| Order
requiring
attendance of
parent
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27. (1) If a parent does not attend
proceedings held before a youth justice court
in respect of a young person, the court may, if
in its opinion the presence of the parent is
necessary or in the best interests of the young
person, by order in writing require the parent
to attend at any stage of the proceedings.
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| No order in
ticket
proceedings
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(2) Subsection (1) does not apply in
proceedings commenced by filing a ticket
under the Contraventions Act.
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| Service of
order
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(3) A copy of the order shall be served by a
peace officer or by a person designated by a
youth justice court by delivering it personally
to the parent to whom it is directed, unless the
youth justice court authorizes service by
confirmed delivery service.
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| Failure to
attend
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(4) A parent who is ordered to attend a youth
justice court under subsection (1) and who
fails without reasonable excuse, the proof of
which lies on the parent, to comply with the
order
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(a) is guilty of contempt of court;
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(b) may be dealt with summarily by the
court; and
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(c) is liable to the punishment provided for
in the Criminal Code for a summary
conviction offence.
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| Warrant to
arrest parent
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(5) If a parent who is ordered to attend a
youth justice court under subsection (1) does
not attend when required by the order or fails
to remain in attendance as required and it is
proved that a copy of the order was served on
the parent, a youth justice court may issue a
warrant to compel the attendance of the
parent.
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| Application of
Part XVI of
Criminal
Code
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28. Except to the extent that they are
inconsistent with or excluded by this Act, the
provisions of Part XVI (compelling
appearance of an accused and interim release)
of the Criminal Code apply to the detention
and release of young persons under this Act.
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| Detention as
social
measure
prohibited
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29. (1) A youth justice court judge or a
justice shall not detain a young person in
custody prior to being sentenced as a
substitute for appropriate child protection,
mental health or other social measures.
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| Detention
presumed
unnecessary
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(2) In considering whether the detention of
a young person is necessary for the protection
or safety of the public under paragraph
515(10)(b) (substantial likelihood - commit
an offence or interfere with the administration
of justice) of the Criminal Code, a youth
justice court or a justice shall presume that
detention is not necessary under that
paragraph if the young person could not, on
being found guilty, be committed to custody
on the grounds set out in paragraphs 39(1)(a)
to (c) (restrictions on committal to custody).
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| Designated
place of
temporary
detention
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30. (1) Subject to subsection (7), a young
person who is arrested and detained prior to
being sentenced, or who is detained in
accordance with a warrant issued under
subsection 59(6) (compelling appearance for
review of sentence), shall be detained in any
place of temporary detention that may be
designated by the lieutenant governor in
council of the province or his or her delegate
or in a place within a class of places so
designated.
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| Exception
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(2) A young person who is detained in a
place of temporary detention under subsection
(1) may, in the course of being transferred
from that place to the court or from the court
to that place, be held under the supervision and
control of a peace officer.
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| Detention
separate from
adults
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(3) A young person referred to in subsection
(1) shall be held separate and apart from any
adult who is detained or held in custody unless
a youth justice court judge or a justice is
satisfied that, having regard to the best
interests of the young person,
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(a) the young person cannot, having regard
to his or her own safety or the safety of
others, be detained in a place of detention
for young persons; or
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(b) no place of detention for young persons
is available within a reasonable distance.
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| Transfer to
adult facility
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(4) When a young person is detained under
subsection (1), the youth justice court may, on
application of the provincial director made at
any time after the young person attains the age
of eighteen years, after giving the young
person an opportunity to be heard, authorize
the provincial director to direct, despite
subsection (3), that the young person be
temporarily detained in a provincial
correctional facility for adults, if the court
considers it to be in the best interests of the
young person or in the public interest.
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| When young
person is
twenty years
old or older
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(5) When a young person is twenty years old
or older at the time his or her temporary
detention under subsection (1) begins, the
young person shall, despite subsection (3), be
temporarily detained in a provincial
correctional facility for adults.
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| Transfer by
provincial
director
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(6) A young person who is detained in
custody under subsection (1) may, during the
period of detention, be transferred by the
provincial director from one place of
temporary detention to another.
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| Exception
relating to
temporary
detention
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(7) Subsections (1) and (3) do not apply in
respect of any temporary restraint of a young
person under the supervision and control of a
peace officer after arrest, but a young person
who is so restrained shall be transferred to a
place of temporary detention referred to in
subsection (1) as soon as is practicable, and in
no case later than the first reasonable
opportunity after the appearance of the young
person before a youth justice court judge or a
justice under section 503 of the Criminal
Code.
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| Authorization
of provincial
authority for
detention
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(8) In any province for which the lieutenant
governor in council has designated a person or
a group of persons whose authorization is
required, either in all circumstances or in
circumstances specified by the lieutenant
governor in council, before a young person
who has been arrested may be detained in
accordance with this section, no young person
shall be so detained unless the authorization is
obtained.
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| Determination
by provincial
authority of
place of
detention
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(9) In any province for which the lieutenant
governor in council has designated a person or
a group of persons who may determine the
place where a young person who has been
arrested may be detained in accordance with
this section, no young person may be so
detained in a place other than the one so
determined.
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| Placement of
young person
in care of
responsible
person
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31. (1) A young person who has been
arrested may be placed in the care of a
responsible person instead of being detained
in custody if a youth justice court or a justice
is satisfied that
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(a) the young person would, but for this
subsection, be detained in custody under
section 515 (judicial interim release) of the
Criminal Code;
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(b) the person is willing and able to take
care of and exercise control over the young
person; and
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(c) the young person is willing to be placed
in the care of that person.
