BILL C-7 (First Reading)

	Forms, Regulations and Rules of Court
Forms	154. (1) The forms prescribed under section 155, varied to suit the case, or forms to the like effect, are valid and sufficient in the circumstances for which they are provided.
If forms not prescribed	(2) In any case for which forms are not prescribed under section 155, the forms set out in Part XXVIII of the Criminal Code, with any modifications that the circumstances require, or other appropriate forms, may be used.
Regulations	155. The Governor in Council may make regulations
	(a) prescribing forms that may be used for the purposes of this Act;
	(b) establishing uniform rules of court for youth justice courts across Canada, including rules regulating the practice and procedure to be followed by youth justice courts; and
	(c) generally for carrying out the purposes and provisions of this Act.
	Agreements with Provinces
Agreements with provinces	156. Any minister of the Crown may, with the approval of the Governor in Council, enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act.
	Programs
Community-b ased programs	157. The Attorney General of Canada or a minister designated by the lieutenant governor in council of a province may establish the following types of community-based programs:
	(a) programs that are an alternative to judicial proceedings, such as victim-offender reconciliation programs, mediation programs and restitution programs;
	(b) programs that are an alternative to detention before sentencing, such as bail supervision programs; and
	(c) programs that are an alternative to custody, such as intensive support and supervision programs, and programs to carry out attendance orders.
	PART 8
	TRANSITIONAL PROVISIONS
Prohibition on proceedings	158. On and after the coming into force of this section, no proceedings may be commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act, or under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act.
Proceedings commenced under Young Offenders Act	159. (1) Subject to section 161, where, before the coming into force of this section, proceedings are commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act alleged to have been committed by a person who was at the time of the offence a young person within the meaning of that Act, the proceedings and all related matters shall be dealt with in all respects as if this Act had not come into force.
Proceedings commenced under Juvenile Delinquents Act	(2) Subject to section 161, where, before the coming into force of this section, proceedings are commenced under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act alleged to have been committed by a person who was at the time of the delinquency a child as defined in that Act, the proceedings and all related matters shall be dealt with under this Act as if the delinquency were an offence that occurred after the coming into force of this section.
Offences committed before this section in force	160. Any person who, before the coming into force of this section, while he or she was a young person, committed an offence in respect of which no proceedings were commenced before the coming into force of this section shall be dealt with under this Act as if the offence occurred after the coming into force of this section, except that
	(a) paragraph 62(a) applies only if the offence is one set out in paragraph (a) of the definition ``presumptive offence'' in subsection 2(1) and the young person was at least sixteen years old at the time of its commission;
	(b) paragraph 110(2)(b) does not apply in respect of the offence; and
	(c) paragraph 42(2)(r) applies in respect of the offence only if the young person consents to its application.
Applicable sentence	161. (1) A person referred to in section 159 who is found guilty of an offence or delinquency, other than a person convicted of an offence in ordinary court, as defined in subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, shall be sentenced under this Act, except that
	(a) paragraph 110(2)(b) does not apply in respect of the offence or delinquency; and
	(b) paragraph 42(2)(r) applies in respect of the offence or delinquency only if the young person consents to its application.
	The provisions of this Act applicable to sentences imposed under section 42 apply in respect of the sentence.
Dispositions under paragraph 20(1)(k) or (k.1) of Young Offenders Act	(2) Where a young person is to be sentenced under this Act while subject to a disposition under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, on the application of the Attorney General or the young person, a youth justice court shall, unless to do so 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 paragraph 42(2)(n) or (q) of this Act, as the case may be.
Review of sentence	(3) For greater certainty, for the purpose of determining when the sentence is reviewed under section 94, the relevant date is the one on which the disposition came into force under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
Proceedings commence with information	162. For the purposes of sections 158 to 160, proceedings are commenced by the laying of an information or indictment.
Application to delinquency and other offending behaviour	163. Sections 114 to 129 apply, with any modifications that the circumstances require, in respect of records relating to the offence of delinquency under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, and in respect of records kept under sections 40 to 43 of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
Agreements continue in force	164. Any agreement made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, remains in force until it expires, unless it is amended or a new agreement is made under this Act.
Designation of youth justice court	165. (1) Any court established or designated as a youth court for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is deemed, as of the coming into force of this section, to have been established or designated as a youth justice court for the purposes of this Act.
Designation of youth justice court judges	(2) Any person appointed to be a judge of the youth court for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is deemed, as of the coming into force of this section, to have been appointed as a judge of the youth justice court for the purposes of this Act.
Designation of provincial directors and youth workers	(3) Any person, group or class of persons or body appointed or designated as a provincial director for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and any person appointed or designated as a youth worker for the purposes of that Act is deemed, as of the coming into force of this section, to have been appointed or designated as a provincial director or youth worker, as the case may be, for the purposes of this Act.
Designation of review boards and youth justice committees	(4) Any review board established or designated for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and any youth justice committee established for the purposes of that Act is deemed, as of the coming into force of this section, to have been established or designated as a review board or a youth justice committee, as the case may be, for the purposes of this Act.
Alternative measures continued as extrajudicial sanctions	(5) Any program of alternative measures authorized for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is deemed, as of the coming into force of this section, to be a program of extrajudicial sanctions authorized for the purposes of this Act.
