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(b) a person participating in a conference, in
order to decide on the appropriate
extrajudicial measure; and
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(c) a peace officer, the Attorney General or
a person participating in a conference, if
access is required for the administration of
the case to which the record relates.
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| Exception
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(5) When a youth justice court has withheld
all or part of a report from any person under
subsection 34(9) or (10) or 39(7), that person
shall not be given access under subsection (1)
to that report or part.
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| Records of
assessments or
forensic DNA
analysis
|
(6) Access to a report made under section 34
or a record of the results of forensic DNA
analysis of a bodily substance taken from a
young person in execution of a warrant issued
under section 487.05 of the Criminal Code
may be given only under paragraphs (1)(a) to
(c), (e) to (h) and (q) and subparagraph
(1)(s)(ii).
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| Introduction
into evidence
|
(7) Nothing in paragraph (1)(h) or (q)
authorizes the introduction into evidence of
any part of a record that would not otherwise
be admissible in evidence.
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| Disclosures
for research or
statistical
purposes
|
(8) When access to a record is given to a
person under paragraph (1)(p) or
subparagraph (1)(s)(i), the person may
subsequently disclose information contained
in the record, but shall not disclose the
information in any form that would
reasonably be expected to identify the young
person to whom it relates.
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| Application of
usual rules
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(9) If, during the period of access to a record
under any of paragraphs (2)(g) to (j), the
young person is convicted of an offence
committed when he or she is an adult,
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(a) section 81 does not apply to the young
person in respect of the offence for which
the record is kept under sections 113 to 115;
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(b) this Part no longer applies to the record
and the record shall be dealt with as a record
of an adult; and
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(c) 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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| Records of
offences that
result in a
prohibition
order
|
(10) Despite anything in this Act, when a
young person is found guilty of an offence that
results in a prohibition order being made, and
the order is still in force at the end of the
applicable period for which access to a record
kept in respect of the order may be given under
subsection (2), the youth justice court may
disclose the record only to establish the
existence of the order in any offence involving
a breach of the order.
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| Access to
R.C.M.P.
records
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119. (1) The following persons may, during
the period set out in subsection (3), be given
access to a record kept under subsection
114(3) in respect of an offence set out in the
schedule:
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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) an employee or agent of the Government
of Canada, for statistical purposes under the
Statistics Act;
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(d) 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 is desirable in
the public interest for research or statistical
purposes;
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(e) the Attorney General or a peace officer,
when the young person is or has been
charged with another offence set out in the
schedule or the same offence more than
once, for the purpose of investigating any
offence that the young person is suspected
of having committed, or in respect of which
the young person has been arrested or
charged, whether as a young person or as an
adult;
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(f) the Attorney General or a peace officer
to establish the existence of an order in any
offence involving a breach of the order; and
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(g) any person for the purposes of the
Firearms Act.
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| Access for
identification
purposes
|
(2) During the period set out in subsection
(3), access to the portion of a record kept under
subsection 114(3) that contains the name, date
of birth and last known address of the young
person to whom the fingerprints belong, may
be given to a person for identification
purposes if a fingerprint identified as that of
the young person is found during the
investigation of an offence or during an
attempt to identify a deceased person or a
person suffering from amnesia.
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| Period of
access
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(3) For the purposes of subsections (1) and
(2), the period of access to a record kept under
subsection 114(3) in respect of an offence is
the following:
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(a) if the offence is an indictable offence,
other than a presumptive offence, the period
starting at the end of the applicable period
set out in paragraphs 118(2)(h) to (j) and
ending five years later; and
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(b) if the offence is 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), the
period starting at the end of the applicable
period set out in paragraphs 118(2)(h) to (j)
and continuing indefinitely.
