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| Declaration of
principles
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4. The following principles apply in this
Part in addition to the principles set out in
section 3:
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(a) extrajudicial measures are often the
most appropriate and effective way to
address youth crime;
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(b) extrajudicial measures allow for
effective and timely interventions focused
on correcting offending behaviour;
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(c) extrajudicial measures are presumed to
be adequate to hold a young person
accountable for his or her offending
behaviour if the young person has
committed a non-violent offence and has
not previously been found guilty of an
offence; and
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(d) extrajudicial measures should be used if
they are adequate to hold a young person
accountable for his or her offending
behaviour and, if the use of extrajudicial
measures is consistent with the principles
set out in this section, nothing in this Act
precludes their use in respect of a young
person who
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(i) has previously been dealt with by the
use of extrajudicial measures, or
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(ii) has previously been found guilty of an
offence.
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| Objectives
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5. Extrajudicial measures should be
designed to
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(a) provide an effective and timely response
to offending behaviour outside the bounds
of judicial measures;
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(b) encourage young persons to
acknowledge and repair the harm caused to
the victim and the community;
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(c) encourage families of young
persons - including extended families
where appropriate - and the community
to become involved in the design and
implementation of those measures;
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(d) provide an opportunity for victims to
participate in decisions related to the
measures selected and to receive
reparation; and
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(e) respect the rights and freedoms of young
persons and be proportionate to the
seriousness of the offence.
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| Warnings,
cautions and
referrals
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6. (1) A police officer shall, before starting
judicial proceedings or taking any other
measures under this Act against a young
person alleged to have committed an offence,
consider whether it would be sufficient,
having regard to the principles set out in
section 4, to take no further action, warn the
young person, administer a caution, if a
program has been established under section 7,
or, with the consent of the young person, refer
the young person to a program or agency in the
community that may assist the young person
not to commit offences.
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| Saving
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(2) The failure of a police officer to consider
the options set out in subsection (1) does not
invalidate any subsequent charges against the
young person for the offence.
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| Police
cautions
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7. The Attorney General, or any other
minister designated by the lieutenant
governor of a province, may establish a
program authorizing the police to administer
cautions to young persons instead of starting
judicial proceedings under this Act.
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| Crown
cautions
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8. The Attorney General may establish a
program authorizing prosecutors to
administer cautions to young persons instead
of starting or continuing judicial proceedings
under this Act.
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| Evidence of
measures is
inadmissible
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9. Evidence that a young person has
received a warning, caution or referral
mentioned in section 6, 7 or 8 or that a police
officer has taken no further action in respect of
an offence, and evidence of the offence, is
inadmissible for the purpose of proving prior
offending behaviour in any proceedings
before a youth justice court in respect of the
young person.
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| Extrajudicial
sanctions
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10. (1) An extrajudicial sanction may be
used to deal with a young person alleged to
have committed an offence only if the young
person cannot be adequately dealt with by a
warning, caution or referral mentioned in
section 6, 7 or 8 because of the seriousness of
the offence, the nature and number of previous
offences committed by the young person or
any other aggravating circumstances.
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| Conditions
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(2) An extrajudicial sanction may be used
only if
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(a) it is part of a program of sanctions that
may be authorized by the Attorney General
or authorized by a person, or a member of
a class of persons, designated by the
lieutenant governor in council of the
province;
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(b) the person who is considering whether to
use the extrajudicial sanction is satisfied
that it would be appropriate, having regard
to the needs of the young person and the
interests of society;
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(c) the young person, having been informed
of the extrajudicial sanction, fully and
freely consents to be subject to it;
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(d) the young person has, before consenting
to be subject to the extrajudicial sanction,
been advised of his or her right to be
represented by counsel and been given a
reasonable opportunity to consult with
counsel;
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(e) the young person accepts responsibility
for the act or omission that forms the basis
of the offence that he or she is alleged to
have committed;
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(f) there is, in the opinion of the Attorney
General, sufficient evidence to proceed
with the prosecution of the offence; and
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(g) the prosecution of the offence is not in
any way barred at law.
