|
Application of the Criminal Code |
|
Application of
Criminal
Code
|
139. Except to the extent that it is
inconsistent with or excluded by this Act, the
provisions of the Criminal Code apply, with
any modifications that the circumstances
require, in respect of offences alleged to have
been committed by young persons.
|
|
Sections of
Criminal
Code
applicable
|
140. (1) Except to the extent that they are
inconsistent with or excluded by this Act,
section 16 and Part XX.1 of the Criminal
Code, except sections 672.65 and 672.66,
apply, with any modifications that the
circumstances require, in respect of
proceedings under this Act in relation to
offences alleged to have been committed by
young persons.
|
|
Notice and
copies to
counsel and
parents
|
(2) For the purposes of subsection (1),
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Proceedings
not invalid
|
(3) Subject to subsection (4), failure to give
a notice referred to in paragraph (2)(b) to a
parent of a young person does not affect the
validity of proceedings under this Act.
|
|
Exception
|
(4) Failure to give a notice referred to in
paragraph (2)(b) to a parent of a young person
in any case renders invalid any subsequent
proceedings under this Act relating to the case
unless
|
|
|
|
|
|
|
|
|
|
|
|
|
|
No hospital
order
assessments
|
(5) A youth justice court may not make an
order under section 672.11 of the Criminal
Code in respect of a young person for the
purpose of assisting in the determination of a
matter mentioned in paragraph (e) of that
section.
|
|
Considera- tions of court or Review Board making a disposition
|
(6) Before making or reviewing a
disposition in respect of a young person under
Part XX.1 of the Criminal Code, a youth
justice court or Review Board shall consider
the age and special needs of the young person
and any representations or submissions made
by a parent of the young person.
|
|
Cap
applicable to
young persons
|
(7) Subject to subsection (9), for the
purpose of applying subsection 672.64(3) of
the Criminal Code to proceedings under this
Act in relation to an offence alleged to have
been committed by a young person, the
applicable cap shall be the maximum period
during which the young person would be
subject to a youth sentence by the youth
justice court if found guilty of the offence.
|
|
Application to
increase cap
of unfit young
person subject
to adult
sentence
|
(8) If a young person is charged with a
presumptive offence or notice has been given
under subsection 63(2), and the young person
is found unfit to stand trial, the Attorney
General may apply to the court to increase the
cap that will apply to the young person.
|
|
Considera- tion of youth justice court for increase in cap
|
(9) The youth justice court, after giving the
Attorney General and the counsel and a parent
of the young person in respect of whom
subsection (8) applies an opportunity to be
heard, shall take into consideration
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
If the court is satisfied that it would make an
order under subsection 63(5) or 70(2) or
paragraph 72(1)(b) if the young person were
fit to stand trial, it shall apply to the young
person the cap that would apply to an adult for
the same offence.
|
|
Prima facie
case to be
made every
year
|
(10) For the purpose of applying subsection
672.33(1) of the Criminal Code to
proceedings under this Act in relation to an
offence alleged to have been committed by a
young person, wherever in that subsection a
reference is made to two years, there shall be
substituted a reference to one year.
|
|
Designation
of hospitals
for young
persons
|
(11) A reference in Part XX.1 of the
Criminal Code to a hospital in a province shall
be construed as a reference to a hospital
designated by the Minister of Health for the
province for the custody, treatment or
assessment of young persons.
|
|
Definition of
``Review
Board''
|
(12) In this section, ``Review Board'' has
the meaning assigned by section 672.1 of the
Criminal Code.
|
|
Part XXVII
and summary
conviction
trial
provisions of
Criminal
Code to apply
|
141. (1) Subject to this section and except
to the extent that they are inconsistent with
this Act, the provisions of Part XXVII of the
Criminal Code, and any other provisions of
that Act that apply in respect of summary
conviction offences and relate to trial
proceedings, apply to proceedings under this
Act
|
|
|
|
|
|
|
|
|
|
|
Indictable
offences
|
(2) For greater certainty and despite
subsection (1) or any other provision of this
Act, an indictable offence committed by a
young person is, for the purposes of this Act or
any other Act of Parliament, an indictable
offence.
|
|
Attendance of
young person
|
(3) Section 650 of the Criminal Code
applies in respect of proceedings under this
Act, whether the proceedings relate to an
indictable offence or an offence punishable on
summary conviction.
|
|
Limitation
period
|
(4) In proceedings under this Act,
subsection 786(2) of the Criminal Code does
not apply in respect of an indictable offence.
