Bill C-68

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First Reading

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Application to vary assessment order if circumstances change	(6) A youth justice court may, at any time while an order made under subsection (1) is in force, on cause being shown, vary the terms and conditions specified in the order in any manner that the court considers appropriate in the circumstances.
Disclosure of report	(7) When a youth justice court receives a report made in respect of a young person under subsection (1),
	(a) the court shall, subject to subsection (9), cause a copy of the report to be given to
	(i) the young person,
	(ii) any parent of the young person who is in attendance at the proceedings against the young person,
	(iii) any counsel representing the young person, and
	(iv) the prosecutor; and
	(b) the court may cause a copy of the report to be given to a parent of the young person who is not in attendance at the proceedings if the parent is, in the opinion of the court, taking an active interest in the proceedings.
Cross-examin ation	(8) When a report is made in respect of a young person under subsection (1), the young person, his or her counsel or the adult assisting the young person under subsection 25(7) and the prosecutor shall, subject to subsection (9), on application to the youth justice court, be given an opportunity to cross-examine the person who made the report.
Non- disclosure in certain cases	(9) A youth justice court shall withhold all or part of a report made in respect of a young person under subsection (1) from a private prosecutor, if disclosure of the report or part, in the opinion of the court, is not necessary for the prosecution of the case and might be prejudicial to the young person.
Non- disclosure in certain cases	(10) A youth justice court shall withhold all or part of a report made in respect of a young person under subsection (1) from the young person, the young person's parents or a private prosecutor if the court is satisfied, on the basis of the report or evidence given in the absence of the young person, parents or private prosecutor by the person who made the report, that disclosure of the report or part would seriously impair the treatment or recovery of the young person, or would be likely to endanger the life or safety of, or result in serious psychological harm to, another person.
Exception - interests of justice	(11) Despite subsection (10), the youth justice court may release all or part of the report to the young person, the young person's parents or the private prosecutor if the court is of the opinion that the interests of justice make disclosure essential.
Report to be part of record	(12) A report made under subsection (1) forms part of the record of the case in respect of which it was requested.
Disclosure by qualified person	(13) Despite any other provision of this Act, a qualified person who is of the opinion that a young person held in detention or committed to custody is likely to endanger his or her own life or safety or to endanger the life of, or cause bodily harm to, another person may immediately so advise any person who has the care and custody of the young person whether or not the same information is contained in a report made under subsection (1).
Definition of ``qualified person''	(14) In this section, ``qualified person'' means a person duly qualified by provincial law to practice medicine or psychiatry or to carry out psychological examinations or assessments, as the circumstances require, or, if no such law exists, a person who is, in the opinion of the youth justice court, so qualified, and includes a person or a member of a class of persons designated by the lieutenant governor in council of a province or his or her delegate.
	Adjudication
When young person pleads guilty	35. (1) If a young person pleads guilty to an offence charged against the young person and the youth justice court is satisfied that the facts support the charge, the court shall find the young person guilty of the offence.
When young person pleads not guilty	(2) If a young person charged with an offence pleads not guilty to the offence or pleads guilty but the youth justice court is not satisfied that the facts support the charge, the court shall proceed with the trial and shall, after considering the matter, find the young person guilty or not guilty or make an order dismissing the charge, as the case may be.
	Appeals
Appeals	36. (1) An appeal in respect of an indictable offence or an offence that the Attorney General elects to proceed with as an indictable offence lies under this Act in accordance with Part XXI of the Criminal Code, which Part applies with any modifications that the circumstances require.
Appeals for contempt of court	(2) A finding of guilt under section 15 for contempt of court or a sentence imposed in respect of the finding may be appealed as if the finding were a conviction or the sentence were a sentence in a prosecution by indictment.
Appeal	(3) Section 10 of the Criminal Code applies if a person is convicted of contempt of court under subsection 27(4).
Appeals to be heard together	(4) A judicial determination under subsection 41(8), or an order under subsection 72(1), 75(3) or 76(1), may be appealed as part of the sentence and, unless the court to which the appeal is taken otherwise orders, if more than one of these is appealed they must be part of the same appeal proceeding.
Appeals for summary conviction offences	(5) An appeal in respect of an offence punishable on summary conviction or an offence that the Attorney General elects to proceed with as an offence punishable on summary conviction lies under this Act in accordance with Part XXVII of the Criminal Code, which Part applies with any modifications that the circumstances require.
