Bill C-3
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TABLE OF PROVISIONS |
AN ACT IN RESPECT OF CRIMINAL JUSTICE FOR YOUNG PERSONS AND TO AMEND AND REPEAL OTHER ACTS |
| Preamble
|
SHORT TITLE |
| 1. Short title
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INTERPRETATION |
| 2. Definitions
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DECLARATION OF PRINCIPLE |
| 3. Policy for Canada with respect to young persons
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PART 1 |
EXTRAJUDICIAL MEASURES |
Principles and Objectives |
| 4. Declaration of principles
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| 5. Objectives
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Warnings, Cautions and Referrals |
| 6. Warnings, cautions and referrals
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| 7. Police cautions
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| 8. Crown cautions
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| 9. Evidence of measures is inadmissible
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Extrajudicial Sanctions |
| 10. Extrajudicial sanctions
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| 11. Notice to parent
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| 12. Victim's right to information
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PART 2 |
ORGANIZATION OF YOUTH CRIMINAL JUSTICE SYSTEM |
Youth Justice Court |
| 13. Designation of youth justice court
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| 14. Exclusive jurisdiction of youth justice court
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| 15. Contempt against youth justice court
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| 16. Status of offender uncertain
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| 17. Youth justice court may make rules
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Youth Justice Committees |
| 18. Youth justice committees
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Conferences |
| 19. Conferences may be convened
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Justices of the Peace |
| 20. Certain proceedings may be taken before justices
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Clerks of the Court |
| 21. Powers of clerks
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Provincial Directors |
| 22. Powers, duties and functions of provincial directors
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PART 3 |
JUDICIAL MEASURES |
Consent to Prosecute |
| 23. Pre-charge screening
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| 24. Private prosecutions
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Right to Counsel |
| 25. Right to counsel
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Notices to Parents |
| 26. Notice in case of arrest or detention
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| 27. Order requiring attendance of parent
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Detention Before Sentencing |
| 28. Application of Part XVI of the Criminal Code
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| 29. Detention as social measure prohibited
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| 30. Designated place of temporary detention
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| 31. Placement of young person in care of responsible person
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Appearance |
| 32. Appearance before judge or justice
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Release from or Detention in Custody |
| 33. Application for release from or detention in custody
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Medical and Psychological Reports |
| 34. Medical or psychological assessment
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Adjudication |
| 35. When young person pleads guilty
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Appeals |
| 36. Appeals
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PART 4 |
SENTENCING |
Purpose and Principles |
| 37. Purpose
|
| 38. Restriction on committal to custody
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Pre-sentence Report |
| 39. Pre-sentence report
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Youth Sentences |
| 40. Recommendation of conference
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| 41. Considerations as to youth sentence
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| 42. Additional youth sentences
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| 43. Custodial portion if additional youth sentence
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| 44. Supervision when additional youth sentence extends the
period in custody
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| 45. Exception when youth sentence in respect of earlier offence
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| 46. Committal to custody deemed continuous
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| 47. Reasons for the sentence
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| 48. Warrant of committal
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| 49. Application of Part XXIII of Criminal Code
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| 50. Mandatory prohibition order
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| 51. Review of order made under s. 50
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| 52. Funding for victims
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| 53. Where a fine or other payment is ordered
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| 54. Conditions that must appear in orders
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| 55. Definitions
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| 56. Contravention of an order
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| 57. Transfer of youth sentence
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| 58. Interprovincial arrangements
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| 59. Review of youth sentences not involving custody
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| 60. Provisions applicable to youth sentences on review
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Adult Sentences |
| 61. Access to adult sentences
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| 62. Application by young person
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| 63. Application by Attorney General
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| 64. Presumption does not apply
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| 65. Procedure for application or notice
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| 66. No election if youth sentence
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| 67. Election - adult sentence
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| 68. Proof of notice under s. 63(4)
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| 69. Paragraph (a) ``presumptive offence'' - included offences
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| 70. Inquiry by court to young person
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| 71. Hearing - adult sentences
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| 72. Test - adult sentences
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| 73. Court must impose adult sentence
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| 74. Application of Parts XXIII and XXIV of the Criminal Code
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| 75. Inquiry by the court to the young person
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| 76. Placement when subject to adult sentences
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| 77. Obligation to inform - parole
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| 78. Release entitlement
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| 79. If person convicted under another Act
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| 80. If person who is serving a sentence under another Act is
sentenced to an adult sentence
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Effect of Termination of Youth Sentence |
| 81. Effect of absolute discharge or termination of youth sentence
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PART 5 |
CUSTODY AND SUPERVISION |
| 82. Purpose
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| 83. Young person to be held apart from adults
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| 84. Levels of custody
