| Period of
access
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(3) For the purposes of subsections (1) and
(2), the period of access to a record kept under
subsection 115(3) in respect of an offence is
the following:
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(a) if the offence is an indictable offence,
other than a presumptive offence, the period
starting at the end of the applicable period
set out in paragraphs 119(2)(h) to (j) and
ending five years later; and
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(b) if the offence is an offence set out in
paragraph (a) of the definition
``presumptive offence'' in subsection 2(1)
or an offence set out in paragraph (b) of that
definition for which the Attorney General
has given notice under subsection 64(2)
(intention to seek adult sentence), the
period starting at the end of the applicable
period set out in paragraphs 119(2)(h) to (j)
and continuing indefinitely.
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| Subsequent
offences as
young person
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(4) If a young person was found guilty of an
offence set out in the schedule is, during the
period of access to a record under subsection
(3), found guilty of an additional offence set
out in the schedule, committed when he or she
was a young person, access to the record may
be given to the following additional persons:
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(a) a parent of the young person or any adult
assisting the young person under subsection
25(7);
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(b) a judge, court or review board, for a
purpose relating to proceedings against the
young person under this Act or any other
Act of Parliament in respect of offences
committed or alleged to have been
committed by the young person, whether as
a young person or as an adult; or
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(c) a member of a department or agency of
a government in Canada, or of an
organization that is an agent of, or is under
contract with, the department or agency,
who is
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(i) preparing a report in respect of the
young person under this Act or for the
purpose of assisting a court in sentencing
the young person after the young person
becomes an adult,
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(ii) engaged in the supervision or care of
the young person, whether as a young
person or as an adult, or in the
administration of a sentence in respect of
the young person, whether as a young
person or as an adult, or
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(iii) considering an application for
conditional release or pardon made by
the young person after the young person
becomes an adult.
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| Disclosure for
research or
statistical
purposes
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(5) A person who is given access to a record
under paragraph (1)(c) or (d) may
subsequently disclose information contained
in the record, but shall not disclose the
information in any form that would
reasonably be expected to identify the young
person to whom it relates.
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| Subsequent
offences as
adult
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(6) If, during the period of access to a record
under subsection (3), the young person is
convicted of an additional offence set out in
the schedule, committed when he or she was
an adult,
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(a) this Part no longer applies to the record
and the record shall be dealt with as a record
of an adult and may be included on the
automated criminal conviction records
retrieval system maintained by the Royal
Canadian Mounted Police; and
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(b) for the purposes of the Criminal Records
Act, the finding of guilt in respect of the
offence for which the record is kept is
deemed to be a conviction.
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| Deemed
election
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121. For the purposes of sections 119 and
120, if no election is made in respect of an
offence that may be prosecuted by indictment
or proceeded with by way of summary
conviction, the Attorney General is deemed to
have elected to proceed with the offence as an
offence punishable on summary conviction.
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| Disclosure of
information
and copies of
record
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122. A person who is required or authorized
to be given access to a record under section
119, 120, 123 or 124 may be given any
information contained in the record and may
be given a copy of any part of the record.
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| Where records
may be made
available
|
123. (1) A youth justice court judge may, on
application by a person after the end of the
applicable period set out in subsection 119(2),
order that the person be given access to all or
part of a record kept under sections 114 to 116
or that a copy of the record or part be given to
that person,
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(a) if the youth justice court judge is
satisfied that
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(i) the person has a valid and substantial
interest in the record or part,
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(ii) it is necessary for access to be given
to the record or part in the interest of the
proper administration of justice, and
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(iii) disclosure of the record or part or the
information in it is not prohibited under
any other Act of Parliament or the
legislature of a province; or
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(b) if the youth court judge is satisfied that
access to the record or part is desirable in
the public interest for research or statistical
purposes.
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| Restriction for
par. (1)(a)
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(2) Paragraph (1)(a) applies in respect of a
record relating to a particular young person or
to a record relating to a class of young persons
only if the identity of young persons in the
class at the time of the making of the
application referred to in that paragraph
cannot reasonably be ascertained and the
disclosure of the record is necessary for the
purpose of investigating any offence that a
person is suspected on reasonable grounds of
having committed against a young person
while the young person is, or was, serving a
sentence.
