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| Identification
of Criminals
Act applies
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113. (1) The Identification of Criminals Act
applies in respect of young persons.
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| Limitation
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(2) No fingerprint, palmprint or photograph
or other measurement, process or operation
referred to in the Identification of Criminals
Act shall be taken of, or applied in respect of,
a young person who is charged with having
committed an offence except in the
circumstances in which an adult may, under
that Act, be subjected to the measurements,
processes and operations.
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| Youth justice
court, review
board and
other courts
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114. A youth justice court, review board or
any court dealing with matters arising out of
proceedings under this Act may keep a record
of any case that comes before it arising under
this Act.
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| Police records
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115. (1) A record relating to any offence
alleged to have been committed by a young
person, including the original or a copy of any
fingerprints or photographs of the young
person, may be kept by any police force
responsible for or participating in the
investigation of the offence.
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| Police records
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(2) When a young person is charged with
having committed an offence in respect of
which an adult may be subjected to any
measurement, process or operation referred to
in the Identification of Criminals Act, the
police force responsible for the investigation
of the offence may provide a record relating to
the offence to the Royal Canadian Mounted
Police. If the young person is found guilty of
the offence, the police force shall provide the
record.
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| Records held
by R.C.M.P.
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(3) The Royal Canadian Mounted Police
shall keep the records provided under
subsection (2) in the central repository that the
Commissioner of the Royal Canadian
Mounted Police may, from time to time,
designate for the purpose of keeping criminal
history files or records of offenders or keeping
records for the identification of offenders.
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| Government
records
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116. (1) A department or an agency of any
government in Canada may keep records
containing information obtained by the
department or agency
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(a) for the purposes of an investigation of an
offence alleged to have been committed by
a young person;
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(b) for use in proceedings against a young
person under this Act;
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(c) for the purpose of administering a youth
sentence or an order of the youth justice
court;
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(d) for the purpose of considering whether
to use extrajudicial measures to deal with a
young person; or
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(e) as a result of the use of extrajudicial
measures to deal with a young person.
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| Other records
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(2) A person or organization may keep
records containing information obtained by
the person or organization
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(a) as a result of the use of extrajudicial
measures to deal with a young person; or
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(b) for the purpose of administering or
participating in the administration of a
youth sentence.
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| Exception -
adult sentence
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117. Sections 118 to 129 do not apply to
records kept in respect of an offence for which
an adult sentence has been imposed once the
time allowed for the taking of an appeal has
expired or, if an appeal is taken, all
proceedings in respect of the appeal have been
completed and the appeal court has upheld an
adult sentence. The record shall be dealt with
as a record of an adult and, 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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| No access
unless
authorized
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118. (1) Except as authorized or required by
this Act, no person shall be given access to a
record kept under sections 114 to 116, and no
information contained in it may be given to
any person, where to do so would identify the
young person to whom it relates as a young
person dealt with under this Act.
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| Exception for
employees
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(2) No person who is employed in keeping
or maintaining records referred to in
subsection (1) is restricted from doing
anything prohibited under subsection (1) with
respect to any other person so employed.
