONS OF CANADA
BILL C-25
An Act to amend the Youth Criminal Justice Act
first reading, November 19, 2007
THE MINISTER OF JUSTICE
90431
SUMMARY
This enactment amends the Youth Criminal Justice Act by adding deterrence and denunciation to the principles that a court must consider when determining a youth sentence. It also clarifies that the presumption against the pre-trial detention of a young person is rebuttable and specifies the circumstances in which the presumption does not apply.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
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2nd Session, 39th Parliament,
56 Elizabeth II, 2007
house of commons of canada
BILL C-25
An Act to amend the Youth Criminal Justice Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2002, c. 1
YOUTH CRIMINAL JUSTICE ACT
1. Subsection 29(2) of the Youth Criminal Justice Act is replaced by the following:
Detention presumed unnecessary
(2) In considering whether the detention of a young person is necessary for the protection or safety of the public under paragraph 515(10)(b) of the Criminal Code, a youth justice court or a justice shall presume that detention is not necessary unless
(a) the young person is charged with a violent offence or an offence that otherwise endangered the public by creating a substantial likelihood of serious bodily harm to another person;
(b) the young person has been found guilty of failing to comply with non-custodial sentences or conditions of release; or
(c) the young person is charged with an indictable offence for which an adult would be liable to imprisonment for a term of more than two years and has a history that indicates a pattern of findings of guilt under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
Danger to public
(3) If the youth justice court or the justice finds that none of paragraphs (2)(a) to (c) apply, the court or justice shall not detain the young person unless the court or justice is satisfied that there is a substantial likelihood, having regard to all of the relevant factors including any pending charges against the young person, that the young person will, if released from custody, commit a violent offence or an offence that otherwise endangers the public by creating a substantial likelihood of serious bodily harm to another person.
2. Subsection 38(2) of the Act is amended by striking out the word “and” at the end of paragraph (d), by adding the word “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(f) subject to paragraph (c), the sentence may have the following objectives:
(i) to denounce unlawful conduct, and
(ii) to deter the young person and other young persons from committing offences.
COMING INTO FORCE
Order in council
3. This Act comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada