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His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
in respect of criminal justice for young persons and to amend and repeal
other Acts''.
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This enactment repeals and replaces the Young Offenders Act and
provides principles, procedures and protections for the prosecution of
young persons under criminal and other federal laws.
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This enactment sets out a range of extrajudicial measures,
establishes the judicial procedures and protections for young persons
alleged to have committed an offence, encourages the participation of
parents, victims, communities, youth justice committees and others in
the youth justice system, sets out a range of sentences available to the
youth justice court, establishes custody and supervision provisions, sets
out the rules for the keeping of records and protection of privacy,
provides transitional provisions and makes consequential amendments
to other Acts.
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Clause 165: Subsection 4(2) reads as follows:
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(2) The wife or husband of a person charged with an offence against
subsection 50(1) of the Young Offenders Act or with an offence against
any of sections 151, 152, 153, 155 or 159, subsection 160(2) or (3), or
sections 170 to 173, 179, 212, 215, 218, 271 to 273, 280 to 283, 291 to
294 or 329 of the Criminal Code, or an attempt to commit any such
offence, is a competent and compellable witness for the prosecution
without the consent of the person charged.
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Clause 166: (1) and (2) The definition ``youth court''
in section 2 reads as follows:
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``youth court'' means, in respect of a contravention alleged to have been
committed by a young person in, or otherwise within the territorial
jurisdiction of the courts of, a province, the court established or
designated by or under an Act of the legislature of the province, or
designated by the Governor in Council or lieutenant governor in
council of the province, as the youth court for the purposes of the
Young Offenders Act.
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(3) New.
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Clause 167: Section 5 reads as follows:
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5. The provisions of the Criminal Code relating to summary
conviction offences and the provisions of the Young Offenders Act
apply to proceedings in respect of contraventions that are commenced
under this Act, except to the extent that this Act, the regulations or the
rules of court provide otherwise.
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Clause 168: Subsection 17(2) reads as follows:
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(2) Notwithstanding the Young Offenders Act, a contraventions court
or a justice of the peace has jurisdiction, to the exclusion of that of the
youth court, in respect of any contravention alleged to have been
committed by a young person in, or otherwise within the territorial
jurisdiction of the courts of, a province the lieutenant governor in
council of which has ordered that any such contravention be dealt with
in ordinary court.
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Clause 169: The relevant portion of subsection 62(2)
reads as follows:
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(2) The court may, where it determines that the offender is unwilling
though able to pay the fine, issue a warrant for the committal of the
offender in Form 8 of Part XXVIII of the Criminal Code, varied to suit
the case,
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(a) for the committal of the offender to open custody, as defined in
subsection 24.1(1) of the Young Offenders Act, for one day, if the
offender is a young person; or
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Clause 170: The definition ``sentence'' in subsection
2(1) reads as follows:
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``sentence'' means a sentence of imprisonment and includes a sentence
imposed by a court of a foreign state on a Canadian offender who has
been transferred to Canada pursuant to the Transfer of Offenders Act;
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Clause 171: Subsection 15(1) reads as follows:
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15. (1) Notwithstanding any requirement in the Criminal Code that
a person be sentenced, committed or transferred to penitentiary, such a
person in the Province of Newfoundland shall not be received in a
penitentiary without the approval of an officer designated by the
Lieutenant Governor of Newfoundland.
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Clause 172: The definition ``offender'' in subsection
99(1) reads as follows:
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``offender'' means a person who is under a sentence imposed before or
after the coming into force of this section
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(a) pursuant to an Act of Parliament or, to the extent that this Part
applies, pursuant to a provincial Act, or
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(b) on conviction for criminal or civil contempt of court where the
sentence does not include a requirement that the offender return
to that court,
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but does not include a young person within the meaning of the Young
Offenders Act who has been committed to custody under that Act or
a person whose only sentence is a sentence being served
intermittently pursuant to section 732 of the Criminal Code;
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Clause 173: New.
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Clause 174: The definitions ``adult'', ``provincial
court judge'' and ``young person'' in section 487.04 read
as follows:
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``adult'' has the meaning assigned by subsection 2(1) of the Young
Offenders Act;
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``provincial court judge'', in relation to a young person, includes a
youth court judge within the meaning of subsection 2(1) of the Young
Offenders Act;
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``young person'' has the meaning assigned by subsection 2(1) of the
Young Offenders Act.