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| Persons
having access
to records
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119. (1) Subject to subsections (4) to (6),
from the date that a record is created until the
end of the applicable period set out in
subsection (2), the following persons, on
request, shall be given access to a record kept
under section 114, and may be given access to
a record kept under sections 115 and 116:
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(a) the young person to whom the record
relates;
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(b) the young person's counsel, or any
representative of that counsel;
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(c) the Attorney General;
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(d) the victim of the offence or alleged
offence to which the record relates;
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(e) the parents of the young person, during
the course of any proceedings relating to the
offence or alleged offence to which the
record relates or during the term of any
youth sentence made in respect of the
offence;
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(f) any adult assisting the young person
under subsection 25(7), during the course of
any proceedings relating to the offence or
alleged offence to which the record relates
or during the term of any youth sentence
made in respect of the offence;
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(g) any peace officer for
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(i) law enforcement purposes, or
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(ii) any purpose related to the
administration of the case to which the
record relates, during the course of
proceedings against the young person or
the term of the youth sentence;
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(h) a judge, court or review board, for any
purpose relating to proceedings against the
young person, or proceedings against the
person after he or she becomes an adult, in
respect of offences committed or alleged to
have been committed by that person;
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(i) the provincial director, or the director of
the provincial correctional facility for
adults or the penitentiary at which the
young person is serving a sentence;
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(j) a person participating in a conference or
in the administration of extrajudicial
measures, if required for the administration
of the case to which the record relates;
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(k) a person acting as ombudsman, privacy
commissioner or information
commissioner, whatever his or her official
designation might be, who in the course of
his or her duties under an Act of Parliament
or the legislature of a province is
investigating a complaint to which the
record relates;
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(l) a coroner or a person acting as a child
advocate, whatever his or her official
designation might be, who is acting in the
course of his or her duties under an Act of
Parliament or the legislature of a province;
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(m) a person acting under the Firearms Act;
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(n) a member of a department or agency of
a government in Canada, or of an
organization that is an agent of, or under
contract with, the department or agency,
who is
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(i) acting in the exercise of his or her
duties under this Act,
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(ii) engaged in the supervision or care of
the young person, whether as a young
person or an adult, or in an investigation
related to the young person under an Act
of the legislature of a province respecting
child welfare,
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(iii) considering an application for
conditional release or pardon made by
the young person, whether as a young
person or an adult,
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(iv) administering a prohibition order
made under an Act of Parliament or the
legislature of a province, or
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(v) administering a youth sentence, if the
young person has been committed to
custody and is serving the custody in a
provincial correctional facility for adults
or a penitentiary;
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(o) a person, for the purpose of carrying out
a criminal record check required by the
Government of Canada or the government
of a province or a municipality for purposes
of employment or the performance of
services, with or without remuneration;
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(p) an employee or agent of the Government
of Canada, for statistical purposes under the
Statistics Act;
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(q) an accused or his or her counsel who
swears an affidavit to the effect that access
to the record is necessary to make a full
answer and defence;
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(r) a person or a member of a class of
persons designated by order of the
Governor in Council, or the lieutenant
governor in council of the appropriate
province, for a purpose and to the extent
specified in the order; and
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(s) any person or member of a class of
persons that a youth justice court judge
considers has a valid interest in the record,
to the extent directed by the judge, if the
judge is satisfied that access to the record is
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(i) desirable in the public interest for
research or statistical purposes, or
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(ii) desirable in the interest of the proper
administration of justice.
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| Period of
access
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(2) The period of access referred to in
subsection (1) is
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(a) if an extrajudicial sanction is used to
deal with the young person, the period
ending two years after the young person
consents to be subject to the sanction in
accordance with paragraph 10(2)(c);
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(b) if the young person is acquitted of the
offence otherwise than by reason of a
verdict of not criminally responsible on
account of mental disorder, the period
ending two months after the expiry of the
time allowed for the taking of an appeal or,
if an appeal is taken, the period ending three
months after all proceedings in respect of
the appeal have been completed;
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(c) if the charge against the young person is
dismissed for any reason other than
acquittal, the charge is withdrawn, or the
young person is found guilty of the offence
and a reprimand is given, the period ending
two months after the dismissal, withdrawal,
or finding of guilt;
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(d) if the charge against the young person is
stayed, with no proceedings being taken
against the young person for a period of one
year, at the end of that period;
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(e) if the young person is found guilty of the
offence and the youth sentence is an
absolute discharge, the period ending one
year after the young person is found guilty;
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(f) if the young person is found guilty of the
offence and the youth sentence is a
conditional discharge, the period ending
three years after the young person is found
guilty;
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(g) subject to paragraphs (i) and (j) and
subsection (9), if the young person is found
guilty of the offence and it is a summary
conviction offence, the period ending three
years after the youth sentence imposed in
respect of the offence has been completed;
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(h) subject to paragraphs (i) and (j) and
subsection (9), if the young person is found
guilty of the offence and it is an indictable
offence, the period ending five years after
the youth sentence imposed in respect of the
offence has been completed;
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(i) subject to subsection (9), if, during the
period calculated in accordance with
paragraph (g) or (h), the young person is
found guilty of an offence punishable on
summary conviction committed when he or
she was a young person, the latest of
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(i) the period calculated in accordance
with paragraph (g) or (h), as the case may
be, and
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(ii) the period ending three years after the
youth sentence imposed for that offence
has been completed; and
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(j) subject to subsection (9), if, during the
period calculated in accordance with
paragraph (g) or (h), the young person is
found guilty of an indictable offence
committed when he or she was a young
person, the period ending five years after
the sentence imposed for that indictable
offence has been completed.
