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(a) a copy of the order; and
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(b) on request, a transcript or copy of the
reasons for the order.
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| Report
|
(4) Before causing the young person to be
brought before it, 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 that
may be of assistance to the court.
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| Provisions
apply
|
(5) Subsections 98(2) and (4) to (7) and
104(6) apply, with any modifications that the
circumstances require, in respect of a review
under this section.
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| Provisions
apply
|
(6) Section 100 applies, with any
modifications that the circumstances require,
in respect of an order made under subsection
(2).
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| Identity of
offender not
to be
published
|
109. (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.
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| Limitation
|
(2) Subsection (1) does not apply
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(a) in a case where the information relates
to a young person who is subject to an adult
sentence;
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(b) subject to sections 64 and 75, in a case
where the information relates to a young
person who is subject to a youth sentence
for an offence set out in paragraph (a) of the
definition ``presumptive offence'' in
subsection 2(1), or an offence set out in
paragraph (b) of that definition for which
the Attorney General has given notice
under subsection 63(2); and
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(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.
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| Exception
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(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 its publication.
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| 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
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(a) there is reason to believe that the young
person is a danger to others; and
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(b) publication of the information is
necessary to assist in apprehending the
young person.
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| Order ceases
to have effect
|
(5) An order made under subsection (4)
ceases to have effect five days after it is made.
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| 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.
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| Identity of
victim or
witness not to
be published
|
110. (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.
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| Exception
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(2) A child or 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 a victim or a witness.
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| 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.
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| Non-applicati
on
|
111. Once information is published under
subsection 109(3) or (6) or 110(2) or (3),
subsection 109(1) or 110(1), as the case may
be, no longer applies in respect of the
information.
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| Identification
of Criminals
Act applies
|
112. (1) The Identification of Criminals Act
applies in respect of young persons.
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| 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.
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| Youth justice
court, review
board and
other courts
|
113. 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.
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| Police records
|
114. (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.
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| 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.
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| 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.
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| Government
records
|
115. (1) A department or an agency of any
government in Canada may keep records
containing information obtained by the
department or agency
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(a) for the purposes of an investigation of an
offence alleged to have been committed by
a young person;
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(b) for use in proceedings against a young
person under this Act;
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(c) for the purpose of administering a youth
sentence or an order under the Firearms Act
or under section 810, 810.01 or 810.2 of the
Criminal Code;
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(d) for the purpose of considering whether
to use extrajudicial measures to deal with a
young person; or
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(e) as a result of the use of extrajudicial
measures to deal with a young person.
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| Other records
|
(2) A person or organization may keep
records containing information obtained by
the person or organization
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(a) as a result of the use of extrajudicial
measures to deal with a young person; or
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(b) for the purpose of administering or
participating in the administration of a
youth sentence.
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| Exception -
adult sentence
|
116. Sections 117 to 128 do not apply to
records kept in respect of an offence for which
an adult sentence has been imposed once the
time allowed for the taking of an appeal has
expired or, if an appeal is taken, all
proceedings in respect of the appeal have been
completed and the appeal court has upheld an
adult sentence. The record shall be dealt with
as a record of an adult and, for the purposes of
the Criminal Records Act, the finding of guilt
in respect of the offence for which the record
is kept is deemed to be a conviction.
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| No access
unless
authorized
|
117. (1) Except as authorized or required by
this Act, no person shall be given access to a
record kept under sections 113 to 115, and no
information contained in it may be given to
any person, where to do so would identify the
young person to whom it relates as a young
person dealt with under this Act.
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| Exception for
employees
|
(2) No person who is employed in keeping
or maintaining records referred to in
subsection (1) is restricted from doing
anything prohibited under subsection (1) with
respect to any other person so employed.
