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| Bill C-7
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91. (1) If Bill C-7, introduced in the 1st
session of the 37th Parliament and entitled
the Youth Criminal Justice Act (the ``other
Act''), receives royal assent, then
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(a) paragraph 32(3)(c) of the other Act is
replaced by the following:
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(c) explain that the young person may plead
guilty or not guilty to the charge or, if
subsection 67(1) (election of court for
trial - adult sentence) or (3) (election of
court for trial in Nunavut - adult sentence)
applies, explain 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 and, in either of the latter
two cases, a preliminary inquiry will only
be conducted if requested by the young
person or the prosecutor.
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(b) subsection 67(2) of the other Act is
replaced by the following:
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| Wording of
election
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(2) The youth justice court shall put the
young person to his or her election in the
following words:
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You have the option to elect to be tried by
a youth justice court judge without a jury
and without having had a preliminary
inquiry; or you may elect to be tried by a
judge without a jury; or you may elect to be
tried by a court composed of a judge and
jury. If you do not elect now, you are
deemed to have elected to be tried by a court
composed of a judge and jury. If you elect
to be tried by a judge without a jury or by a
court composed of a judge and jury or if you
are deemed to have elected to be tried by a
court composed of a judge and jury, you will
have a preliminary inquiry only if you or the
prosecutor requests one. How do you elect
to be tried?
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(c) subsection 67(4) of the other Act is
replaced by the following:
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| Wording of
election
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(4) The youth justice court shall put the
young person to his or her election in the
following words:
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You have the option to elect to be tried by
a judge of the Nunavut Court of Justice
alone, acting as a youth justice court
without a jury and without a preliminary
inquiry; or you may elect to be tried by a
judge of the Nunavut Court of Justice,
acting as a youth justice court without a
jury; or you may elect to be tried by a judge
of the Nunavut Court of Justice, acting as a
youth justice court with a jury. If you elect
to be tried by a judge without a jury or by a
judge, acting as a youth justice court, with
a jury or if you are deemed to have elected
to be tried by a judge, acting as a youth
justice court, with a jury, you will have a
preliminary inquiry only if you or the
prosecutor requests one. How do you elect
to be tried?
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(d) paragraph 67(5)(b) of the other Act is
replaced by the following:
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(b) if the judge declines to do so, shall hold
a preliminary inquiry, if requested to do so
by one of the parties, unless a preliminary
inquiry has been held prior to the election,
re-election or deemed election.
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(e) subsection 67(7) of the other Act is
replaced by the following:
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| Preliminary
inquiry
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(7) When a young person elects to be tried
by a judge without a jury, or elects or is
deemed to have elected to be tried by a court
composed of a judge and jury, the youth
justice court referred to in subsection 13(1)
shall, on the request of the young person or the
prosecutor made at that time or within the
period fixed by rules of court made under
section 17 or 155 or, if there are no such rules,
by the youth justice court judge, conduct a
preliminary inquiry and if, on its conclusion,
the young person is ordered to stand trial, the
proceedings shall be conducted
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(a) before a judge without a jury or a court
composed of a judge and jury, as the case
may be; or
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(b) in Nunavut, before a judge of the
Nunavut Court of Justice acting as a youth
justice court, with or without a jury, as the
case may be.
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| Preliminary
inquiry if two
or more
accused
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(7.1) If two or more young persons are
jointly charged in an information and one or
more of them make a request for a preliminary
inquiry under subsection (7), a preliminary
inquiry must be held with respect to all of
them.
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| When no
request for
preliminary
inquiry
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(7.2) If no request for a preliminary inquiry
is made under subsection (7), the youth justice
court shall fix the date for the trial or the date
on which the young person must appear in the
trial court to have the date fixed.
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| Coming into
force
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(2) Subsection (1) comes into force
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(a) in the case of paragraph (a), on the
later of the coming into force of section 25
of this Act and section 32 of the other Act;
and
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(b) in the case of paragraphs (b) to (e), on
the later of the coming into force of
section 25 of this Act and section 67 of the
other Act.
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| Bill C-7
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92. If Bill C-7, introduced in the 1st
session of the 37th Parliament and entitled
the Youth Criminal Justice Act (the ``other
Act''), receives royal assent, then the
heading before section 89 and sections 89
and 90 of this Act are repealed if section 199
of the other Act comes into force before
sections 89 and 90 of this Act come into
force.
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| Coming into
force
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93. The provisions of this Act, other than
sections 91 and 92, and the provisions of any
Act as enacted by this Act, come into force
on a day or days to be fixed by order of the
Governor in Council.
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