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| Effect of end
of access
periods
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127. (1) Subject to sections 122, 123 and
125, after the end of the applicable period set
out in section 118 or 119 no record kept under
sections 113 to 115 may be used for any
purpose that would identify the young person
to whom the record relates as a young person
dealt with under this Act or the Young
Offenders Act, chapter Y-1 of the Revised
Statutes of Canada, 1985.
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| Disposal of
records
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(2) Subject to paragraph 124(7)(c), any
record kept under sections 113 to 115, other
than a record kept under subsection 114(3),
may, in the discretion of the person or body
keeping the record, be destroyed or
transmitted to the National Archivist of
Canada or the archivist for any province, at
any time before or after the end of the
applicable period set out in section 118.
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| Disposal of
R.C.M.P.
records
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(3) All records kept under subsection 114(3)
shall be destroyed or, if the National Archivist
of Canada requires it, transmitted to the
National Archivist of Canada, at the end of the
applicable period set out in section 118 or 119.
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| Purging
C.P.I.C.
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(4) The Commissioner of the Royal
Canadian Mounted Police shall remove a
record from the automated criminal
conviction records retrieval system
maintained by the Royal Canadian Mounted
Police at the end of the applicable period
referred to in section 118; however,
information relating to a prohibition order
made under an Act of Parliament or the
legislature of a province shall be removed
only at the end of the period for which the
order is in force.
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| Authority to
inspect
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(5) The National Archivist of Canada may,
at any time, inspect records kept under
sections 113 to 115 that are under the control
of a government institution as defined in
section 2 of the National Archives of Canada
Act, and the archivist for a province may at any
time inspect any records kept under those
sections that the archivist is authorized to
inspect under any Act of the legislature of the
province.
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| Definition of
``destroy''
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(6) For the purposes of subsections (2) and
(3), ``destroy'', in respect of a record, means
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(a) to shred, burn or otherwise physically
destroy the record, in the case of a record
other than a record in electronic form; and
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(b) to delete, write over or otherwise render
the record inaccessible, in the case of a
record in electronic form.
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| No
subsequent
disclosure
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128. No person who is given access to a
record or to whom information is disclosed
under this Act shall disclose that information
to any other person unless the disclosure is
authorized under this Act.
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| Disqualificati
on of judge
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129. (1) Subject to subsection (2), a youth
justice court judge who, prior to an
adjudication in respect of a young person
charged with an offence, examines a
pre-sentence report made in respect of the
young person in connection with that offence
or has, after a guilty plea or a finding of guilt,
heard submissions as to sentence and then
there has been a change of plea, shall not in
any capacity conduct or continue the trial of
the young person for the offence and shall
transfer the case to another judge to be dealt
with according to law.
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| Exception
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(2) A youth justice court judge may, in the
circumstances referred to in subsection (1),
with the consent of the young person and the
prosecutor, conduct or continue the trial of the
young person if the judge is satisfied that he or
she has not been predisposed by a guilty plea
or finding of guilt, or by information
contained in the pre-sentence report or
submissions as to sentence.
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| Powers of
substitute
youth justice
court judge
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130. (1) A youth justice court judge who
acts in the place of another youth justice court
judge under subsection 669.2(1) of the
Criminal Code shall
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(a) if an adjudication has been made,
proceed to sentence the young person or
make the order that, in the circumstances, is
authorized by law; or
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(b) if no adjudication has been made,
recommence the trial as if no evidence had
been taken.
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| Transcript of
evidence
already given
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(2) A youth justice court judge who
recommences a trial under paragraph (1)(b)
may, if the parties consent, admit into
evidence a transcript of any evidence already
given in the case.