|
|
Costs
|
(5) Section 809 of the Criminal Code does
not apply in respect of proceedings under this
Act.
|
|
|
Procedure |
|
Counts
charged in
information
|
142. Indictable offences and offences
punishable on summary conviction may under
this Act be charged in the same information
and tried jointly.
|
|
Issue of
subpoena
|
143. (1) If a person is required to attend to
give evidence before a youth justice court, the
subpoena directed to that person may be
issued by a youth justice court judge, whether
or not the person whose attendance is required
is within the same province as the youth
justice court.
|
|
Service of
subpoena
|
(2) A subpoena issued by a youth justice
court and directed to a person who is not
within the same province as the youth justice
court shall be served personally on the person
to whom it is directed.
|
|
Warrant
|
144. A warrant issued by a youth justice
court may be executed anywhere in Canada.
|
|
|
Evidence |
|
General law
on
admissibility
of statements
to apply
|
145. (1) Subject to this section, the law
relating to the admissibility of statements
made by persons accused of committing
offences applies in respect of young persons.
|
|
When
statements are
admissible
|
(2) No oral or written statement made by a
young person who is less than eighteen years
old, to a peace officer or to any other person
who is, in law, a person in authority, on the
arrest or detention of the young person or in
circumstances where the peace officer or other
person has reasonable grounds for believing
that the young person has committed an
offence is admissible against the young person
unless
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Exception in
certain cases
for oral
statements
|
(3) The requirements set out in paragraphs
(2)(b) to (d) do not apply in respect of oral
statements if they are made spontaneously by
the young person to a peace officer or other
person in authority before that person has had
a reasonable opportunity to comply with those
requirements.
|
|
Waiver of
right to
consult
|
(4) A young person may waive the rights
under paragraph (2)(c) or (d) but any such
waiver
|
|
|
|
|
|
|
|
Waiver of
right to
consult
|
(5) When a waiver of rights under
paragraph (2)(c) or (d) is not made in
accordance with subsection (4), the youth
justice court may admit into evidence a
statement referred to in subsection (2) if it is
satisfied that the young person was informed
of his or her rights, and waived them.
|
|
Admissibility
of statements
|
(6) When there has been a failure to comply
with paragraphs (2)(b) to (d), the youth justice
court may, having regard to all the
circumstances and the principles and
objectives of this Act, admit into evidence a
statement referred to in subsection (2) if it is
satisfied that admission of the statement
would not bring the administration of justice
into disrepute.
|
|
Statements
made under
duress are
inadmissible
|
(7) A youth justice court judge may rule
inadmissible in any proceedings under this
Act a statement made by the young person in
respect of whom the proceedings are taken if
the young person satisfies the judge that the
statement was made under duress imposed by
any person who is not, in law, a person in
authority.
|
|
Misrepresent- ation of age
|
(8) A youth justice court judge may in any
proceedings under this Act rule admissible
any statement or waiver by a young person if,
at the time of the making of the statement or
waiver,
|
|
|
|
|
|
|
|
|
|
|
Parent, etc.,
not a person
in authority
|
(9) For the purpose of this section, a person
consulted under paragraph (2)(c) is, in the
absence of evidence to the contrary, deemed
not to be a person in authority.
|
|
Statements
not admissible
against young
person
|
146. (1) Subject to subsection (2), if a young
person is assessed in accordance with an order
made under subsection 34(1), no statement or
reference to a statement made by the young
person during the course and for the purposes
of the assessment to the person who conducts
the assessment or to anyone acting under that
person's direction is admissible in evidence,
without the consent of the young person, in
any proceeding before a court, tribunal, body
or person with jurisdiction to compel the
production of evidence.
|
|
Exceptions
|
(2) A statement referred to in subsection (1)
is admissible in evidence for the purposes of
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Testimony of
a parent
|
147. (1) In any proceedings under this Act,
the testimony of a parent as to the age of a
person of whom he or she is a parent is
admissible as evidence of the age of that
person.
|
|
Evidence of
age by
certificate or
record
|
(2) In any proceedings under this Act,
|
|
|
|
|
|
|
|
Other
evidence
|
(3) In the absence of any certificate, copy,
entry or record mentioned in subsection (2), or
in corroboration of that certificate, copy, entry
or record, the youth justice court may receive
and act on any other information relating to
age that it considers reliable.
|
|
When age
may be
inferred
|
(4) In any proceedings under this Act, the
youth justice court may draw inferences as to
the age of a person from the person's
appearance or from statements made by the
person in direct examination or
cross-examination.
|
|