Service of order

(3) A copy of the order shall be served by a peace officer or by a person designated by a youth justice court by delivering it personally to the parent to whom it is directed, unless the youth justice court authorizes service by confirmed delivery service.

Failure to attend

(4) A parent who is ordered to attend a youth justice court under subsection (1) and who fails without reasonable excuse, the proof of which lies on the parent, to comply with the order

    (a) is guilty of contempt of court;

    (b) may be dealt with summarily by the court; and

    (c) is liable to the punishment provided for in the Criminal Code for a summary conviction offence.

Warrant to arrest parent

(5) If a parent who is ordered to attend a youth justice court under subsection (1) does not attend when required by the order or fails to remain in attendance as required and it is proved that a copy of the order was served on the parent, a youth justice court may issue a warrant to compel the attendance of the parent.

Detention Before Sentencing

Application of Part XVI of the Criminal Code

28. Except to the extent that they are inconsistent with or excluded by this Act, the provisions of Part XVI of the Criminal Code apply to the detention and release of young persons under this Act.

Detention as social measure prohibited

29. (1) A youth justice court judge or a justice shall not detain a young person in custody prior to being sentenced as a substitute for appropriate child protection, mental health or other social measures.

Detention presumed unnecessary

(2) In considering whether the detention of a young person is necessary for the protection or safety of the public under paragraph 515(10)(b) of the Criminal Code, a youth justice court or a justice shall presume that detention is not necessary under that paragraph if the young person could not, on being found guilty, be committed to custody on the grounds set out in subsection 38(1), unless there is a substantial likelihood that the young person will, if released from custody, commit a criminal offence or interfere with the administration of justice.

Designated place of temporary detention

30. (1) Subject to subsection (7), a young person who is arrested and detained prior to being sentenced, or who is detained in accordance with a warrant issued under subsection 59(6), shall be detained in any place of temporary detention that may be designated by the lieutenant governor in council of the province or his or her delegate or in a place within a class of places so designated.

Exception

(2) A young person who is detained in a place of temporary detention under subsection (1) may, in the course of being transferred from that place to the court or from the court to that place, be held under the supervision and control of a peace officer.

Detention separate from adults

(3) A young person referred to in subsection (1) shall be held separate and apart from any adult who is detained or held in custody unless a youth justice court judge or a justice is satisfied that, having regard to the best interests of the young person,

    (a) the young person cannot, having regard to his or her own safety or the safety of others, be detained in a place of detention for young persons; or

    (b) no place of detention for young persons is available within a reasonable distance.

Transfer to adult facility

(4) When a young person is detained under subsection (1), the youth justice court may, on application of the provincial director made at any time after the young person attains the age of eighteen years, after giving the young person an opportunity to be heard, authorize the provincial director to direct, despite subsection (3), that the young person be temporarily detained in a provincial correctional facility for adults, if the court considers it to be in the best interests of the young person or in the public interest.

When young person is twenty years old or older

(5) When a young person is twenty years old or older at the time his or her temporary detention under subsection (1) begins, the young person shall, despite subsection (3), be temporarily detained in a provincial correctional facility for adults.

Transfer by provincial director

(6) A young person who is detained in custody under subsection (1) may, during the period of detention, be transferred by the provincial director from one place of temporary detention to another.

Exception relating to temporary detention

(7) Subsections (1) and (3) do not apply in respect of any temporary restraint of a young person under the supervision and control of a peace officer after arrest, but a young person who is so restrained shall be transferred to a place of temporary detention referred to in subsection (1) as soon as is practicable, and in no case later than the first reasonable opportunity after the appearance of the young person before a youth justice court judge or a justice under section 503 of the Criminal Code.

Authoriza-
tion of provincial authority for detention

(8) In any province for which the lieutenant governor in council has designated a person or a group of persons whose authorization is required, either in all circumstances or in circumstances specified by the lieutenant governor in council, before a young person who has been arrested may be detained in accordance with this section, no young person shall be so detained unless the authorization is obtained.

