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or, with leave of a youth court judge, at any
other time, and where a youth court is satisfied
that there are grounds for the review under
subsection (4), the court shall review the
disposition.
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(2) Subsection 28(4) of the Act is amended
by striking out the word ``or'' at the end of
paragraph (c) and by adding the following
after paragraph (c):
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1992, c. 11,
s. 8
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(3) Paragraphs 28(17)(b) and (c) of the
Act are replaced by the following:
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23. The Act is amended by adding the
following after section 28:
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Application to
court for
review of
level of
custody
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28.1 (1) Where a young person is placed in
secure custody pursuant to subsection 24.1(3)
or transferred to secure custody pursuant to
subsection 24.2(11), the youth court shall
review the level of custody if an application
therefor is made by the young person or the
young person's parent.
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Report
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(2) The youth court shall, before conducting
a review under this section, require the
provincial director to cause to be prepared,
and to submit to the youth court, a report
setting out the reasons for the placement or
transfer.
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Provisions
apply
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(3) The provisions of subsections 14(4)
to (10) apply, with such modifications as the
circumstances require, in respect of the report
referred to in subsection (2), and the
provisions of subsections 28(11) to (16) apply,
with such modifications as the circumstances
require, to every review under this section.
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Decision of
the youth
court
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(4) Where the youth court conducts a
review under this section, it may, after
affording the young person, the young
person's parents and the provincial director an
opportunity to be heard, confirm or alter the
level of custody, having regard to the needs of
the young person and the interests of society.
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Decision is
final
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(5) A decision of the youth court on a review
under this section in respect of any particular
placement or transfer is, subject to any
subsequent order made pursuant to a review
under section 28 or 29, final.
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R.S., c. 24
(2nd Supp.),
s. 22(1)
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24. (1) Paragraph 29(1)(a) of the Act is
replaced by the following:
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R.S., c. 1 (4th
Supp.), s. 40
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(2) Subsection 29(3) of the Act is replaced
by the following:
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Subsections
28(5), (7) to
(10) and (12)
to (17) apply
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(3) Subject to subsection (4),
subsections 28(5), (7) to (10) and (12) to (17)
apply, with such modifications as the
circumstances require, in respect of reviews
made under this section and any notice
required under subsection 28(12) shall be
given to the provincial director.
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(3) Subsection 29(4) of the Act is amended
by adding the following after paragraph
(c):
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25. Paragraph 35(1)(b) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (ii), by adding the
word ``or'' at the end of subparagraph (iii)
and by adding the following after
subparagraph (iii):
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26. Paragraph 36(1)(b) of the Act is
replaced by the following:
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27. (1) Section 38 of the Act is amended by
adding the following after subsection (1.1):
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Preparation of
reports
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(1.11) Subsection (1) does not apply in
respect of the disclosure of information by the
provincial director or a youth worker where
the disclosure is necessary for procuring
information that relates to the preparation of
any report required by this Act.
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No
subsequent
disclosure
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(1.12) No person to whom information is
disclosed pursuant to subsection (1.11) shall
disclose that information to any other person
unless the disclosure is necessary for the
purpose of preparing the report for which the
information was disclosed.
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Schools and
others
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(1.13) Subsection (1) does not apply in
respect of the disclosure of information to any
professional or other person engaged in the
supervision or care of a young person,
including the representative of any school
board or school or any other educational or
training institution, by the provincial director,
a youth worker, a peace officer or any other
person engaged in the provision of services to
young persons where the disclosure is
necessary
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No
subsequent
disclosure
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(1.14) No person to whom information is
disclosed pursuant to subsection (1.13) shall
disclose that information to any other person
unless the disclosure is necessary for a
purpose referred to in that subsection.
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Information to
be kept
separate
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(1.15) Any person to whom information is
disclosed pursuant to subsections (1.13)
and (1.14) shall
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(2) Section 38 of the Act is amended by
adding the following after subsection (1.4):
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Disclosure
with court
order
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(1.5) The youth court may, on the
application of the provincial director, the
Attorney General or an agent of the Attorney
General or a peace officer, make an order
permitting the applicant to disclose to such
person or persons as are specified by the court
such information about a young person as is
specified if the court is satisfied that the
disclosure is necessary, having regard to the
following:
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Opportunity
to be heard
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(1.6) Subject to subsection (1.7), before
making an order under subsection (1.5), the
youth court shall afford the young person, the
young person's parents, the Attorney General
or an agent of the Attorney General an
opportunity to be heard.