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| Subsequent
offences as
young person
|
(4) If a young person who has been found
guilty of an offence set out in the schedule is,
during the period of access to a record under
subsection (3), found guilty of an additional
offence set out in the schedule, committed
when he or she was a young person, access to
the record may be given to the following
additional persons:
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(a) a parent of the young person or any adult
assisting the young person under subsection
25(7);
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(b) a judge, court or review board, for a
purpose relating to proceedings against the
young person under this Act or any other
Act of Parliament in respect of offences
committed or alleged to have been
committed by the young person, whether as
a young person or as an adult; or
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(c) a member of a department or agency of
a government in Canada, or an agent of the
department or agency, that is
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(i) preparing a report in respect of the
young person under this Act or for the
purpose of assisting a court in sentencing
the young person after the young person
becomes an adult,
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(ii) engaged in the supervision or care of
the young person, whether as a young
person or as an adult, or in the
administration of a sentence in respect of
the young person, whether as a young
person or as an adult, or
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(iii) considering an application for
conditional release or pardon made by
the young person after the young person
becomes an adult.
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| Disclosure for
research or
statistical
purposes
|
(5) A person who is given access to a record
under paragraph (1)(c) or (d) may
subsequently disclose information contained
in the record, but shall not disclose the
information in any form that would
reasonably be expected to identify the young
person to whom it relates.
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| Subsequent
offences as
adult
|
(6) If, during the period of access to a record
under subsection (3), the young person is
convicted of an additional offence set out in
the schedule, committed when he or she was
an adult,
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(a) this Part no longer applies to the record
and the record shall be dealt with as a record
of an adult and may be included on the
automated criminal conviction records
retrieval system maintained by the Royal
Canadian Mounted Police; and
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(b) 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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| Deemed
election
|
120. For the purposes of sections 118 and
119, if no election is made in respect of an
offence that may be prosecuted by indictment
or proceeded with by way of summary
conviction, the Attorney General is deemed to
have elected to proceed with the offence as an
offence punishable on summary conviction.
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| Disclosure of
information
and copies of
record
|
121. A person who is required or authorized
to be given access to a record under section
118, 119, 122 or 123 may be given any
information contained in the record and may
be given a copy of any part of the record.
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| Where records
may be made
available
|
122. (1) A youth justice court judge may, on
application by a person after the end of the
applicable period set out in subsection 118(2),
order that the person be given access to all or
part of a record kept under sections 113 to 115
or that a copy of the record or part be given to
that person,
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(a) if the youth justice court judge is
satisfied that
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(i) the person has a valid and substantial
interest in the record or part,
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(ii) it is necessary for access to be given
to the record or part in the interest of the
proper administration of justice, and
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(iii) disclosure of the record or part or the
information in it is not prohibited under
any other Act of Parliament or the
legislature of a province; or
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(b) if the youth court judge is satisfied that
access to the record or part is desirable in
the public interest for research or statistical
purposes.
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| Restriction for
par. (1)(a)
|
(2) Paragraph (1)(a) applies in respect of a
record relating to a particular young person or
to a record relating to a class of young persons
only if the identity of young persons in the
class at the time of the making of the
application referred to in that paragraph
cannot reasonably be ascertained and the
disclosure of the record is necessary for the
purpose of investigating any offence that a
person is suspected on reasonable grounds of
having committed against a young person
while the young person is, or was, serving a
sentence.
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| Notice
|
(3) Subject to subsection (4), an application
for an order under paragraph (1)(a) in respect
of a record shall not be heard unless the person
who makes the application has given the
young person to whom the record relates and
the person or body that has possession of the
record at least five days notice in writing of the
application, and the young person and the
person or body that has possession has had a
reasonable opportunity to be heard.
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| Where notice
not required
|
(4) A youth justice court judge may waive
the requirement in subsection (3) to give
notice to a young person when the judge is of
the opinion that
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(a) to insist on the giving of the notice
would frustrate the application; or
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(b) reasonable efforts have not been
successful in finding the young person.
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| Use of record
|
(5) In any order under subsection (1), the
youth justice court judge shall set out the
purposes for which the record may be used.
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| Disclosure for
research or
statistical
purposes
|
(6) When access to a record is given to any
person under paragraph (1)(b), that person
may subsequently disclose information
contained in the record, but shall not disclose
the information in any form that would
reasonably be expected to identify the young
person to whom it relates.
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| Access to
record by
young person
|
123. A young person to whom a record
relates may have access to the record at any
time.
