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Bill C-313

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1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-313

An Act to amend the Young Offenders Act and to amend certain other Acts in consequence thereof

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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, cc. 28, 45; 1994, c. 26; 1995, cc. 19, 22, 27, 39; 1996, c. 19

YOUNG OFFENDERS ACT

1. The definitions ``child'' and ``young person'' in section 2 of the Young Offenders Act are replaced by the following:

``child''
« enfant »

``child'' means a person who is or, in the absence of evidence to the contrary, appears to be under the age of ten years;

``young person''
« adolescent »

``young person'' means a person who is or, in the absence of evidence to the contrary, appears to be ten years of age or more, but under eighteen years of age and, where the context requires, includes any person who is charged under this Act with having committed an offence while he was a young peson or is found guilty of an offence under this Act;

CONSEQUENTIAL AMENDMENTS

1992, c. 47

Contraventions Act

2. The definition ``young person'' in section 2 of the Contraventions Act is replaced by the following:

``young person''
« adolescent »

``young person'' means, in respect of a contravention, a person who, at the time of the contravention, is or, in the absence of evidence to the contrary, appears to be ten years of age or more but under eighteen years of age;

R.S., c. C-46

Criminal Code

3. Section 13 of the Criminal Code is replaced by the following:

Child under ten

13. No person shall be convicted of an offence in respect of an act or omission on the part of that person while that person was under the age of ten years.

4. (1) Paragraph 150.1(2)(a) of the Act is replaced by the following:

    (a) is ten years of age or more but under the age of sixteen years;

(2) Subsection 150.1(3) of the Act is replaced by the following:

Exemption for accused aged ten, eleven, twelve or thirteen

(3) No person aged ten, eleven, twelve or thirteen years shall be tried for an offence under section 151 or 152 or subsection 173(2) unless the person is in a position of trust or authority towards the complainant or is a person with whom the complainant is in a relationship of dependency.

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