| If application
denied
|
(6) If an application under this section is
denied, the court may, with the consent of the
young person, the Attorney General and the
provincial director, proceed as though the
young person had been brought before the
court as required under subsection 105(1).
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| Conditional
supervision
|
105. (1) The provincial director of the
province in which a young person on whom a
youth sentence under paragraph 42(2)(o), (q)
or (r) has been imposed is held in custody or,
if applicable, with respect to whom an order
has been made under subsection 104(1)
(continuation of custody), shall cause the
young person to be brought before the youth
justice court at least one month before the
expiry of the custodial portion of the youth
sentence. The court shall, after giving the
young person an opportunity to be heard, by
order, set the conditions of the young person's
conditional supervision.
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| Conditions to
be included in
order
|
(2) The youth justice court shall include in
the order under subsection (1) the following
conditions, namely, that the young person
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(a) keep the peace and be of good
behaviour;
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(b) appear before the youth justice court
when required by the court to do so;
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(c) report to the provincial director
immediately on release, and then be under
the supervision of the provincial director or
a person designated by the youth justice
court;
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(d) inform the provincial director
immediately on being arrested or
questioned by the police;
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(e) report to the police, or any named
individual, as instructed by the provincial
director;
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(f) advise the provincial director of the
young person's address of residence on
release and after release report immediately
to the clerk of the youth justice court or the
provincial director any change
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(ii) in the young person's normal
occupation, including employment,
vocational or educational training and
volunteer work,
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(iii) in the young person's family or
financial situation, and
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(iv) that may reasonably be expected to
affect the young person's ability to
comply with the conditions of the order;
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(g) not own, possess or have the control of
any weapon, ammunition, prohibited
ammunition, prohibited device or explosive
substance, except as authorized by the
order; and
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(h) comply with any reasonable instructions
that the provincial director considers
necessary in respect of any condition of the
conditional supervision in order to prevent
a breach of that condition or to protect
society.
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| Other
conditions
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(3) In setting conditions for the purposes of
subsection (1), the youth justice court may
include in the order the following conditions,
namely, that the young person
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(a) on release, travel directly to the young
person's place of residence, or to any other
place that is noted in the order;
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(b) make reasonable efforts to obtain and
maintain suitable employment;
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(c) attend school or any other place of
learning, training or recreation that is
appropriate, if the court is satisfied that a
suitable program is available for the young
person at such a place;
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(d) reside with a parent, or any other adult
that the court considers appropriate, who is
willing to provide for the care and
maintenance of the young person;
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(e) reside in any place that the provincial
director may specify;
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(f) remain within the territorial jurisdiction
of one or more courts named in the order;
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(g) comply with conditions set out in the
order that support and address the needs of
the young person and promote the
reintegration of the young person into the
community; and
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(h) comply with any other conditions set out
in the order that the court considers
appropriate, including conditions for
securing the young person's good conduct
and for preventing the young person from
repeating the offence or committing other
offences.
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| Temporary
conditions
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(4) When a provincial director is required
under subsection (1) to cause a young person
to be brought before the youth justice court but
cannot do so for reasons beyond the young
person's control, the provincial director shall
so advise the youth justice court and the court
shall, by order, set any temporary conditions
for the young person's conditional supervision
that are appropriate in the circumstances.
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| Conditions to
be set at first
opportunity
|
(5) When an order is made under subsection
(4), the provincial director shall bring the
young person before the youth justice court as
soon after the order is made as the
circumstances permit and the court shall then
set the conditions of the young person's
conditional supervision.
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| Report
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(6) For the purpose of setting conditions
under this section, the youth justice court shall
require the provincial director to cause to be
prepared, and to submit to the youth justice
court, a report setting out any information that
may be of assistance to the court.
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| Provisions
apply
|
(7) Subsections 99(2) to (7) (provisions
respecting reports and notice) and 104(4)
(ordering appearance of young person) apply,
with any modifications that the circumstances
require, in respect of any proceedings held
under subsection (1).
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| Provisions
apply
|
(8) Subsections 56(1) to (4) (provisions
respecting probation orders), (7) (notice to
appear) and (8) (warrant in default) and
section 101 (review of youth justice court
decision) apply, with any modifications that
the circumstances require, in respect of an
order made under subsection (1).