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| Exclusion
from hearing
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131. (1) Subject to subsection (2), a court or
justice before whom proceedings are carried
out under this Act may exclude any person
from all or part of the proceedings if the court
or justice considers that the person's presence
is unnecessary to the conduct of the
proceedings and the court or justice is of the
opinion that
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(a) any evidence or information presented
to the court or justice would be seriously
injurious or seriously prejudicial to
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(i) the young person who is being dealt
with in the proceedings,
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(ii) a child or young person who is a
witness in the proceedings, or
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(iii) a child or young person who is
aggrieved by or the victim of the offence
charged in the proceedings; or
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(b) it would be in the interest of public
morals, the maintenance of order or the
proper administration of justice to exclude
any or all members of the public from the
court room.
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| Exception
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(2) Subject to section 650 of the Criminal
Code and except if it is necessary for the
purposes of subsection 34(9) of this Act, a
court or justice may not, under subsection (1),
exclude from proceedings under this Act
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(b) the young person who is being dealt with
in the proceedings, the counsel or a parent
of the young person or any adult assisting
the young person under subsection 25(7);
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(c) the provincial director or his or her
agent; or
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(d) the youth worker to whom the young
person's case has been assigned.
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| Exclusion
after
adjudication
or during
review
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(3) A youth justice court, after it has found
a young person guilty of an offence, or a youth
justice court or a review board, during a
review, may, in its discretion, exclude from
the court or from a hearing of the review board
any person other than the following, when it is
being presented with information the
knowledge of which might, in its opinion, be
seriously injurious or seriously prejudicial to
the young person:
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(a) the young person or his or her counsel;
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(b) the provincial director or his or her
agent;
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(c) the youth worker to whom the young
person's case has been assigned; and
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(d) the Attorney General.
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| Exception
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(4) The exception set out in paragraph
(3)(a) is subject to subsection 34(9) of this Act
and section 650 of the Criminal Code.
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| Transfer of
charges
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132. Despite subsections 478(1) and (3) of
the Criminal Code, a young person charged
with an offence that is alleged to have been
committed in one province may, if the
Attorney General of the province consents,
appear before a youth justice court of any
other province and
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(a) if the young person pleads guilty to that
offence and the youth justice court is
satisfied that the facts support the charge,
the court shall find the young person guilty
of the offence alleged in the information;
and
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(b) if the young person pleads not guilty to
that offence, or pleads guilty but the court
is not satisfied that the facts support the
charge, the young person shall, if he or she
was detained in custody prior to the
appearance, be returned to custody and
dealt with according to law.
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| Applications
for forfeiture
of
recognizances
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133. Applications for the forfeiture of
recognizances of young persons shall be made
to the youth justice court.
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| Proceedings
in case of
default
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134. (1) When a recognizance binding a
young person has been endorsed with a
certificate under subsection 770(1) of the
Criminal Code, a youth justice court judge
shall,
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(a) on the request of the Attorney General,
fix a time and place for the hearing of an
application for the forfeiture of the
recognizance; and
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(b) after fixing a time and place for the
hearing, cause to be sent by confirmed
delivery service, not less than ten days
before the time so fixed, to each principal
and surety named in the recognizance,
directed to his or her latest known address,
a notice requiring him or her to appear at the
time and place fixed by the judge to show
cause why the recognizance should not be
forfeited.
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| Order for
forfeiture of
recognizance
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(2) When subsection (1) is complied with,
the youth justice court judge may, after giving
the parties an opportunity to be heard, in his or
her discretion grant or refuse the application
and make any order with respect to the
forfeiture of the recognizance that he or she
considers proper.
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| Judgment
debtors of the
Crown
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(3) If, under subsection (2), a youth justice
court judge orders forfeiture of a
recognizance, the principal and his or her
sureties become judgment debtors of the
Crown, each in the amount that the judge
orders him or her to pay.
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| Order may be
filed
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(4) An order made under subsection (2) may
be filed with the clerk of the superior court or,
in the province of Quebec, the prothonotary
and, if an order is filed, the clerk or the
prothonotary shall issue a writ of fieri facias in
Form 34 set out in the Criminal Code and
deliver it to the sheriff of each of the territorial
divisions in which any of the principal and his
or her sureties resides, carries on business or
has property.
