If application
denied
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(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
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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
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(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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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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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
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(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
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(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
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(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
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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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Apprehension
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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
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(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
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(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
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(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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Release or
remand in
custody
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(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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Review by
provincial
director
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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
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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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Order
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(2) On completion of a review under
subsection (1), the youth justice court shall
order
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Custody and
supervision
order
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(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
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(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
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(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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Report
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(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
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(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
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(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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PART 6 |
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PUBLICATION, RECORDS AND INFORMATION |
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Protection of Privacy of Young Persons |
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Identity of
offender not
to be
published
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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
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(2) Subsection (1) does not apply
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Exception
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(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
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(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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Order ceases
to have effect
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(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
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(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
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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
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(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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Application
for leave to
publish
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(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
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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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