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| 85. Procedural safeguards
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| 86. Review
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| 87. Functions to be exercised by youth justice court
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| 88. Exception if young person is twenty years old or older
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| 89. Youth worker
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| 90. Reintegration leave
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| 91. Transfer to adult facility
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| 92. When young person reaches twenty years of age
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| 93. Annual review
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| 94. Orders are youth sentences
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| 95. Recommendation of provincial director for conditional
supervision of young person
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| 96. Conditions to be included in custody and supervision order
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| 97. Application by provincial director
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| 98. Report
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| 99. Reasons
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| 100. Review of youth justice court decision
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| 101. Breach of conditions
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| 102. Review by youth justice court
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| 103. Continuation of custody
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| 104. Conditional supervision
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| 105. Suspension of conditional supervision
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| 106. Apprehension
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| 107. Review by provincial director
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| 108. Review by youth justice court
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PART 6 |
PUBLICATION, RECORDS AND INFORMATION |
Protection of Privacy of Young Persons |
| 109. Identity of offender not to be published
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| 110. Identity of victim or witness not to be published
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| 111. Non-application
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Fingerprints and Photographs |
| 112. Identification of Criminals Act applies
|
Records that May Be Kept |
| 113. Youth justice court, review board and other courts
|
| 114. Police records
|
| 115. Government records
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Access to Records |
| 116. Exception - adult sentence
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| 117. No access unless authorized
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| 118. Persons having access to records
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| 119. Access to R.C.M.P. records
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| 120. Deemed election
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| 121. Disclosure of information and copies of record
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| 122. Where records may be made available
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| 123. Access to record by young person
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Disclosure of Information in a Record |
| 124. Disclosure by peace officer during investigation
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| 125. Records in the custody, etc., of archivists
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| 126. Disclosure with court order
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Disposition or Destruction of Records and Prohibition on Use and Disclosure |
| 127. Effect of end of access periods
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| 128. No subsequent disclosure
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PART 7 |
GENERAL PROVISIONS |
Disqualification of Judge |
| 129. Disqualification of judge
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Substitution of Judge |
| 130. Powers of substitute youth justice court judge
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Exclusion from Hearing |
| 131. Exclusion from hearing
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Transfer of Charges |
| 132. Transfer of charges
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Forfeiture of Recognizances |
| 133. Applications for forfeiture of recognizances
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| 134. Proceedings in case of default
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Offences and Punishment |
| 135. Inducing a young person, etc.
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| 136. Failure to comply with sentence or disposition
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| 137. Offences
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| 138. Offence and punishment
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Application of the Criminal Code |
| 139. Application of Criminal Code
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| 140. Sections of Criminal Code applicable
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| 141. Part XXVII and summary conviction trial provisions of
Criminal Code to apply
|
Procedure |
| 142. Counts charged in information
|
| 143. Issue of subpoena
|
| 144. Warrant
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Evidence |
| 145. General law on admissibility of statements to apply
|
| 146. Statements not admissible against young person
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| 147. Testimony of a parent
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| 148. Admissions
|
| 149. Material evidence
|
| 150. Evidence of a child or young person
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| 151. Proof of service
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| 152. Seal not required
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Forms, Regulations and Rules of Court |
| 153. Forms
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| 154. Regulations
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Agreements with Provinces |
| 155. Agreements with provinces
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Programs |
| 156. Community-based programs
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PART 8 |
TRANSITIONAL PROVISIONS |
| 157. Prohibition on proceedings
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| 158. Proceedings commenced under Young Offenders Act
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| 159. Offences committed before this section in force
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| 160. Applicable sentence
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| 161. Proceedings commence with information
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| 162. Application to delinquency and other offending behaviour
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| 163. Agreements continue in force
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| 164. Designation of youth justice court
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PART 9 |
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE |
Consequential Amendments |
| 165. Canada Evidence Act
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| 166-169. Contraventions Act
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| 170-173. Corrections and Conditional Release Act
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| 174-185. Criminal Code
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| 186-188. DNA Identification Act
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| 189-193. Extradition Act
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| 194. Mutual Legal Assistance in Criminal Matters Act
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| 195-196. Prisons and Reformatories Act
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| 197. Transfer of Offenders Act
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Repeal |
| 198. Repeal of R.S., c. Y-1
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Coming into Force |
| 199. Coming into force
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| SCHEDULE
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