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| Disclosure by
peace officer
during
investigation
|
124. (1) A peace officer may disclose to any
person any information in a record kept under
section 113 or 114 that it is necessary to
disclose in the conduct of the investigation of
an offence.
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| Disclosure by
Attorney
General
|
(2) The Attorney General may, in the course
of a proceeding under this Act or any other Act
of Parliament, disclose the following
information in a record kept under section 113
or 114:
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(a) to a person who is a co-accused with the
young person in respect of the offence for
which the record is kept, any information
contained in the record; and
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(b) to an accused in a proceeding, if the
record is in respect of a witness in the
proceeding, information that identifies the
witness as a young person who has been
dealt with under this Act.
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| Information
that may be
disclosed to a
foreign state
|
(3) The Attorney General or a peace officer
may disclose to the Minister of Justice of
Canada information in a record that is kept
under section 113 or 114 to the extent that it is
necessary to deal with a request to or by a
foreign state under the Mutual Legal
Assistance in Criminal Matters Act, or for the
purposes of any extradition matter under the
Extradition Act. The Minister of Justice of
Canada may disclose the information to the
foreign state in respect of which the request
was made, or to which the extradition matter
relates, as the case may be.
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| Disclosure to
insurance
company
|
(4) A peace officer may disclose to an
insurance company information in a record
that is kept under section 113 or 114 for the
purpose of investigating a claim arising out of
an offence committed or alleged to have been
committed by the young person to whom the
record relates.
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| Preparation of
reports
|
(5) The provincial director or a youth
worker may disclose information contained in
a record if the disclosure is necessary for
procuring information that relates to the
preparation of a report required by this Act.
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| Schools and
others
|
(6) The provincial director, a youth worker,
a peace officer or any other person engaged in
the provision of services to young persons
may disclose 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 - any
information contained in a record kept under
sections 113 to 115 if the disclosure is
necessary
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(a) to ensure compliance by the young
person with an authorization under section
90 or an order of any court concerning bail,
probation, the serving of a portion of the
sentence in the community under
supervision or conditional supervision;
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(b) to ensure the safety of staff, students or
other persons; or
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(c) to facilitate the rehabilitation of the
young person.
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| Information to
be kept
separate
|
(7) A person to whom information is
disclosed under subsection (6) shall
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(a) keep the information separate from any
other record of the young person to whom
the information relates;
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(b) ensure that no other person has access to
the information except if authorized under
this Act, or if necessary for the purposes of
subsection (6); and
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(c) destroy their copy of the record when the
information is no longer required for the
purpose for which it was disclosed.
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| Time limit
|
(8) No information may be disclosed under
this section after the end of the applicable
period set out in subsection 118(2).
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| Records in the
custody, etc.,
of archivists
|
125. When records originally kept under
sections 113 to 115 are under the custody or
control of the National Archivist of Canada or
the archivist for any province, that person may
disclose any information contained in the
records to any other person if
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(a) the Attorney General is satisfied that the
disclosure is desirable in the public interest
for research or statistical purposes; and
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(b) the person to whom the information is
disclosed undertakes not to disclose the
information in any form that could
reasonably be expected to identify the
young person to whom it relates.
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| Disclosure
with court
order
|
126. (1) The youth justice court may, on the
application of the provincial director, the
Attorney General or a peace officer, make an
order permitting the applicant to disclose to
the person or persons specified by the court
any information about a young person that is
specified, if the court is satisfied that the
disclosure is necessary, having regard to the
following circumstances:
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(a) the young person has been found guilty
of an offence involving serious personal
injury;
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(b) the young person poses a risk of serious
harm to persons; and
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(c) the disclosure of the information is
relevant to the avoidance of that risk.
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| Opportunity
to be heard
|
(2) Subject to subsection (3), before making
an order under subsection (1), the youth
justice court shall give the young person, a
parent of the young person and the Attorney
General an opportunity to be heard.
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| Ex parte
application
|
(3) An application under subsection (1) may
be made ex parte by the Attorney General
where the youth justice 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
|
(4) No information may be disclosed under
subsection (1) after the end of the applicable
period set out in subsection 118(2).
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