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Clause 175: The relevant portion of subsection
487.051(1) reads as follows:
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487.051 (1) Subject to section 487.053, if a person is convicted,
discharged under section 730 or, in the case of a young person, found
guilty under the Young Offenders Act, of a designated offence, the court
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Clause 176: Subsection 487.052(1) reads as follows:
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487.052 (1) Subject to section 487.053, if a person is convicted,
discharged under section 730 or, in the case of a young person, found
guilty under the Young Offenders Act, of a designated offence
committed before the coming into force of subsection 5(1) of the DNA
Identification Act, the court may, on application by the prosecutor, make
an order in Form 5.04 authorizing the taking, from that person or young
person, for the purpose of forensic DNA analysis, of any number of
samples of one or more bodily substances that is reasonably required for
that purpose, by means of the investigative procedures described in
subsection 487.06(1), if the court is satisfied that it is in the best interests
of the administration of justice to do so.
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Clause 177: The relevant portion of section 487.053
reads as follows:
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487.053 No court may make an order under section 487.051 or
487.052 in respect of a person or young person if the court has been
advised
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(b) by the person or young person, that they consent to the entry, in
the convicted offenders index of the national DNA data bank
established under that Act, of the results of DNA analysis of bodily
substances that were provided voluntarily in the course of the
investigation of, or taken from them in execution of a warrant that
was issued under section 487.05 in respect of, the designated offence
of which the person has been convicted, discharged under section
730 or, in the case of a young person, found guilty under the Young
Offenders Act, or another designated offence in respect of the same
transaction.
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Clause 178: Subsection 487.056(1) reads as follows:
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487.056 (1) Samples of bodily substances referred to in sections
487.051 and 487.052 shall be taken at the time the person is convicted,
discharged under section 730 or, in the case of a young person, found
guilty under the Young Offenders Act, or as soon as is feasible
afterwards, even though an appeal may have been taken.
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Clause 179: The relevant portion of subsection
487.071(1) reads as follows:
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487.071 (1) There shall be transmitted to the Commissioner of the
Royal Canadian Mounted Police for entry in the convicted offenders
index of the national DNA data bank established under the DNA
Identification Act the results of forensic DNA analysis of bodily
substances that are
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(a) provided voluntarily in the course of an investigation of a
designated offence by any person who is later convicted, discharged
under section 730 or, in the case of a young person, found guilty
under the Young Offenders Act of the designated offence or another
designated offence in respect of the same transaction and who,
having been so convicted, discharged or found guilty, consents to
having the results entered in the convicted offenders index;
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(b) taken in execution of a warrant under section 487.05 from a
person who is later convicted, discharged under section 730 or, in the
case of a young person, found guilty under the Young Offenders Act
of the designated offence in respect of which the warrant was issued
or another designated offence in respect of the same transaction and
who, having been so convicted, discharged or found guilty, consents
to having the results entered in the convicted offenders index;
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Clause 180: The relevant portion of subsection 667(1)
reads as follows:
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667. (1) In any proceedings,
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(a) a certificate setting out with reasonable particularity the
conviction, discharge under section 730 or the conviction and
sentence in Canada of an offender signed by
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(i) the person who made the conviction or order for the discharge,
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(ii) the clerk of the court in which the conviction or order for the
discharge was made, or
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(iii) a fingerprint examiner,
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is, on proof that the accused or defendant is the offender referred to
in the certificate, evidence that the accused or defendant was so
convicted, so discharged or so convicted and sentenced without
proof of the signature or the official character of the person
appearing to have signed the certificate;
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Clause 181: Subsection 718.3(4) reads as follows:
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(4) Where an accused
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(a) is sentenced while under sentence for an offence, and a term of
imprisonment, whether in default of payment of a fine or otherwise,
is imposed,
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(b) is convicted of an offence punishable with both a fine and
imprisonment and both are imposed, or
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(c) is convicted of more offences than one, and
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(i) more than one fine is imposed,
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(ii) terms of imprisonment for the respective offences are
imposed, or
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(iii) a term of imprisonment is imposed in respect of one offence
and a fine is imposed in respect of another offence,
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the court that sentences the accused may direct that the terms of
imprisonment that are imposed by the court or result from the operation
of subsection 734(4) shall be served consecutively.
