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(ii) any parent of the young person who
is in attendance at the proceedings
against the young person,
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(iii) any counsel representing the young
person, and
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(b) may cause a copy of the report to be
given to a parent of the young person who
is not in attendance at the proceedings if the
parent is, in the opinion of the court, taking
an active interest in the proceedings.
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| Cross-examin
ation
|
(6) If a pre-sentence report made in respect
of a young person is submitted to a youth
justice court, the young person, his or her
counsel or the adult assisting the young person
under subsection 25(7) and the prosecutor
shall, subject to subsection (7), on application
to the court, be given the opportunity to
cross-examine the person who made the
report.
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| Report may
be withheld
from private
prosecutor
|
(7) If a pre-sentence report made in respect
of a young person is submitted to a youth
justice court, the court may, when the
prosecutor is a private prosecutor and
disclosure of all or part of the report to the
prosecutor might, in the opinion of the court,
be prejudicial to the young person and is not,
in the opinion of the court, necessary for the
prosecution of the case against the young
person,
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(a) withhold the report or part from the
prosecutor, if the report is submitted in
writing; or
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(b) exclude the prosecutor from the court
during the submission of the report or part,
if the report is submitted orally in court.
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| Report
disclosed to
other persons
|
(8) If a pre-sentence report made in respect
of a young person is submitted to a youth
justice court, the court
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(a) shall, on request, cause a copy or a
transcript of the report to be supplied to
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(i) any court that is dealing with matters
relating to the young person, and
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(ii) any youth worker to whom the young
person's case has been assigned; and
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(b) may, on request, cause a copy or a
transcript of all or part of the report to be
supplied to any person not otherwise
authorized under this section to receive a
copy or a transcript of the report if, in the
opinion of the court, the person has a valid
interest in the proceedings.
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| Disclosure by
the provincial
director
|
(9) A provincial director who submits a
pre-sentence report made in respect of a young
person to a youth justice court may make all
or part of the report available to any person in
whose custody or under whose supervision the
young person is placed or to any other person
who is directly assisting in the care or
treatment of the young person.
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Inadmissi-
bility of
statements
|
(10) No statement made by a young person
in the course of the preparation of a
pre-sentence report in respect of the young
person is admissible in evidence against any
young person in civil or criminal proceedings
except those under section 41, 59 or 71 or any
of sections 93 to 95.
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Recommen-
dation of
conference
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40. When a youth justice court finds a
young person guilty of an offence, the court
may refer the matter to a conference for
recommendations to the court on an
appropriate youth sentence.
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Considera-
tions as to
youth
sentence
|
41. (1) A youth justice court shall, before
imposing a youth sentence, consider any
recommendations submitted under section 40,
any pre-sentence report, any representations
made by the parties to the proceedings or their
counsel or agents and by the parents of the
young person, and any other relevant
information before the court.
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| Youth
sentence
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(2) When a youth justice court finds a young
person guilty of an offence and is imposing a
youth sentence, the court shall, subject to this
section, impose any one of the following
sanctions or any number of them that are not
inconsistent with each other and, if the offence
is first degree murder or second degree murder
within the meaning of section 231 of the
Criminal Code, the court shall impose a
sanction set out in paragraph (p) or
subparagraph (q)(ii) or (iii) and may impose
any other of the sanctions set out in this
subsection that the court considers
appropriate:
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(a) reprimand the young person;
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(b) by order direct that the young person be
discharged absolutely, if the court considers
it to be in the best interests of the young
person and not contrary to the public
interest;
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(c) by order direct that the young person be
discharged on any conditions that the court
considers appropriate and be required to
report to and be supervised by the
provincial director;
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(d) impose on the young person a fine not
exceeding $1,000 to be paid at the time and
on the terms that the court may fix;
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(e) order the young person to pay to any
other person at the times and on the terms
that the court may fix an amount by way of
compensation for loss of or damage to
property or for loss of income or support, or
an amount for, in the Province of Quebec,
pre-trial pecuniary loss or, in any other
province, special damages, for personal
injury arising from the commission of the
offence if the value is readily ascertainable,
but no order shall be made for other
damages in the Province of Quebec or for
general damages in any other province;
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(f) order the young person to make
restitution to any other person of any
property obtained by the young person as a
result of the commission of the offence
within the time that the court may fix, if the
property is owned by the other person or
was, at the time of the offence, in his or her
lawful possession;
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(g) if property obtained as a result of the
commission of the offence has been sold to
an innocent purchaser, where restitution of
the property to its owner or any other person
has been made or ordered, order the young
person to pay the purchaser, at the time and
on the terms that the court may fix, an
amount not exceeding the amount paid by
the purchaser for the property;
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(h) subject to section 53, order the young
person to compensate any person in kind or