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| Notice
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(3) Subject to subsection (4), an application
for an order under paragraph (1)(a) in respect
of a record shall not be heard unless the person
who makes the application has given the
young person to whom the record relates and
the person or body that has possession of the
record at least five days notice in writing of the
application, and the young person and the
person or body that has possession have had a
reasonable opportunity to be heard.
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| Where notice
not required
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(4) A youth justice court judge may waive
the requirement in subsection (3) to give
notice to a young person when the judge is of
the opinion that
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(a) to insist on the giving of the notice
would frustrate the application; or
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(b) reasonable efforts have not been
successful in finding the young person.
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| Use of record
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(5) In any order under subsection (1), the
youth justice court judge shall set out the
purposes for which the record may be used.
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| Disclosure for
research or
statistical
purposes
|
(6) When access to a record is given to any
person under paragraph (1)(b), that person
may subsequently disclose information
contained in the record, but shall not disclose
the information in any form that would
reasonably be expected to identify the young
person to whom it relates.
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| Access to
record by
young person
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124. A young person to whom a record
relates and his or her counsel may have access
to the record at any time.
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| Disclosure by
peace officer
during
investigation
|
125. (1) A peace officer may disclose to any
person any information in a record kept under
section 114 (court records) or 115 (police
records) that it is necessary to disclose in the
conduct of the investigation of an offence.
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| Disclosure by
Attorney
General
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(2) The Attorney General may, in the course
of a proceeding under this Act or any other Act
of Parliament, disclose the following
information in a record kept under section 114
(court reports) or 115 (police records):
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(a) to a person who is a co-accused with the
young person in respect of the offence for
which the record is kept, any information
contained in the record; and
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(b) to an accused in a proceeding, if the
record is in respect of a witness in the
proceeding, information that identifies the
witness as a young person who has been
dealt with under this Act.
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| Information
that may be
disclosed to a
foreign state
|
(3) The Attorney General or a peace officer
may disclose to the Minister of Justice of
Canada information in a record that is kept
under section 114 (court records) or 115
(police records) to the extent that it is
necessary to deal with a request to or by a
foreign state under the Mutual Legal
Assistance in Criminal Matters Act, or for the
purposes of any extradition matter under the
Extradition Act. The Minister of Justice of
Canada may disclose the information to the
foreign state in respect of which the request
was made, or to which the extradition matter
relates, as the case may be.
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| Disclosure to
insurance
company
|
(4) A peace officer may disclose to an
insurance company information in a record
that is kept under section 114 (court records)
or 115 (police records) for the purpose of
investigating a claim arising out of an offence
committed or alleged to have been committed
by the young person to whom the record
relates.
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| Preparation of
reports
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(5) The provincial director or a youth
worker may disclose information contained in
a record if the disclosure is necessary for
procuring information that relates to the
preparation of a report required by this Act.
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| Schools and
others
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(6) The provincial director, a youth worker,
the Attorney General, a peace officer or any
other person engaged in the provision of
services to young persons may disclose to any
professional or other person engaged in the
supervision or care of a young
person - including a representative of any
school board or school or any other
educational or training institution - any
information contained in a record kept under
sections 114 to 116 if the disclosure is
necessary
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(a) to ensure compliance by the young
person with an authorization under section
91 or an order of the youth justice court;
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(b) to ensure the safety of staff, students or
other persons; or
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(c) to facilitate the rehabilitation of the
young person.
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| Information to
be kept
separate
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(7) A person to whom information is
disclosed under subsection (6) shall
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(a) keep the information separate from any
other record of the young person to whom
the information relates;
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(b) ensure that no other person has access to
the information except if authorized under
this Act, or if necessary for the purposes of
subsection (6); and
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(c) destroy their copy of the record when the
information is no longer required for the
purpose for which it was disclosed.
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| Time limit
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(8) No information may be disclosed under
this section after the end of the applicable
period set out in subsection 119(2) (period of
access to records).