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Clause 182: The relevant portion of subsection 721(3)
reads as follows:
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(3) Unless otherwise specified by the court, the report must,
wherever possible, contain information on the following matters:
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(b) the history of previous dispositions under the Young Offenders
Act and of previous findings of guilt under this Act and any other Act
of Parliament;
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Clause 183: Sections 743.4 and 743.5 read as follows:
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743.4 (1) Where a young person is sentenced to imprisonment under
this or any other Act of Parliament, the young person may, with the
consent of the provincial director, be transferred to a place of custody
for any portion of the young person's term of imprisonment, but in no
case shall that young person be kept in a place of custody under this
section after that young person attains the age of twenty years.
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(2) Where the provincial director certifies that a young person
transferred to a place of custody under subsection (1) can no longer be
held therein without significant danger of escape or of detrimentally
affecting the rehabilitation or reformation of other young persons held
therein, the young person may be imprisoned during the remainder of
his term of imprisonment in any place where that young person might,
but for subsection (1), have been imprisoned.
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(3) For the purposes of this section, the expressions ``provincial
director'' and ``young person'' have the meanings assigned by
subsection 2(1) of the Young Offenders Act, and the expression ``place
of custody'' means ``open custody'' or ``secure custody'' within the
meaning assigned by subsection 24.1(1) of that Act.
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743.5 (1) Where a person is or has been sentenced for an offence
while subject to a disposition made under paragraph 20(1)(j), (k) or (k.1)
of the Young Offenders Act, on the application of the Attorney General
or the Attorney General's agent, a court of criminal jurisdiction may,
unless to so order would bring the administration of justice into
disrepute, order that the remaining portion of the disposition made
under that Act be dealt with, for all purposes under this Act or any other
Act of Parliament, as if it had been a sentence imposed under this Act.
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(2) Where an order is made under subsection (1), in respect of a
disposition made under paragraph 20(1)(k) or (k.1) of the Young
Offenders Act, the remaining portion of the disposition to be served
pursuant to the order shall be served concurrently with the sentence
referred to in subsection (1), where it is a term of imprisonment, unless
the court making the order orders that it be served consecutively.
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(3) For greater certainty, the remaining portion of the disposition
referred to in subsection (2) shall, for the purposes of section 139 of the
Corrections and Conditional Release Act and section 743.1 of this Act,
be deemed to constitute one sentence of imprisonment.
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Clause 184: The relevant portion of Form 5.03 reads
as follows:
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Whereas (name of offender) has been convicted, discharged under
section 730 of the Criminal Code or, in the case of a young person,
found guilty under the Young Offenders Act of (offence), an offence that
is a primary designated offence within the meaning of section 487.04
of the Criminal Code;
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Clause 185: The relevant portion of Form 5.04 reads
as follows:
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Whereas (name of offender), in this order called the ``offender'', has
been convicted, discharged under section 730 of the Criminal Code or,
in the case of a young person, found guilty under the Young Offenders
Act of (offence), an offence that is
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Clause 186: The definition ``young person'' in section
2 reads as follows:
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``young person'' has the same meaning as in subsection 2(1) of the
Young Offenders Act.
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Clause 187: (1) and (2). The relevant portion of
subsection 9(2) reads as follows:
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(2) Information in the convicted offenders index shall be rendered
inaccessible without delay after
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(c) in the case of information in relation to a young person who has
been found guilty under the Young Offenders Act of any of the
following offences, the expiry of ten years after all dispositions made
in respect of the offence have been completed, namely,
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(d) in the case of information in relation to a young person who has
been found guilty under the Young Offenders Act of a designated
offence, other than an offence referred to in any of subparagraphs
(c)(i) to (iii) and sections 235 (first degree murder or second degree
murder), 236 (manslaughter), 239 (attempt to commit murder) and
273 (aggravated sexual assault) of the Criminal Code, the expiry of
five years after all dispositions made in respect of the offence have
been completed; and
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(e) in the case of information in relation to a young person who has
been found guilty under the Young Offenders Act of a designated
offence that is a summary conviction offence, the expiry of three
years after all dispositions made in respect of the offence have been
completed.