by way of personal services at the time and
on the terms that the court may fix for any
loss, damage or injury suffered by that
person in respect of which an order may be
made under paragraph (e) or (g);
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(i) subject to section 53, order the young
person to perform a community service at
the time and on the terms that the court may
fix, and to report to and be supervised by the
provincial director or a person designated
by the youth justice court;
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(j) subject to section 50, make any order of
prohibition, seizure or forfeiture that may
be imposed under any Act of Parliament or
any regulation made under it if an accused
is found guilty or convicted of that offence,
other than an order under section 161 of the
Criminal Code;
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(k) place the young person on probation in
accordance with section 54 for a specified
period not exceeding two years;
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(l) subject to subsection (3), order the young
person into an intensive support and
supervision program as directed by the
provincial director;
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(m) subject to subsection (3) and section 53,
order the young person to attend a facility
offering a program approved by the
provincial director, at the times and on the
terms that the court may fix, for a maximum
of two hundred and forty hours, over a
period not exceeding six months;
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(n) make a custody and supervision order
with respect to the young person, ordering
that a period be served in custody and that
a second period - which is one half as long
as the first - be served, subject to sections
96 and 97, under supervision in the
community subject to conditions, the total
of the periods not to exceed two years from
the date of the coming into force of the order
or, if the young person is found guilty of an
offence for which the punishment provided
by the Criminal Code or any other Act of
Parliament is imprisonment for life, three
years from the date of coming into force of
the order;
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(o) subject to subsection (5), make a
deferred custody and supervision order that
is for a specified period not exceeding six
months, subject to any conditions set out in
section 54 that the court considers
appropriate;
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(p) order the young person to serve a
sentence not to exceed
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(i) in the case of first degree murder, ten
years comprised of
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(A) a committal to custody, to be
served continuously, for a period that
must not, subject to subsection 103(1),
exceed six years from the date of
committal, and
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(B) a placement under conditional
supervision to be served in the
community in accordance with section
104, and
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(ii) in the case of second degree murder,
seven years comprised of
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(A) a committal to custody, to be
served continuously, for a period that
must not, subject to subsection 103(1),
exceed four years from the date of
committal, and
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(B) a placement under conditional
supervision to be served in the
community in accordance with section
104;
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(q) subject to subsection (7), make an
intensive rehabilitative custody and
supervision order in respect of the young
person
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(i) that is for a specified period that must
not exceed
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(A) two years from the date of
committal, or
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(B) if the young person is found guilty
of an offence for which the punishment
provided by the Criminal Code or any
other Act of Parliament is
imprisonment for life, three years from
the date of committal,
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and that orders the young person to be
committed into a continuous period of
intensive rehabilitative custody for the
first portion of the sentence and, subject
to subsection 103(1), to serve the
remainder under conditional supervision
in the community in accordance with
section 104,
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(ii) that is for a specified period that must
not exceed, in the case of first degree
murder, ten years from the date of
committal, comprising
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(A) a committal to intensive
rehabilitative custody, to be served
continuously, for a period that must not
exceed six years from the date of
committal, and
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(B) subject to subsection 103(1), a
placement under conditional
supervision to be served in the
community in accordance with section
104, and
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(iii) that is for a specified period that must
not exceed, in the case of second degree
murder, seven years from the date of
committal, comprising
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(A) a committal to intensive
rehabilitative custody, to be served
continuously, for a period that must not
exceed four years from the date of
committal, and
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(B) subject to subsection 103(1), a
placement under conditional
supervision to be served in the
community in accordance with section
104; and
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(r) impose on the young person any other
reasonable and ancillary conditions that the
court considers advisable and in the best
interests of the young person and the public.
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| Agreement of
provincial
director
|
(3) A youth justice court may make an order
under paragraph (2)(l) or (m) only with the
agreement of the provincial director.
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| Youth justice
court
statement
|
(4) When the youth justice court makes a
custody and supervision order with respect to
a young person under paragraph (2)(n), the
court shall state the following with respect to
that order:
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You are ordered to serve (state the number
of days or months to be served) in custody,
to be followed by (state one-half of the
number of days or months stated above) to
be served under supervision in the
community subject to conditions.
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If you breach any of the conditions while
you are under supervision in the
community, you may be brought back into
custody and required to serve the rest of the
second period in custody as well.
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You should also be aware that, under other
provisions of the Youth Criminal Justice
Act, a court could require you to serve the
second period in custody as well.