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Ex parte
application
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(1.7) An application under subsection (1.5)
may be made ex parte by the Attorney General
or an agent of the Attorney General where the
youth court is satisfied that reasonable efforts
have been made to locate the young person
and that those efforts have not been
successful.
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Time limit
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(1.8) No information may be disclosed
pursuant to subsection (1.5) after the record to
which the information relates ceases to be
available for inspection under
subsection 45(1).
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(3) The portion of subsection 38(2) of the
Act before paragraph (a) is replaced by the
following:
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Contravention
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(2) Every one who contravenes
subsection (1), (1.12), (1.14) or (1.15)
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R.S., c. 24
(2nd Supp.),
s. 31
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28. Section 41 of the Act is replaced by the
following:
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Records in
central
repository
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41. (1) A record of any offence that a young
person has been charged with having
committed may, where the offence is 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, be kept in such central
repository as the Commissioner of the Royal
Canadian Mounted Police may, from time to
time, designate for the purpose of keeping
criminal history files or records on offenders
or keeping records for the identification of
offenders.
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Police force
may provide
record
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(2) Where a young person is charged with
having committed an offence referred to in
subsection (1), the police force responsible
for the investigation of the offence may
provide a record of the offence, including the
original or a copy of any fingerprints,
palmprints or photographs and any other
measurement, process or operation referred to
in the Identification of Criminals Act taken of,
or applied in respect of, the young person by
or on behalf of the police force, for inclusion
in any central repository designated pursuant
to subsection (1).
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Police force
shall provide
record
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(3) Where a young person is found guilty of
an offence referred to in subsection (1), the
police force responsible for the investigation
of the offence shall provide a record of the
offence, including the original or a copy of any
fingerprints, palmprints or photographs and
any other measurement, process or operation
referred to in the Identification of Criminals
Act taken of, or applied in respect of, the
young person by or on behalf of the police
force, for inclusion in any central repository
designated pursuant to subsection (1).
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29. Subsection 44(2) of the Act is replaced
by the following:
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Limitation
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(2) No fingerprints, palmprints or
photograph or any 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
referred to in that Act.
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R.S., c. 24
(2nd Supp.),
s. 34
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30. (1) Paragraph 44.1(1)(b) of the Act is
replaced by the following:
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(2) Paragraph 44.1(1)(f) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (i) and by adding
the following after subparagraph (ii):
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R.S., c. 24
(2nd Supp.),
s. 35
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31. (1) The portion of subsection 45(1) of
the Act before paragraph (a) is replaced by
the following:
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Non-disclosur
e
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45. (1) Subject to sections 45.01, 45.1 and
45.2, records kept pursuant to sections 40 to 43
may not be made available for inspection
under section 44.1 or 44.2 in the following
circumstances:
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R.S., c. 24
(2nd Supp.),
s. 35
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(2) Paragraphs 45(1)(e) and (f) of the Act
are replaced by the following:
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R.S., c. 24
(2nd Supp.),
s. 35
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(3) Subsection 45(2) of the Act is replaced
by the following:
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Destruction of
record
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(2) Subject to subsections (2.1) and (2.2),
when the circumstances set out in
subsection (1) are realized in respect of any
record kept pursuant to section 41, the record
shall be destroyed forthwith.
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Transfer of
records
relating to
serious
offences
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(2.1) Where a special records repository has
been established pursuant to
subsection 45.02(1), all records in the central
repository referred to in subsection 41(1) that
relate to a conviction for first degree murder
or second degree murder within the meaning
of section 231 of the Criminal Code or an
offence referred to in the schedule shall, when
the circumstances set out in subsection (1) are
realized in respect of the records, be
transferred to that special records repository.
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Transfer of
fingerprints
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(2.2) Where a special fingerprints
repository has been established pursuant to
subsection 45.03(1), all fingerprints and any
information necessary to identify the person to
whom the fingerprints belong that are in the
central repository referred to in
subsection 41(1) shall, when the
circumstances set out in subsection (1) are
realized in respect of the records, be
transferred to that special fingerprints
repository.
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Meaning of
``destroy''
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(2.3) For the purposes of subsection (2),
``destroy'', in respect of a record, means
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Transitional
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(4) Paragraphs 45(1)(d.1) to (e) of the Act,
as enacted by subsection (2), apply in
respect of a record relating to a finding of
guilt made before the coming into force of
that subsection only if the person to whom
the record relates applies, after the coming
into force of that subsection, to the Royal
Canadian Mounted Police to have those
paragraphs apply.
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32. The Act is amended by adding the
following after section 45:
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