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| Restriction on
use
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(3) An extrajudicial sanction may not be
used in respect of a young person who
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(a) denies participation or involvement in
the commission of the offence; or
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(b) expresses the wish to have the charge
dealt with by a youth justice court.
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| Admissions
not admissible
in evidence
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(4) Any admission, confession or statement
accepting responsibility for a given act or
omission that is made by a young person as a
condition of being dealt with by extrajudicial
measures is inadmissible in evidence against
any young person in civil or criminal
proceedings.
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| No bar to
judicial
proceedings
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(5) The use of an extrajudicial sanction in
respect of a young person alleged to have
committed an offence is not a bar to judicial
proceedings under this Act, but if a charge is
laid against the young person in respect of the
offence,
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(a) the youth justice court shall dismiss the
charge if it is satisfied on a balance of
probabilities that the young person has
totally complied with the terms and
conditions of the extrajudicial sanction; and
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(b) the youth justice court may dismiss the
charge if it is satisfied on a balance of
probabilities that the young person has
partially complied with the terms and
conditions of the extrajudicial sanction and
if, in the opinion of the court, prosecution of
the charge would be unfair having regard to
the circumstances and the young person's
performance with respect to the
extrajudicial sanction.
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| Laying of
information,
etc.
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(6) Subject to subsection (5) and section 24
(private prosecutions only with consent of
Attorney General), nothing in this section
shall be construed as preventing any person
from laying an information or indictment,
obtaining the issue or confirmation of any
process or proceeding with the prosecution of
any offence in accordance with law.
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| Notice to
parent
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11. If a young person is dealt with by an
extrajudicial sanction, the person who
administers the program under which the
sanction is used shall inform a parent of the
young person of the sanction.
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| Victim's right
to information
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12. If a young person is dealt with by an
extrajudicial sanction, a police officer, the
Attorney General, the provincial director or
any organization established by a province to
provide assistance to victims shall, on request,
inform the victim of the identity of the young
person and how the offence has been dealt
with.
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| Designation
of youth
justice court
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13. (1) A youth justice court is any court that
may be established or designated by or under
an Act of the legislature of a province, or
designated by the Governor in Council or the
lieutenant governor in council of a province,
as a youth justice court for the purposes of this
Act, and a youth justice court judge is a person
who may be appointed or designated as a
judge of the youth justice court or a judge
sitting in a court established or designated as
a youth justice court.
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| Deemed
youth justice
court
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(2) When a young person elects to be tried
by a judge without a jury, the judge shall be a
judge as defined in section 552 of the Criminal
Code, or if it is an offence set out in section
469 of that Act, the judge shall be a judge of
the superior court of criminal jurisdiction in
the province in which the election is made. In
either case, the judge is deemed to be a youth
justice court judge and the court is deemed to
be a youth justice court for the purpose of the
proceeding.
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| Deemed
youth justice
court
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(3) When a young person elects or is
deemed to have elected to be tried by a court
composed of a judge and jury, the superior
court of criminal jurisdiction in the province
in which the election is made or deemed to
have been made is deemed to be a youth
justice court for the purpose of the proceeding,
and the superior court judge is deemed to be a
youth justice court judge.
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| Court of
record
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(4) A youth justice court is a court of record.
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| Exclusive
jurisdiction of
youth justice
court
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14. (1) Despite any other Act of Parliament
but subject to the Contraventions Act and the
National Defence Act, a youth justice court
has exclusive jurisdiction in respect of any
offence alleged to have been committed by a
person while he or she was a young person,
and that person shall be dealt with as provided
in this Act.
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| Orders
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(2) A youth justice court has jurisdiction to
make orders against a young person under
sections 810 (recognizance - fear of injury
or damage), 810.01 (recognizance - fear of
criminal organization offence) and 810.2
(recognizance - fear of serious personal
injury offence) of the Criminal Code. If the
young person fails or refuses to enter into a
recognizance referred to in any of those
sections, the court may impose any one of the
sanctions set out in subsection 42(2) (youth
sentences) except that, in the case of an order
under paragraph 42(2)(n) (custody and
supervision order), it shall not exceed thirty
days.