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| If a deposit
has been
made
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(5) If a deposit has been made by a person
against whom an order for forfeiture of a
recognizance has been made, no writ of fieri
facias shall issue, but the amount of the
deposit shall be transferred by the person who
has custody of it to the person who is entitled
by law to receive it.
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| Subsections
770(2) and (4)
of Criminal
Code do not
apply
|
(6) Subsections 770(2) and (4) of the
Criminal Code do not apply in respect of
proceedings under this Act.
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| Sections 772
and 773 of
Criminal
Code apply
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(7) Sections 772 and 773 of the Criminal
Code apply in respect of writs of fieri facias
issued under this section as if they were issued
under section 771 of that Act.
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| Inducing a
young person,
etc.
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135. (1) Every person who
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(a) induces or assists a young person to
leave unlawfully a place of custody or other
place in which the young person has been
placed in accordance with a youth sentence
or a disposition imposed under the Young
Offenders Act, chapter Y-1 of the Revised
Statutes of Canada, 1985,
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(b) unlawfully removes a young person
from a place referred to in paragraph (a),
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(c) knowingly harbours or conceals a young
person who has unlawfully left a place
referred to in paragraph (a),
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(d) wilfully induces or assists a young
person to breach or disobey a term or
condition of a youth sentence or other order
of the youth justice court, or a term or
condition of a disposition or other order
under the Young Offenders Act, chapter Y-1
of the Revised Statutes of Canada, 1985, or
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(e) wilfully prevents or interferes with the
performance by a young person of a term or
condition of a youth sentence or other order
of the youth justice court, or a term or
condition of a disposition or other order
under the Young Offenders Act, chapter Y-1
of the Revised Statutes of Canada, 1985,
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is guilty of an indictable offence and liable to
imprisonment for a term not exceeding two
years or is guilty of an offence punishable on
summary conviction.
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| Absolute
jurisdiction of
provincial
court judge
|
(2) The jurisdiction of a provincial court
judge to try an adult charged with an
indictable offence under this section is
absolute and does not depend on the consent
of the accused.
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| Failure to
comply with
sentence or
disposition
|
136. Every person who is subject to a youth
sentence imposed under any of paragraphs
41(2)(c) to (m) or (r) of this Act or a
disposition made under any of paragraphs
20(1)(a.1) to (g), (j) or (l) of the Young
Offenders Act, chapter Y-1 of the Revised
Statutes of Canada, 1985, and who wilfully
fails or refuses to comply with that sentence or
disposition is guilty of an offence punishable
on summary conviction.
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| Offences
|
137. (1) Every person who contravenes
subsection 109(1), 110(1), 117(1) or 127(3) or
section 128 of this Act, or subsection 38(1),
(1.12), (1.14) or (1.15), 45(2) or 46(1) of the
Young Offenders Act, chapter Y-1 of the
Revised Statutes of Canada, 1985,
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding two years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Provincial
court judge
has absolute
jurisdiction on
indictment
|
(2) The jurisdiction of a provincial court
judge to try an adult charged with an offence
under paragraph (1)(a) is absolute and does
not depend on the consent of the accused.
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| Offence and
punishment
|
138. (1) Every person who wilfully fails to
comply with section 30, or with an
undertaking entered into under subsection
31(3),
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(a) is guilty of an indictable offence and
liable to imprisonment for a term not
exceeding two years; or
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(b) is guilty of an offence punishable on
summary conviction.
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| Offence and
punishment
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(2) Every person who wilfully fails to
comply with section 7 of the Young Offenders
Act, chapter Y-1 of the Revised Statutes of
Canada, 1985, or with an undertaking entered
into under subsection 7.1(2) of that Act is
guilty of an offence punishable on summary
conviction.
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| Punishment
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(3) Any person who uses or authorizes the
use of an application form in contravention of
subsection 81(3) is guilty of an offence
punishable on summary conviction.
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