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| Records in the
custody, etc.,
of archivists
|
126. When records originally kept under
sections 114 to 116 are under the custody or
control of the National Archivist of Canada or
the archivist for any province, that person may
disclose any information contained in the
records to any other person if
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(a) a youth justice court judge is satisfied
that the disclosure is desirable in the public
interest for research or statistical purposes;
and
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(b) the person to whom the information is
disclosed undertakes not to disclose the
information in any form that could
reasonably be expected to identify the
young person to whom it relates.
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| Disclosure
with court
order
|
127. (1) The youth justice court may, on the
application of the provincial director, the
Attorney General or a peace officer, make an
order permitting the applicant to disclose to
the person or persons specified by the court
any information about a young person that is
specified, if the court is satisfied that the
disclosure is necessary, having regard to the
following circumstances:
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(a) the young person has been found guilty
of an offence involving serious personal
injury;
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(b) the young person poses a risk of serious
harm to persons; and
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(c) the disclosure of the information is
relevant to the avoidance of that risk.
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| Opportunity
to be heard
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(2) Subject to subsection (3), before making
an order under subsection (1), the youth
justice court shall give the young person, a
parent of the young person and the Attorney
General an opportunity to be heard.
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| Ex parte
application
|
(3) An application under subsection (1) may
be made ex parte by the Attorney General
where the youth justice court is satisfied that
reasonable efforts have been made to locate
the young person and that those efforts have
not been successful.
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| Time limit
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(4) No information may be disclosed under
subsection (1) after the end of the applicable
period set out in subsection 119(2) (period of
access to records).
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| Effect of end
of access
periods
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128. (1) Subject to sections 123, 124 and
126, after the end of the applicable period set
out in section 119 or 120 no record kept under
sections 114 to 116 may be used for any
purpose that would identify the young person
to whom the record relates as a young person
dealt with under this Act or the Young
Offenders Act, chapter Y-1 of the Revised
Statutes of Canada, 1985.
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| Disposal of
records
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(2) Subject to paragraph 125(7)(c), any
record kept under sections 114 to 116, other
than a record kept under subsection 115(3),
may, in the discretion of the person or body
keeping the record, be destroyed or
transmitted to the National Archivist of
Canada or the archivist for any province, at
any time before or after the end of the
applicable period set out in section 119.
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| Disposal of
R.C.M.P.
records
|
(3) All records kept under subsection 115(3)
shall be destroyed or, if the National Archivist
of Canada requires it, transmitted to the
National Archivist of Canada, at the end of the
applicable period set out in section 119 or 120.
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| Purging CPIC
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(4) The Commissioner of the Royal
Canadian Mounted Police shall remove a
record from the automated criminal
conviction records retrieval system
maintained by the Royal Canadian Mounted
Police at the end of the applicable period
referred to in section 119; however,
information relating to a prohibition order
made under an Act of Parliament or the
legislature of a province shall be removed
only at the end of the period for which the
order is in force.
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| Exception
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(5) Despite subsections (1), (2) and (4), an
entry that is contained in a system maintained
by the Royal Canadian Mounted Police to
match crime scene information and that
relates to an offence committed or alleged to
have been committed by a young person shall
be dealt with in the same manner as
information that relates to an offence
committed by an adult for which a pardon
granted under the Criminal Records Act is in
effect.
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| Authority to
inspect
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(6) The National Archivist of Canada may,
at any time, inspect records kept under
sections 114 to 116 that are under the control
of a government institution as defined in
section 2 of the National Archives of Canada
Act, and the archivist for a province may at any
time inspect any records kept under those
sections that the archivist is authorized to
inspect under any Act of the legislature of the
province.
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| Definition of
``destroy''
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(7) For the purposes of subsections (2) and
(3), ``destroy'', in respect of a record, means
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(a) to shred, burn or otherwise physically
destroy the record, in the case of a record
other than a record in electronic form; and
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(b) to delete, write over or otherwise render
the record inaccessible, in the case of a
record in electronic form.
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| No
subsequent
disclosure
|
129. No person who is given access to a
record or to whom information is disclosed
under this Act shall disclose that information
to any other person unless the disclosure is
authorized under this Act.
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