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| Persons
having access
to records
|
118. (1) Subject to subsections (4) to (6),
from the date that a record is created until the
end of the applicable period set out in
subsection (2), the following persons, on
request, shall be given access to a record kept
under section 113, and may be given access to
a record kept under sections 114 and 115:
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(a) the young person to whom the record
relates;
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(b) the young person's counsel, or any
representative of that counsel;
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(c) the Attorney General;
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(d) the victim of the offence or alleged
offence to which the record relates;
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(e) the parents of the young person, during
the course of any proceedings relating to the
offence or alleged offence to which the
record relates or during the term of any
youth sentence made in respect of the
offence;
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(f) any adult assisting the young person
under subsection 25(7), during the course of
any proceedings relating to the offence or
alleged offence to which the record relates
or during the term of any youth sentence
made in respect of the offence;
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(g) any peace officer for
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(i) law enforcement purposes, or
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(ii) any purpose related to the
administration of the case to which the
record relates, during the course of
proceedings against the young person or
the term of the youth sentence;
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(h) a judge, court or review board, for any
purpose relating to proceedings against the
young person, or proceedings against the
person after he or she becomes an adult, in
respect of offences committed or alleged to
have been committed by that person;
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(i) the provincial director, or the director of
the provincial correctional facility for
adults or the penitentiary at which the
young person is serving a youth sentence;
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(j) a person participating in a conference or
in the administration of extrajudicial
measures, if required for the administration
of the case to which the record relates;
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(k) a person acting as ombudsman, privacy
commissioner or information
commissioner, whatever his or her official
designation might be, who in the course of
his or her duties under an Act of Parliament
or the legislature of a province is
investigating a complaint to which the
record relates;
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(l) a coroner or a person acting as a child
advocate, whatever his or her official
designation might be, who is acting in the
course of his or her duties under an Act of
Parliament or the legislature of a province;
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(m) a person acting under the Firearms Act;
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(n) a member of a department or agency of
a government in Canada, or an agent of the
department or agency, who is
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(i) acting in the exercise of his or her
duties under this Act,
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(ii) engaged in the supervision or care of
the young person, whether as a young
person or an adult, or in an investigation
related to the young person under an Act
of the legislature of a province respecting
child welfare,
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(iii) considering an application for
conditional release or pardon made by
the young person, whether as a young
person or an adult,
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(iv) administering a prohibition order
made under an Act of Parliament or the
legislature of a province, or
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(v) administering a youth sentence, if the
young person has been committed to
custody and is serving the custody in a
provincial correctional facility for adults
or a penitentiary;
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(o) a person, for the purpose of determining
whether to grant security clearances
required by the Government of Canada or
the government of a province or a
municipality for purposes of employment
or the performance of services;
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(p) an employee or agent of the Government
of Canada, for statistical purposes under the
Statistics Act;
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(q) a person who, in the opinion of the court
or the Attorney General in any proceeding
against the person, must have access to the
record so that the person may make a full
answer and defence;
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(r) a person or a member of a class of
persons designated by order of the
Governor in Council, or the lieutenant
governor in council of the appropriate
province, for a purpose and to the extent
specified in the order; and
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(s) any person or member of a class of
persons that a youth justice court judge
considers has a valid interest in the record,
to the extent directed by the judge, if the
judge is satisfied that access to the record is
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(i) desirable in the public interest for
research or statistical purposes, or
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(ii) desirable in the interest of the proper
administration of justice.
|
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| Period of
access
|
(2) The period of access referred to in
subsection (1) is
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(a) if an extrajudicial sanction is used to
deal with the young person, the period
ending two years after the young person
consents to be subject to the sanction in
accordance with paragraph 10(2)(c);
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(b) if the young person is acquitted of the
offence otherwise than by reason of a
verdict of not criminally responsible on
account of mental disorder, the period
ending two months after the expiry of the
time allowed for the taking of an appeal or,
if an appeal is taken, the period ending three
months after all proceedings in respect of
the appeal have been completed;
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(c) if the charge against the young person is
dismissed for any reason other than
acquittal, the charge is withdrawn, or the
young person is found guilty of the offence
and a reprimand is given, the period ending
two months after the dismissal, withdrawal,
or finding of guilt;
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(d) if the charge against the young person is
stayed, with no proceedings being taken
against the young person for a period of one
year, at the end of that period;
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(e) if the young person is found guilty of the
offence and the youth sentence is an
absolute discharge, the period ending one
year after the young person is found guilty;
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(f) if the young person is found guilty of the
offence and the youth sentence is a
conditional discharge, the period ending
three years after the young person is found
guilty;
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(g) subject to paragraphs (i) and (j) and
subsection (9), if the young person is found
guilty of the offence and it is a summary
conviction offence, the period ending three
years after the youth sentence imposed in
respect of the offence has been completed;
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(h) subject to paragraphs (i) and (j) and
subsection (9), if the young person is found
guilty of the offence and it is an indictable
offence, the period ending five years after
the youth sentence imposed in respect of the
offence has been completed;
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(i) subject to subsection (9), if, during the
period calculated in accordance with
paragraph (g) or (h), the young person is
found guilty of an offence punishable on
summary conviction committed when he or
she was a young person, the latest of
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(i) the period calculated in accordance
with paragraph (g) or (h), as the case may
be, and
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(ii) the period ending three years after the
youth sentence imposed for that offence
has been completed; and
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(j) subject to subsection (9), if, during the
period calculated in accordance with
paragraph (g) or (h), the young person is
found guilty of an indictable offence
committed when he or she was a young
person, the period ending five years after
the sentence imposed for that indictable
offence has been completed.
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| Prohibition
orders not
included
|
(3) Prohibition orders made under an Act of
Parliament or the legislature of a province,
including any order made under section 50,
shall not be taken into account in determining
any period referred to in subsection (2).
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| Extrajudicial
measures
|
(4) Access to a record kept under section
114 or 115 in respect of extrajudicial
measures, other than extrajudicial sanctions,
used in respect of a young person, shall be
given only to the following persons for the
following purposes:
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(a) a peace officer or the Attorney General,
in order to a make a decision whether to
again use extrajudicial measures in respect
of the young person;
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