Determi-
nation by provincial authority of place of detention

(9) In any province for which the lieutenant governor in council has designated a person or a group of persons who may determine the place where a young person who has been arrested may be detained in accordance with this section, no young person may be so detained in a place other than the one so determined.

Placement of young person in care of responsible person

31. (1) A young person who has been arrested may be placed in the care of a responsible person, including the director or an employee of a program for young persons, instead of being detained in custody if a youth justice court or a justice is satisfied that

    (a) the young person would, but for this subsection, be detained in custody under section 515 of the Criminal Code;

    (b) the person is willing and able to take care of and exercise control over the young person; and

    (c) the young person is willing to be placed in the care of that person.

Inquiry as to availability of a responsible person

(2) If a young person would, in the absence of a responsible person, be detained in custody, the youth justice court or the justice shall inquire as to the availability of a responsible person and whether the young person is willing to be placed in that person's care.

Condition of placement

(3) A young person shall not be placed in the care of a person under subsection (1) unless

    (a) that person undertakes in writing to take care of and to be responsible for the attendance of the young person in court when required and to comply with any other conditions that the youth justice court judge or the justice may specify; and

    (b) the young person undertakes in writing to comply with the arrangement and to comply with any other conditions that the youth justice court judge or the justice may specify.

Removing young person from care

(4) A young person, a person in whose care a young person has been placed or any other person may, by application in writing to a youth justice court judge or a justice, apply for an order under subsection (5) if

    (a) the person in whose care the young person has been placed is no longer willing or able to take care of or exercise control over the young person; or

    (b) it is, for any other reason, no longer appropriate that the young person remain in the care of the person with whom he or she has been placed.

Order

(5) When a youth justice court judge or a justice is satisfied that a young person should not remain in the custody of the person in whose care he or she was placed under subsection (1), the judge or justice shall

    (a) make an order relieving the person and the young person of the obligations undertaken under subsection (3); and

    (b) issue a warrant for the arrest of the young person.

Effect of arrest

(6) If a young person is arrested in accordance with a warrant issued under paragraph (5)(b), the young person shall be taken before a youth justice court judge or a justice without delay and dealt with under section 515 of the Criminal Code, unless the young person can be placed in the care of another responsible person under this section.

Appearance

Appearance before judge or justice

32. (1) A young person against whom an information is laid must first appear before a youth justice court judge or a justice, and the judge or justice shall

    (a) cause the information to be read to the young person;

    (b) if the young person is not represented by counsel, inform the young person of the right to retain and instruct counsel;

    (c) if notified under subsection 63(2), inform the young person that the youth justice court might, if the young person is found guilty, order that an adult sentence be imposed; and

    (d) if the young person is charged with having, after attaining the age of fourteen years, committed an offence set out in paragraph (a) of the definition ``presumptive offence'' in subsection 2(1), inform the young person in the following words of the consequences of being charged with such an offence:

      An adult sentence will be imposed if you are found guilty unless the court orders that you are not liable to an adult sentence and that a youth sentence must be imposed.

Waiver

(2) A young person may waive the requirements of subsection (1) if the young person is represented by counsel and counsel advises the court that the young person has been informed of that provision.

Young person not represented by counsel

(3) When a young person is not represented by counsel, before accepting a plea the youth justice court shall

    (a) satisfy itself that the young person understands the charge;

    (b) if the young person is liable to an adult sentence, explain to the young person the consequences of being liable to an adult sentence and the procedure by which the young person may apply for an order that a youth sentence be imposed; and

    (c) explain that the young person may plead guilty or not guilty to the charge or, if the young person is liable to an adult sentence, that the young person may elect to be tried by a youth justice court judge without a jury and without having a preliminary inquiry, or to have a preliminary inquiry and be tried by a judge without a jury, or to have a preliminary inquiry and be tried by a court composed of a judge and jury.