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| Prosecution
prohibited
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(3) Unless the Attorney General and the
young person agree, no extrajudicial measures
shall be taken or judicial proceedings
commenced under this Act in respect of an
offence after the end of the time limit set out
in any other Act of Parliament or any
regulation made under it for the institution of
proceedings in respect of that offence.
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| Continuation
of
proceedings
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(4) Extrajudicial measures taken or judicial
proceedings commenced under this Act
against a young person may be continued
under this Act after the person attains the age
of eighteen years.
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| Young
persons over
the age of
eighteen years
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(5) This Act applies to persons eighteen
years old or older who are alleged to have
committed an offence while a young person.
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| Powers of
youth justice
court judge
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(6) For the purpose of carrying out the
provisions of this Act, a youth justice court
judge is a justice and a provincial court judge
and has the jurisdiction and powers of a
summary conviction court under the Criminal
Code.
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| Powers of a
judge of a
superior court
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(7) A judge of a superior court of criminal
jurisdiction, when deemed to be a youth
justice court judge for the purpose of a
proceeding, retains the jurisdiction and
powers of a superior court of criminal
jurisdiction.
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| Contempt
against youth
justice court
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15. (1) Every youth justice court has the
same power, jurisdiction and authority to deal
with and impose punishment for contempt
against the court as may be exercised by the
superior court of criminal jurisdiction of the
province in which the court is situated.
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| Jurisdiction of
youth justice
court
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(2) A youth justice court has jurisdiction in
respect of every contempt of court committed
by a young person against the youth justice
court whether or not committed in the face of
the court, and every contempt of court
committed by a young person against any
other court otherwise than in the face of that
court.
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| Concurrent
jurisdiction of
youth justice
court
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(3) A youth justice court has jurisdiction in
respect of every contempt of court committed
by a young person against any other court in
the face of that court and every contempt of
court committed by an adult against the youth
justice court in the face of the youth justice
court, but nothing in this subsection affects the
power, jurisdiction or authority of any other
court to deal with or impose punishment for
contempt of court.
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| Youth
sentence -
contempt
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(4) When a youth justice court or any other
court finds a young person guilty of contempt
of court, it may impose as a youth sentence
any one of the sanctions set out in subsection
42(2) (youth sentences), or any number of
them that are not inconsistent with each other,
but no other sentence.
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| Section 708 of
Criminal
Code applies
in respect of
adults
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(5) Section 708 (contempt) of the Criminal
Code applies in respect of proceedings under
this section in youth justice court against
adults, with any modifications that the
circumstances require.
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| Status of
offender
uncertain
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16. When a person is alleged to have
committed an offence during a period that
includes the date on which the person attains
the age of eighteen years, the youth justice
court has jurisdiction in respect of the offence
and shall, after putting the person to their
election under section 67 (adult sentence) if
applicable, and on finding the person guilty of
the offence,
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(a) if it has been proven that the offence was
committed before the person attained the
age of eighteen years, impose a sentence
under this Act;
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(b) if it has been proven that the offence was
committed after the person attained the age
of eighteen years, impose any sentence that
could be imposed under the Criminal Code
or any other Act of Parliament on an adult
who has been convicted of the same
offence; and
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(c) if it has not been proven that the offence
was committed after the person attained the
age of eighteen years, impose a sentence
under this Act.
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| Youth justice
court may
make rules
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17. (1) The youth justice court for a
province may, subject to the approval of the
lieutenant governor in council of the province,
establish rules of court not inconsistent with
this Act or any other Act of Parliament or with
any regulations made under section 155
regulating proceedings within the jurisdiction
of the youth justice court.
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| Rules of court
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(2) Rules under subsection (1) may be made
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(a) generally to regulate the duties of the
officers of the youth justice court and any
other matter considered expedient to attain
the ends of justice and carry into effect the
provisions of this Act;
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(b) subject to any regulations made under
paragraph 155(b), to regulate the practice
and procedure in the youth justice court;
and
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(c) to prescribe forms to be used in the youth
justice court if they are not otherwise
provided for by or under this Act.
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| Publication of
rules
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(3) Rules of court that are made under the
authority of this section shall be published in
the appropriate provincial gazette.
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