Bill C-210
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1st Session, 36th Parliament, 46 Elizabeth II, 1997
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The House of Commons of Canada
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BILL C-210 |
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An Act to amend the Young Offenders Act to
transfer older offenders who commit
violent offences to adult court, to limit
the application of alternative measures,
to allow for certain young offenders to be
designated as dangerous offenders, to
establish public safety as a dominant
consideration in the application of the
law respecting young offenders, to
remove privacy provisions and to make
certain other amendments
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R.S., c. Y-1;
R.S., c. 27 (1st
Supp.), c. 24
(2nd Supp.),
c. 1 (3rd
Supp.), c. 1
(4th Supp.);
1991, c. 43;
1992, cc. 1,
11, 47; 1993,
c. 45; 1994, c.
26; 1995, cc.
19, 22, 27, 39;
1996, c. 19
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1. (1) The definitions ``child'' and ``young
person'' in subsection 2(1) of the Young
Offenders Act are replaced by the following:
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``child'' « enfant »
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``child'' means a person who is, or in the ab
sence of evidence to the contrary, appears to
be under the age of ten years ;
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``young
person'' « adoles- cent »
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``young person'' means a person who is or, in
the absence of evidence to the contrary, ap
pears to be ten years of age or more, but un
der the age of sixteen years and, where the
context requires, includes any person who
is charged under this Act with having com
mitted an offence while he was a young per
son or is found guilty of an offence under
this Act;
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(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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``violent
offence'' « infraction violente »
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``violent offence'' means an offence under
section 235 of the Criminal Code or an of
fence listed in Schedule I or II of the Correc
tions and Conditional Release Act;
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2. Subsection 3(1) of the Act is amended
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3. (1) Paragraphs 4(1)(a), (b) and (c) of
the Act are replaced by the following:
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(2) Paragraph 4(2)(a) of the Act is renum
bered as paragraph (a.3) and the following
is added before paragraph (a.3):
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(3) Subsection 4(3) of the Act is replaced
by the following:
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Admissions
not admissible
in criminal
evidence
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(3) No admission, confession or statement
admitting responsibility for a given act or
omission made by a young person alleged to
have committed an offence as a condition of
his being dealt with by alternative measures
shall be admissible in evidence against him in
any criminal proceedings.
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4. The portion of subsection 7.1(1) of the
Act before paragraph (a) and paragraph (a)
are replaced by the following:
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Threat to
society
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7.1 (1) Where a youth court judge or a
justice is satisfied that a young person does not
pose a threat to the safety of society and is
satisfied that
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5. (1) Subsection 10(1) of the Act is
replaced by the following:
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Parents or
guardian must
attend
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10. (1) The court shall issue an order in
writing requiring the parent or parents having
custody of a young person appearing before a
youth court to attend all stages of the court
proceedings, and they must so attend except to
the extent that the court is satisfied that there
is good reason for one or more of them not to
attend.
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(2) Section 10 of the Act is amended by
adding the following after subsection (5):
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Application of
section to
legal guardian
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(6) In this section, the word ``parent''
includes the legal guardian of a young person,
where one has been appointed.
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6. (1) Paragraph 12(1)(c) of the Act is
repealed.
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(2) Subsection 12(3.1) of the Act is re
pealed.
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7. (1) Paragraph 13(1)(a) of the Act is
repealed.
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(2) Paragraph 13(2)(a) of the Act is
repealed.
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8. Paragraph 13.1(2)(a) of the Act is
repealed.
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9. Subsections 13.2(8) and (9) of the Act
are repealed.
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10. Subsection 15(1) of the Act is replaced
by the following:
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Disqualifi- cation of judge
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15. (1) Subject to subsection (2), a youth
court judge who, prior to an adjudication in
respect of a young person charged with an
offence, examines a predisposition report in
respect of the young person in connection with
that offence, shall not in any capacity conduct
or continue the trial of the young person for the
offence and shall transfer the case to another
judge to be dealt with according to law.
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11. Section 16 of the Act is replaced by the
following:
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Transfer to
ordinary court
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16. Notwithstanding any other provision of
this Act, every young person against whom an
information is laid, who is alleged to have
committed a violent offence and who was
fourteen or fifteen years of age at the time the
offence was alleged to have been committed
shall be automatically proceeded against in
ordinary court in accordance with the law
normally applicable to an adult charged with
the offence.
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12. (1) Subsections 16.1(1), (2) and (3) of
the Act are replaced by the following:
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Detention of
person aged
14 or 15
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16.1 (1) Notwithstanding anything in this or
any other Act of Parliament, where a young
person who is of the age of fourteen or fifteen
years is to be proceeded against in ordinary
court by reason of section 16, and the young
person is to be in custody pending proceedings
in that court, the young person shall be held in
a place of detention for young persons, unless
the youth court is satisfied, on application,
that the young person, having regard first to
the safety of others and second to the best
interests of the young person, should be
detained in a place of detention for adults.
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Detention
seaparate
from adult
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(2) Notwithstanding anything in this or any
other Act of Parliament, where a young person
who is of the age of fourteen or fifteen years
is to be proceeded against in ordinary court by
reason of section 16, and the young person is
to be in custody pending proceedings in that
court, and cannot be detained in a place of
detention for young persons, the young person
shall be held separate and apart from any adult
who is detained or held in custody.
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Review
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(3) On application, the youth court shall
review the placement of a young person in
detention pursuant to this section and, if
satisfied, having regard first to the safety of
others and second to the best interests of the
young person, and after having afforded the
young person, the provincial director and a
representative of a provincial department
responsible for adult correctional facilities to
be heard, that the young person should remain
in detention where the young person is or be
transferred to youth or adult detention, as the
case may be, the court may so order.
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(2) Subsection 16.1(7) of the Act is re
placed by the following:
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Limit - age
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(7) Notwithstanding anything in this Act,
no person shall remain in custody in a place of
detention for young persons after attaining the
age of sixteen years.
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13. The portion of section 16.2(2) of the
Act before paragraph (a) and paragraphs
16.2(2)(a) and (b) of the Act are replaced by
the following:
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Factors to be
taken into
account
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(2) In making an order under subsection (1),
the court shall take into account
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14. The Act is amended by adding the
following after section 16.2:
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Dangerous
offender
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16.3 Where a young person is convicted of
a violent offence that is a serious personal
injury offence within the meaning of section
752 of the Criminal Code, Part XXIV of the
Criminal Code applies to the young offender
and an application may be made under that
Part to have the young person found to be a
dangerous offender.
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15. Section 17 of the Act is repealed.
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16. Subsection 19(3) of the Act is re
pealed.
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17. (1) Paragraph 20(1)(a) of the Act is
replaced by the following:
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(2) Paragraph 20(1)(j) of the Act is
replaced by the following:
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(3) Subparagraphs 20(1)(k)(i) and (ii) of
the Act are replaced by the following:
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(4) Paragraph 20(1)(k.1) of the Act is
replaced by the following:
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(5) Subsection 20(1) of the Act is amended
by striking out the word ``and'' at the end of
paragraph (k.1), by adding the word ``and''
at the end of paragraph (l) and by adding
the following after paragraph (l):
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(6) Subsection 20(3) of the Act is replaced
by the following:
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Duration of
dispositions
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(3) No disposition made under this section,
other than an order made under paragraph
(1)(h), (j) , (k) or (k.1), shall continue in force
for more than two years.
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