Designation of places of temporary detention and youth custody	(6) Subject to subsection (7), any place that was designated as a place of temporary detention or open custody for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and any place or facility designated as a place of secure custody for the purposes of that Act is deemed, as of the coming into force of this section, to have been designated for the purposes of this Act as
	(a) in the case of a place of temporary detention, a place of temporary detention; and
	(b) in the case of a place of open custody or secure custody, a youth custody facility.
Exception	(7) If the lieutenant governor in council of a province makes an order under section 88 that the power to make determinations of the level of custody for young persons and to review those determinations be exercised in accordance with the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the designation of any place as a place of open custody or secure custody for the purposes of that Act remains in force for the purposes of section 88, subject to revocation or amendment of the designation.
Designation of other persons	(8) Any person designated as a clerk of the youth court for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or any person or group of persons who were designated under that Act to carry out specified functions and duties are deemed, as of the coming into force of this section, to have been designated as a clerk of the youth justice court, or to carry out the same functions and duties, as the case may be, under this Act.
	PART 9
	CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE
	Consequential Amendments
R.S., c. C-5	Canada Evidence Act
R.S., c. 19 (3rd Supp.), s. 17	166. *Subsection 4(2) of the Canada Evidence Act* is replaced by the following:**
Accused and spouse	(2) The wife or husband of a person charged with an offence under subsection 136(1) of the Youth Criminal Justice Act or with an offence under 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.
1992, c. 47	Contraventions Act
	167. *(1) The definition ``youth court'' in section 2 of the English version of the Contraventions Act* is repealed.**
	(2) The definition ``tribunal pour adolescents'' in section 2 of the French version of the Act is replaced by the following:
« tribunal pour adolescents » ``youth justice court''	« tribunal pour adolescents » À l'égard d'une contravention qui aurait été commise par un adolescent sur le territoire, ou dans le ressort des tribunaux, d'une province, le tribunal établi ou désigné sous le régime d'une loi provinciale, ou encore désigné par le gouverneur en conseil ou par le lieutenant-gouverneur en conseil, afin d'exercer les attributions du tribunal pour adolescents dans le cadre de la Loi sur le système de justice pénale pour les adolescents .
	(3) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:
``youth justice court'' « tribunal pour adoles- cents »	``youth justice 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 justice court for the purposes of the Youth Criminal Justice Act.
1996, c. 7, s. 2	168. Section 5 of the Act is replaced by the following:
Relationship with Criminal Code and Youth Criminal Justice Act	5. The provisions of the Criminal Code relating to summary conviction offences and the provisions of the Youth Criminal Justice 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.
	169. Subsection 17(2) of the Act is replaced by the following:
Jurisdiction of adult courts over young persons	(2) Notwithstanding the Youth Criminal Justice Act , a contraventions court or a justice of the peace has jurisdiction, to the exclusion of that of the youth justice 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.
	170. Paragraph 62(2)(a) of the Act is replaced by the following:
	(a) for the committal of the offender to custody under the Youth Criminal Justice Act , for one day, if the offender is a young person; or
1992, c. 20	Corrections and Conditional Release Act
1995, c. 42, s. 1(2)	171. *The definition ``sentence'' in subsection 2(1) of the Corrections and Conditional Release Act* is replaced by the following:**
``sentence'' « peinet » ou « peine d'emprisonne- ment »	``sentence'' means a sentence of imprisonment and includes a youth sentence imposed under the Youth Criminal Justice Act and 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;
	172. Subsection 15(1) of the Act is replaced by the following:
Newfoundlan d	15. (1) Notwithstanding any requirement in the Criminal Code or under the Youth Criminal Justice Act 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.
1995, c. 22, s. 13 (Sch.II, item 4), c. 42, par. 69(a)(E)	173. The definition ``offender'' in subsection 99(1) of the Act is replaced by the following:
``offender'' « délinquant »	``offender'' means
	(a) a person, other than a young person within the meaning of the Youth Criminal Justice Act , who is under a sentence imposed before or after the coming into force of this section
	(i) pursuant to an Act of Parliament or, to the extent that this Part applies, pursuant to a provincial Act, or
	(ii) on conviction for criminal or civil contempt of court if the sentence does not include a requirement that the offender return to that court, or
	(b) a young person within the meaning of the Youth Criminal Justice Act with respect to whom an order, committal or direction under section 76, 89, 92 or 93 of that Act has been made ,
	but does not include a person whose only sentence is a sentence being served intermittently pursuant to section 732 of the Criminal Code;
	174. The Act is amended by adding the following after section 99.1:
Young persons	99.2 In this Part, a young person within the meaning of the Youth Criminal Justice Act with respect to whom a committal or direction under section 89, 92 or 93 of that Act has been made begins to serve his or her sentence on the day on which the sentence comes into force in accordance with subsection 42(12) of that Act.
R.S., c. C-46	Criminal Code
1995, c. 27, s. 1	175. *The definitions ``adult'', ``provincial court judge'' and ``young person'' in section 487.04 of the Criminal Code* are replaced by the following:**
``adult'' « adulte »	``adult'' has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act ;
``provincial court judge'' « juge de la cour provinciale »	``provincial court judge'', in relation to a young person, includes a youth justice court judge within the meaning of subsection 2(1) of the Youth Criminal Justice Act ;
``young person'' « adolescent »	``young person'' has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act .