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| Suspension of
conditional
supervision
|
106. If the provincial director has
reasonable grounds to believe that a young
person has breached or is about to breach a
condition of an order made under subsection
105(1), the provincial director may, in writing,
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(a) suspend the conditional supervision;
and
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(b) order that the young person be remanded
to any youth custody facility that the
provincial director considers appropriate
until a review is conducted under section
108 and, if applicable, section 109.
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| Apprehension
|
107. (1) If the conditional supervision of a
young person is suspended under section 106,
the provincial director may issue a warrant in
writing, authorizing the apprehension of the
young person and, until the young person is
apprehended, the young person is deemed not
to be continuing to serve the youth sentence
the young person is then serving.
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| Warrants
|
(2) A warrant issued under subsection (1)
shall be executed by any peace officer to
whom it is given at any place in Canada and
has the same force and effect in all parts of
Canada as if it had been originally issued or
subsequently endorsed by a provincial court
judge or other lawful authority having
jurisdiction in the place where it is executed.
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| Peace officer
may arrest
|
(3) If a peace officer believes on reasonable
grounds that a warrant issued under subsection
(1) is in force in respect of a young person, the
peace officer may arrest the young person
without the warrant at any place in Canada.
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| Requirement
to bring
before
provincial
director
|
(4) If a young person is arrested under
subsection (3) and detained, the peace officer
making the arrest shall cause the young person
to be brought before the provincial director or
a person designated by the provincial director
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(a) if the provincial director or the
designated person is available within a
period of twenty-four hours after the young
person is arrested, without unreasonable
delay and in any event within that period;
and
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(b) if the provincial director or the
designated person is not available within
that period, as soon as possible.
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| Release or
remand in
custody
|
(5) If a young person is brought before the
provincial director or a person designated by
the provincial director under subsection (4),
the provincial director or the designated
person
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(a) if not satisfied that there are reasonable
grounds to believe that the young person is
the young person in respect of whom the
warrant referred to in subsection (1) was
issued, shall release the young person; or
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(b) if satisfied that there are reasonable
grounds to believe that the young person is
the young person in respect of whom the
warrant referred to in subsection (1) was
issued, may remand the young person in
custody to await execution of the warrant,
but if no warrant for the young person's
arrest is executed within a period of
forty-eight hours after the time the young
person is remanded in custody, the person in
whose custody the young person then is
shall release the young person.
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| Review by
provincial
director
|
108. Without delay after the remand to
custody of a young person whose conditional
supervision has been suspended under section
106, or without delay after being informed of
the arrest of such a young person, the
provincial director shall review the case and,
within forty-eight hours, cancel the
suspension of the conditional supervision or
refer the case to the youth justice court for a
review under section 109.
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| Review by
youth justice
court
|
109. (1) If the case of a young person is
referred to the youth justice court under
section 108, the provincial director shall,
without delay, cause the young person to be
brought before the youth justice court, and the
youth justice court shall, after giving the
young person an opportunity to be heard,
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(a) if the court is not satisfied on reasonable
grounds that the young person has breached
or was about to breach a condition of the
conditional supervision, cancel the
suspension of the conditional supervision;
or
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(b) if the court is satisfied on reasonable
grounds that the young person has breached
or was about to breach a condition of the
conditional supervision, review the
decision of the provincial director to
suspend the conditional supervision and
make an order under subsection (2).
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| Order
|
(2) On completion of a review under
subsection (1), the youth justice court shall
order
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(a) the cancellation of the suspension of the
conditional supervision, and when the court
does so, the court may vary the conditions
of the conditional supervision or impose
new conditions;
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(b) in a case other than a deferred custody
and supervision order made under
paragraph 42(2)(p), the continuation of the
suspension of the conditional supervision
for any period of time, not to exceed the
remainder of the youth sentence the young
person is then serving, that the court
considers appropriate, and when the court
does so, the court shall order that the young
person remain in custody; or
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(c) in the case of a deferred custody and
supervision order made under paragraph
42(2)(p), that the young person serve the
remainder of the order as if it were a custody
and supervision order under paragraph
42(2)(n).
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| Custody and
supervision
order
|
(3) After a court has made a direction under
paragraph (2)(c), the provisions of this Act
applicable to orders under paragraph 42(2)(n)
apply in respect of the deferred custody and
supervision order.