If youth justice court not satisfied

(4) If the youth justice court is not satisfied that a young person understands the charge, the court shall, unless the young person must be put to his or her election under subsection 67(1) or, with respect to Nunavut, subsection 67(2), enter a plea of not guilty on behalf of the young person and proceed with the trial in accordance with subsection 35(2).

If youth justice court not satisfied

(5) If the youth justice court is not satisfied that a young person understands the matters set out in subsection (3), the court shall direct that the young person be represented by counsel.

Release from or Detention in Custody

Application for release from or detention in custody

33. (1) If an order is made under section 515 of the Criminal Code in respect of a young person by a justice who is not a youth justice court judge, an application may, at any time after the order is made, be made to a youth justice court for the release from or detention in custody of the young person, as the case may be, and the youth justice court shall hear the matter as an original application.

Notice to prosecutor

(2) An application under subsection (1) for release from custody shall not be heard unless the young person has given the prosecutor at least two clear days notice in writing of the application.

Notice to young person

(3) An application under subsection (1) for detention in custody shall not be heard unless the prosecutor has given the young person at least two clear days notice in writing of the application.

Waiver of notice

(4) The requirement for notice under subsection (2) or (3) may be waived by the prosecutor or by the young person or his or her counsel, as the case may be.

Application for review under section 520 or 521 of Criminal Code

(5) An application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth justice court judge who is a judge of a superior court shall be made to a judge of the court of appeal.

Nunavut

(6) Despite subsection (5), an application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth justice court judge who is a judge of the Nunavut Court of Justice shall be made to a judge of that court.

No review

(7) No application may be made under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a justice who is not a youth justice court judge.

Interim release by youth justice court judge only

(8) If a young person against whom proceedings have been taken under this Act is charged with an offence referred to in section 522 of the Criminal Code, a youth justice court judge, but no other court, judge or justice, may release the young person from custody under that section.

Review by court of appeal

(9) A decision made by a youth justice court judge under subsection (8) may be reviewed in accordance with section 680 of the Criminal Code and that section applies, with any modifications that the circumstances require, to any decision so made.

Medical and Psychological Reports

Medical or psychological assessment

34. (1) A youth justice court may, at any stage of proceedings against a young person, by order require that the young person be assessed by a qualified person who is required to report the results in writing to the court,

    (a) with the consent of the young person and the prosecutor; or

    (b) on its own motion or on application of the young person or the prosecutor, if the court believes a medical, psychological or psychiatric report in respect of the young person is necessary for a purpose mentioned in paragraphs (2)(a) to (h) and

      (i) the court has reasonable grounds to believe that the young person may be suffering from a physical or mental illness or disorder, a psychological disorder, an emotional disturbance, a learning disability or a mental disability,

      (ii) the young person's history indicates a pattern of repeated findings of guilt under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or

      (iii) the young person is alleged to have committed a serious violent offence.

Purpose of assessment

(2) A youth justice court may make an order under subsection (1) in respect of a young person for the purpose of

    (a) considering an application under section 33;

    (b) making its decision on an application heard under section 71;

    (c) making or reviewing a youth sentence;

    (d) considering an application under subsection 103(1);

    (e) setting conditions under subsection 104(1);

    (f) making an order under subsection 108(2);

    (g) authorizing disclosure under subsection 126(1); or

    (h) making an order under paragraph 41(2)(q).

Custody for assessment

(3) Subject to subsections (4) and (6), for the purpose of an assessment under this section, a youth justice court may remand a young person to any custody that it directs for a period not exceeding thirty days.

Presumption against custodial remand

(4) A young person shall not be remanded in custody in accordance with an order made under subsection (1) unless

    (a) the youth justice court is satisfied that

      (i) on the evidence custody is necessary to conduct an assessment of the young person, or

      (ii) on the evidence of a qualified person detention of the young person in custody is desirable to conduct the assessment of the young person, and the young person consents to custody; or

    (b) the young person is required to be detained in custody in respect of any other matter or by virtue of any provision of the Criminal Code.