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Clause 188: (1) and (2). The relevant portion of
subsection 10(7) reads as follows:
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(7) The Commissioner shall nevertheless destroy the stored bodily
substances of a person without delay
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(c) if the person is a young person who has been found guilty under
the Young Offenders Act of any of the following offences, after the
expiry of ten years after all dispositions made in respect of the
offence have been completed, namely,
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(d) if the person is a young person who has been found guilty under
the Young Offenders Act of a designated offence, other than an
offence referred to in any of subparagraphs (c)(i) to (iii) and sections
235 (first degree murder or second degree murder), 236
(manslaughter), 239 (attempt to commit murder) and 273
(aggravated sexual assault) of the Criminal Code, after the expiry of
five years after all dispositions made in respect of the offence have
been completed; and
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(e) if the person is a young person who has been found guilty under
the Young Offenders Act of a designated offence that is a summary
conviction offence, after the expiry of three years after all
dispositions made in respect of the offence have been completed.
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Clause 189: The relevant portion of section 47 reads
as follows:
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47. The Minister may refuse to make a surrender order if the Minister
is satisfied that
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(c) the person was under the age of 18 years at the time of the offence
and the law that applies to them in the territory over which the
extradition partner has jurisdiction is not consistent with the
fundamental principles governing the Young Offenders Act;
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Clause 190: Section 77 reads as follows:
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77. In this Part, ``competent authority'' means
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(a) in respect of a prosecution or imposition of a sentence - or of a
disposition under the Young Offenders Act - the Attorney General,
or the Attorney General of a province who is responsible for the
prosecution of the case; and
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(b) in respect of the enforcement of a sentence or a disposition under
the Young Offenders Act,
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(i) the Solicitor General of Canada, if the person would serve the
sentence in a penitentiary, or
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(ii) the appropriate provincial minister responsible for
corrections, in any other case.
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Clause 191: Subsection 78(1) reads as follows:
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78. (1) The Minister, at the request of a competent authority, may
make a request to a State or entity for the extradition of a person for the
purpose of prosecuting the person for - or imposing or enforcing a
sentence, or making or enforcing a disposition under the Young
Offenders Act, in respect of - an offence over which Canada has
jurisdiction.
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Clause 192: The relevant portion of section 80 reads
as follows:
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80. Subject to a relevant extradition agreement, a person who has
been extradited to Canada by a requested State or entity shall not, unless
the person has voluntarily left Canada after surrender or has had a
reasonable opportunity of leaving Canada,
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(a) be detained or prosecuted, or have a sentence imposed or
executed, or a disposition made or executed under the Young
Offenders Act, in Canada in respect of an offence that is alleged to
have been committed, or was committed, before surrender other than
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Clause 193: (1) Subsection 83(1) reads as follows:
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83. (1) Subject to subsection (3), the sentence or disposition of a
person who has been temporarily surrendered and who has been
convicted and sentenced in Canada, or in respect of whom a disposition
has been made under the Young Offenders Act, does not commence until
their final extradition to Canada.
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(2) Subsection 83(3) reads as follows:
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(3) The sentencing judge may order that the person's sentence, or the
disposition under the Young Offenders Act, be executed concurrently
with the sentence they are serving in the requested State or entity, in
which case the warrant of committal or order of disposition shall state
that the person is to be committed to custody under subsection (2) only
for any portion of the sentence remaining at the time of their final
extradition to Canada or that the young person's disposition is to begin
only on their final extradition to Canada.
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Clause 194: Section 29 reads as follows:
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29. Sections 24 to 28 do not apply in respect of a person who, at the
time the request mentioned in subsection 24(1) is presented, is a young
person within the meaning of the Young Offenders Act.
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Clause 195: (1) The relevant portion of the definition
``prisoner'' in subsection 2(1) reads as follows:
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``prisoner'' means a person, other than
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(b) a young person within the meaning of the Young Offenders Act
with respect to whom no order pursuant to section 16 of that Act
has been made,
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who is confined in a prison pursuant to a sentence for an offence
under an Act of Parliament or any regulations made thereunder, or
pursuant to a committal for failure or refusal to enter into a
recognizance under section 810, 810.1 or 810.2 of the Criminal
Code.
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(2) New.
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Clause 196: New.
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Clause 197: The relevant portion of section 17 reads
as follows:
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17. Where a Canadian offender transferred to Canada
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(b) was, at the time of the commission of the offence of which he or
she was convicted, a young person within the meaning of the Young
Offenders Act,
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an official designated for the purpose by the lieutenant governor in
council of the province where the offender is detained may transfer the
offender to a place or facility in which a young person may be
committed to open custody or secure custody, within the meaning of
section 24 of the Young Offenders Act, but no person so transferred shall
be detained by reason only of the sentence imposed by the foreign court
beyond the date on which that sentence would terminate.
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