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| Deferred
custody and
supervision
order
|
(5) The court may make a deferred custody
and supervision order under paragraph (2)(o)
if
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(a) the young person is found guilty of a
non-violent offence; and
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(b) it is consistent with the purpose and
principles set out in section 37 and the
criteria set out in section 38.
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| Termination
of order
|
(6) If a young person complies with the
conditions of a deferred custody and
supervision order made under paragraph
(2)(o), or any conditions as amended by
section 56, for the entire period that the order
is in force, the order is terminated.
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| Intensive
rehabilitative
custody and
supervision
order
|
(7) A youth justice court may make an
intensive rehabilitative custody and
supervision order under paragraph (2)(q) in
respect of a young person only if
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(a) the young person has been found guilty
of a presumptive offence;
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(b) the young person is suffering from a
mental illness or disorder, a psychological
disorder or an emotional disturbance;
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(c) a plan of treatment and intensive
supervision has been developed for the
young person, and there are reasonable
grounds to believe that the plan might
reduce the risk of the young person
repeating the offence or committing other
presumptive offences; and
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(d) the provincial director consents to the
young person's participation in the
program.
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Determi-
nation by
court
|
(8) On application of the Attorney General
after a young person is found guilty of an
offence, and after giving both parties an
opportunity to be heard, the youth justice
court may make a judicial determination that
the offence is a serious violent offence and
endorse the information accordingly.
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Determi-
nation is part
of sentence
|
(9) For the purposes of an appeal in
accordance with section 36, a determination
under subsection (8) is part of the sentence.
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| Inconsistency
|
(10) An order may not be made under
paragraphs (2)(k) to (m) in respect of an
offence for which a conditional discharge has
been granted under paragraph (2)(c).
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| Coming into
force of youth
sentence
|
(11) A youth sentence or any part of it
comes into force on the date on which it is
imposed or on any later date that the youth
justice court specifies.
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| Duration of
youth
sentence for a
single offence
|
(12) No youth sentence, other than an order
made under paragraph (2)(j), (n), (p) or (q),
shall continue in force for more than two years
and, if the youth sentence comprises more
than one sanction imposed at the same time in
respect of the same offence, the combined
duration of the sanctions, except in respect of
an order made under paragraph (2)(j), (n), (p)
or (q), shall not exceed two years.
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| Duration of
youth
sentence for
different
offences
|
(13) Subject to subsection (14), if more than
one youth sentence is imposed under this
section in respect of a young person with
respect to different offences, the continuous
combined duration of those youth sentences
shall not exceed three years, except if one of
the offences is first degree murder or second
degree murder within the meaning of section
231 of the Criminal Code, in which case the
continuous combined duration of those youth
sentences shall not exceed ten years in the case
of first degree murder, or seven years in the
case of second degree murder.
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| Duration of
youth
sentences
made at
different times
|
(14) If a youth sentence is imposed in
respect of an offence committed by a young
person after the commencement of, but before
the completion of, any youth sentences
imposed on the young person,
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(a) the duration of the sentence imposed in
respect of the subsequent offence shall be
determined in accordance with subsections
(12) and (13);
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(b) the sentence may be served
consecutively to the sentences imposed in
respect of the previous offences; and
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(c) the combined duration of all the
sentences may exceed three years and, if the
offence is, or one of the previous offences
was,
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(i) first degree murder within the
meaning of section 231 of the Criminal
Code, the continuous combined duration
of the youth sentences may exceed ten
years, or
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(ii) second degree murder within the
meaning of section 231 of the Criminal
Code, the continuous combined duration
of the youth sentences may exceed seven
years.
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| Consecutive
youth
sentences
|
(15) A youth justice court that sentences a
young person may direct that terms of custody
imposed on the young person be served
consecutively if the young person
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(a) is sentenced while under sentence for an
offence, and the court imposes a term of
custody; or
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(b) is found guilty of more than one offence,
and the court imposes terms of custody for
the respective offences.
|
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| Sentence
continues
when adult
|
(16) Subject to sections 88, 91 and 92 of this
Act and section 743.5 of the Criminal Code, a
youth sentence imposed on a young person
continues in effect in accordance with its
terms after the young person becomes an
adult.
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| Additional
youth
sentences
|
42. Subject to subsection 41(13), if a young
person who is subject to a youth sentence
imposed under paragraph 41(2)(n), (p) or (q)
that has not expired receives an additional
youth sentence under one of those paragraphs,
the young person is, for the purposes of the
Corrections and Conditional Release Act, the
Criminal Code, the Prisons and
Reformatories Act and this Act, deemed to
have been sentenced to one youth sentence
commencing at the beginning of the first of
those youth sentences to be served and ending
on the expiry of the last of them to be served.
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