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| Factors to be
considered
|
(4) In making its decision under subsection
(2), the court shall consider the length of time
the young person has been subject to the order,
whether the young person has previously
contravened it, and the nature of the
contravention, if any.
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| Reasons
|
(5) When a youth justice court makes an
order under subsection (2), it shall state its
reasons for the order in the record of the case
and shall give, or cause to be given, to the
young person in respect of whom the order
was made, the counsel and a parent of the
young person, the Attorney General and the
provincial director,
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(a) a copy of the order; and
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(b) on request, a transcript or copy of the
reasons for the order.
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| Report
|
(6) For the purposes of a review under
subsection (1), the youth justice court shall
require the provincial director to cause to be
prepared, and to submit to the youth justice
court, a report setting out any information of
which the provincial director is aware that
may be of assistance to the court.
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| Provisions
apply
|
(7) Subsections 99(2) to (7) (provisions
respecting reports and notice) and 105(6)
(report for the purpose of setting conditions)
apply, with any modifications that the
circumstances require, in respect of a review
under this section.
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| Provisions
apply
|
(8) Section 101 (review of youth justice
court decision) applies, with any
modifications that the circumstances require,
in respect of an order made under subsection
(2).
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| Identity of
offender not
to be
published
|
110. (1) Subject to this section, no person
shall publish the name of a young person, or
any other information related to a young
person, if it would identify the young person
as a young person dealt with under this Act.
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| Limitation
|
(2) Subsection (1) does not apply
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(a) in a case where the information relates
to a young person who has received an adult
sentence;
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(b) subject to sections 65 (young person not
liable to adult sentence) and 75 (youth
sentence imposed despite presumptive
offence), in a case where the information
relates to a young person who has received
a youth sentence for 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); and
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(c) in a case where the publication of
information is made in the course of the
administration of justice, if it is not the
purpose of the publication to make the
information known in the community.
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| Exception
|
(3) A young person referred to in subsection
(1) may, after he or she attains the age of
eighteen years, publish or cause to be
published information that would identify him
or her as having been dealt with under this Act
or the Young Offenders Act, chapter Y-1 of the
Revised Statutes of Canada, 1985, provided
that he or she is not in custody pursuant to
either Act at the time of the publication.
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| Ex parte
application
for leave to
publish
|
(4) A youth justice court judge shall, on the
ex parte application of a peace officer, make
an order permitting any person to publish
information that identifies a young person as
having committed or allegedly committed an
indictable offence, if the judge is satisfied that
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(a) there is reason to believe that the young
person is a danger to others; and
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(b) publication of the information is
necessary to assist in apprehending the
young person.
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| Order ceases
to have effect
|
(5) An order made under subsection (4)
ceases to have effect five days after it is made.
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| Application
for leave to
publish
|
(6) The youth justice court may, on the
application of a young person referred to in
subsection (1), make an order permitting the
young person to publish information that
would identify him or her as having been dealt
with under this Act or the Young Offenders
Act, chapter Y-1 of the Revised Statutes of
Canada, 1985, if the court is satisfied that the
publication would not be contrary to the
young person's best interests or the public
interest.
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| Identity of
victim or
witness not to
be published
|
111. (1) Subject to this section, no person
shall publish the name of a child or young
person, or any other information related to a
child or a young person, if it would identify the
child or young person as having been a victim
of, or as having appeared as a witness in
connection with, an offence committed or
alleged to have been committed by a young
person.
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| Exception
|
(2) Information that would serve to identify
a child or young person referred to in
subsection (1) as having been a victim or a
witness may be published, or caused to be
published, by
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(a) that child or young person after he or she
attains the age of eighteen years or before
that age with the consent of his or her
parents; or
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(b) the parents of that child or young person
if he or she is deceased.
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| Application
for leave to
publish
|
(3) The youth justice court may, on the
application of a child or a young person
referred to in subsection (1), make an order
permitting the child or young person to
publish information that would identify him or
her as having been a victim or a witness if the
court is satisfied that the publication would
not be contrary to his or her best interests or the
public interest.
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| Non-applicati
on
|
112. Once information is published under
subsection 110(3) or (6) or 111(2) or (3),
subsection 110(1) (identity of offender not to
be published) or 111(1) (identity of victim or
witness not to be published), as the case may
be, no longer applies in respect of the
information.
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