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| Prohibition
orders not
included
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(3) Prohibition orders made under an Act of
Parliament or the legislature of a province,
including any order made under section 51,
shall not be taken into account in determining
any period referred to in subsection (2).
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| Extrajudicial
measures
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(4) Access to a record kept under section
115 or 116 in respect of extrajudicial
measures, other than extrajudicial sanctions,
used in respect of a young person shall be
given only to the following persons for the
following purposes:
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(a) a peace officer or the Attorney General,
in order to make a decision whether to again
use extrajudicial measures in respect of the
young person;
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(b) a person participating in a conference, in
order to decide on the appropriate
extrajudicial measure;
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(c) a peace officer, the Attorney General or
a person participating in a conference, if
access is required for the administration of
the case to which the record relates; and
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(d) a peace officer for the purpose of
investigating an offence.
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| Exception
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(5) When a youth justice court has withheld
all or part of a report from any person under
subsection 34(9) or (10) (nondisclosure of
medical or psychological report) or 40(7)
(nondisclosure of pre-sentence report), that
person shall not be given access under
subsection (1) to that report or part.
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| Records of
assessments or
forensic DNA
analysis
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(6) Access to a report made under section 34
(medical and psychological reports) or a
record of the results of forensic DNA analysis
of a bodily substance taken from a young
person in execution of a warrant issued under
section 487.05 of the Criminal Code may be
given only under paragraphs (1)(a) to (c), (e)
to (h) and (q) and subparagraph (1)(s)(ii).
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| Introduction
into evidence
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(7) Nothing in paragraph (1)(h) or (q)
authorizes the introduction into evidence of
any part of a record that would not otherwise
be admissible in evidence.
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| Disclosures
for research or
statistical
purposes
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(8) When access to a record is given to a
person under paragraph (1)(p) or
subparagraph (1)(s)(i), the 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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| Application of
usual rules
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(9) If, during the period of access to a record
under any of paragraphs (2)(g) to (j), the
young person is convicted of an offence
committed when he or she is an adult,
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(a) section 82 (effect of absolute discharge
or termination of youth sentence) does not
apply to the young person in respect of the
offence for which the record is kept under
sections 114 to 116;
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(b) this Part no longer applies to the record
and the record shall be dealt with as a record
of an adult; and
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(c) 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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| Records of
offences that
result in a
prohibition
order
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(10) Despite anything in this Act, when a
young person is found guilty of an offence that
results in a prohibition order being made, and
the order is still in force at the end of the
applicable period for which access to a record
kept in respect of the order may be given under
subsection (2),
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(a) the record kept by the Royal Canadian
Mounted Police pursuant to subsection
115(3) may be disclosed only to establish
the existence of the order for purposes of
law enforcement; and
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(b) the record referred to in section 114 that
is kept by the youth justice court may be
disclosed only to establish the existence of
the order in any offence involving a breach
of the order.
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| Access to
R.C.M.P.
records
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120. (1) The following persons may, during
the period set out in subsection (3), be given
access to a record kept under subsection
115(3) in respect of an offence set out in the
schedule:
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(a) the young person to whom the record
relates;
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(b) the young person's counsel, or any
representative of that counsel;
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(c) an employee or agent of the Government
of Canada, for statistical purposes under the
Statistics Act;
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(d) any person or member of a class of
persons that a youth justice court judge
considers has a valid interest in the record,
to the extent directed by the judge, if the
judge is satisfied that access is desirable in
the public interest for research or statistical
purposes;
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(e) the Attorney General or a peace officer,
when the young person is or has been
charged with another offence set out in the
schedule or the same offence more than
once, for the purpose of investigating any
offence that the young person is suspected
of having committed, or in respect of which
the young person has been arrested or
charged, whether as a young person or as an
adult;
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(f) the Attorney General or a peace officer
to establish the existence of an order in any
offence involving a breach of the order; and
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(g) any person for the purposes of the
Firearms Act.
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| Access for
identification
purposes
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(2) During the period set out in subsection
(3), access to the portion of a record kept under
subsection 115(3) that contains the name, date
of birth and last known address of the young
person to whom the fingerprints belong, may
be given to a person for identification
purposes if a fingerprint identified as that of
the young person is found during the
investigation of an offence or during an
attempt to identify a deceased person or a
person suffering from amnesia.
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