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| Inquiry as to
availability of
a responsible
person
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(2) If a young person would, in the absence
of a responsible person, be detained in
custody, the youth justice court or the justice
shall inquire as to the availability of a
responsible person and whether the young
person is willing to be placed in that person's
care.
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| Condition of
placement
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(3) A young person shall not be placed in the
care of a person under subsection (1) unless
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(a) that person undertakes in writing to take
care of and to be responsible for the
attendance of the young person in court
when required and to comply with any other
conditions that the youth justice court judge
or the justice may specify; and
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(b) the young person undertakes in writing
to comply with the arrangement and to
comply with any other conditions that the
youth justice court judge or the justice may
specify.
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| Removing
young person
from care
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(4) A young person, a person in whose care
a young person has been placed or any other
person may, by application in writing to a
youth justice court judge or a justice, apply for
an order under subsection (5) if
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(a) the person in whose care the young
person has been placed is no longer willing
or able to take care of or exercise control
over the young person; or
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(b) it is, for any other reason, no longer
appropriate that the young person remain in
the care of the person with whom he or she
has been placed.
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| Order
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(5) When a youth justice court judge or a
justice is satisfied that a young person should
not remain in the custody of the person in
whose care he or she was placed under
subsection (1), the judge or justice shall
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(a) make an order relieving the person and
the young person of the obligations
undertaken under subsection (3); and
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(b) issue a warrant for the arrest of the
young person.
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| Effect of
arrest
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(6) If a young person is arrested in
accordance with a warrant issued under
paragraph (5)(b), the young person shall be
taken before a youth justice court judge or a
justice without delay and dealt with under this
section and sections 28 to 30.
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| Appearance
before judge
or justice
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32. (1) A young person against whom an
information or indictment is laid must first
appear before a youth justice court judge or a
justice, and the judge or justice shall
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(a) cause the information or indictment to
be read to the young person;
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(b) if the young person is not represented by
counsel, inform the young person of the
right to retain and instruct counsel;
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(c) if notified under subsection 64(2)
(intention to seek adult sentence) or if
section 16 (status of accused uncertain)
applies, inform the young person that the
youth justice court might, if the young
person is found guilty, order that an adult
sentence be imposed; and
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(d) if the young person is charged with
having committed an offence set out in
paragraph (a) of the definition
``presumptive offence'' in subsection 2(1),
inform the young person in the following
words of the consequences of being charged
with such an offence:
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An adult sentence will be imposed if you
are found guilty unless the court orders
that you are not liable to an adult sentence
and that a youth sentence must be
imposed.
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| Waiver
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(2) A young person may waive the
requirements of subsection (1) if the young
person is represented by counsel and counsel
advises the court that the young person has
been informed of that provision.
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| Young person
not
represented
by counsel
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(3) When a young person is not represented
by counsel, the youth justice court, before
accepting a plea, shall
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(a) satisfy itself that the young person
understands the charge;
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(b) if the young person is liable to an adult
sentence, explain to the young person the
consequences of being liable to an adult
sentence and the procedure by which the
young person may apply for an order that a
youth sentence be imposed; and
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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.
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| If youth
justice court
not satisfied
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(4) If the youth justice court is not satisfied
that a young person understands the charge,
the court shall, unless the young person must
be put to his or her election under subsection
67(1) (election of court for trial - adult
sentence) or, with respect to Nunavut,
subsection 67(3) (election of court for trial in
Nunavut - adult sentence), enter a plea of
not guilty on behalf of the young person and
proceed with the trial in accordance with
subsection 36(2) (young person pleads not
guilty).
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| If youth
justice court
not satisfied
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(5) If the youth justice court is not satisfied
that a young person understands the matters
set out in subsection (3), the court shall direct
that the young person be represented by
counsel.
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| Application
for release
from or
detention in
custody
|
33. (1) If an order is made under section 515
(judicial interim release) of the Criminal Code
in respect of a young person by a justice who
is not a youth justice court judge, an
application may, at any time after the order is
made, be made to a youth justice court for the
release from or detention in custody of the
young person, as the case may be, and the
youth justice court shall hear the matter as an
original application.
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| Notice to
prosecutor
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(2) An application under subsection (1) for
release from custody shall not be heard unless
the young person has given the prosecutor at
least two clear days notice in writing of the
application.
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| Notice to
young person
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(3) An application under subsection (1) for
detention in custody shall not be heard unless
the prosecutor has given the young person at
least two clear days notice in writing of the
application.
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| Waiver of
notice
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(4) The requirement for notice under
subsection (2) or (3) may be waived by the
prosecutor or by the young person or his or her
counsel, as the case may be.
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| Application
for review
under section
520 or 521 of
Criminal
Code
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(5) An application under section 520 or 521
of the Criminal Code for a review of an order
made in respect of a young person by a youth
justice court judge who is a judge of a superior
court shall be made to a judge of the court of
appeal.
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| Nunavut
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(6) Despite subsection (5), an application
under section 520 or 521 of the Criminal Code
for a review of an order made in respect of a
young person by a youth justice court judge
who is a judge of the Nunavut Court of Justice
shall be made to a judge of that court.
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| No review
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(7) No application may be made under
section 520 or 521 of the Criminal Code for a
review of an order made in respect of a young
person by a justice who is not a youth justice
court judge.
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| Interim
release by
youth justice
court judge
only
|
(8) If a young person against whom
proceedings have been taken under this Act is
charged with an offence referred to in section
522 of the Criminal Code, a youth justice
court judge, but no other court, judge or
justice, may release the young person from
custody under that section.
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| Review by
court of
appeal
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(9) A decision made by a youth justice court
judge under subsection (8) may be reviewed in
accordance with section 680 of the Criminal
Code and that section applies, with any
modifications that the circumstances require,
to any decision so made.
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