Appeals where offences are tried jointly	(6) An appeal in respect of one or more indictable offences and one or more summary conviction offences that are tried jointly or in respect of which youth sentences are jointly imposed lies under this Act in accordance with Part XXI of the Criminal Code, which Part applies with any modifications that the circumstances require.
Deemed election	(7) For the purpose of appeals under this Act, if no election is made in respect of an offence that may be prosecuted by indictment or proceeded with by way of summary conviction, the Attorney General is deemed to have elected to proceed with the offence as an offence punishable on summary conviction.
If the youth justice court is a superior court	(8) In any province where the youth justice court is a superior court, an appeal under subsection (5) shall be made to the court of appeal of the province.
Appeal to the Supreme Court of Canada	(9) No appeal lies under subsection (1) from a judgment of the court of appeal in respect of a finding of guilt or an order dismissing an information to the Supreme Court of Canada unless leave to appeal is granted by the Supreme Court of Canada.
No appeal from youth sentence on review	(10) No appeal lies from a youth sentence under section 59 or any of sections 93 to 95.
	PART 4
	SENTENCING
	Purpose and Principles
Purpose	37. (1) The purpose of sentencing under section 41 is to contribute to the protection of society by holding a young person accountable for an offence through the imposition of just sanctions that have meaningful consequences for the young person and that promote his or her rehabilitation and reintegration into society.
Sentencing principles	(2) A youth justice court that imposes a youth sentence on a young person shall determine the sentence in accordance with the following principles:
	(a) the sentence must not result in a punishment that is greater than the punishment that would be appropriate for an adult who has been convicted of the same offence committed in similar circumstances;
	(b) the sentence must be similar to the sentences imposed on young persons found guilty of the same offence committed in similar circumstances;
	(c) the sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the young person for that offence; and
	(d) subject to paragraph (c), the sentence must
	(i) be the least restrictive sentence that is capable of achieving the purpose set out in subsection (1),
	(ii) be the one that is most likely to rehabilitate the young person and reintegrate him or her into society, and
	(iii) promote a sense of responsibility in the young person, and an acknowledgement of the harm done to victims and the community.
Factors to be considered	(3) In determining a youth sentence, the youth justice court shall take into account
	(a) the degree of participation by the young person in the commission of the offence;
	(b) the harm done to victims and whether it was intentional or reasonably foreseeable;
	(c) any reparation made by the young person to the victim or the community;
	(d) the time spent in detention by the young person as a result of the offence;
	(e) the previous findings of guilt of the young person; and
	(f) any other aggravating and mitigating circumstances related to the young person and the offence that are relevant to the purpose and principles set out in this section.
Restriction on committal to custody	38. (1) A youth justice court shall not commit a young person to custody under section 41 unless
	(a) the young person has committed a violent offence;
	(b) the young person has failed to comply with previous non-custodial sentences;
	(c) the young person has committed an indictable offence for which an adult could be sentenced to imprisonment for more than two years and has a history that indicates a pattern of findings of guilt under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985; or
	(d) the circumstances of the offence make the imposition of a non-custodial sentence inconsistent with the purpose and principles set out in section 37.
Alternatives to custody	(2) A youth justice court shall not impose a custodial sentence under section 41 unless the court has considered all alternatives to custody raised at the sentencing hearing that are reasonable in the circumstances, and determined that there is not a reasonable alternative, or combination of alternatives, that is in accordance with the purpose and principles set out in section 37.
Factors to be considered	(3) In determining whether there is a reasonable alternative to custody, a youth justice court shall consider submissions relating to
	(a) the alternatives to custody that are available;
	(b) the likelihood that the young person will comply with a non-custodial sentence, as evidenced by his or her compliance with previous non-custodial sentences; and
	(c) the alternatives to custody that have been used in respect of young persons for similar offences committed in similar circumstances.
Imposition of same sentence	(4) Evidence that a particular non-custodial sentence has been imposed previously on a young person does not preclude a youth justice court from imposing the same non-custodial sentence for another offence.
Custody as social measure prohibited	(5) A youth justice court shall not use custody as a substitute for appropriate child protection, mental health or other social measures.
Pre-sentence report	(6) Before imposing a youth sentence under paragraph 41(2)(n), (p) or (q), a youth justice court shall consider a pre-sentence report and any sentencing proposal made by the young person or his or her counsel.
Report dispensed with	(7) A youth justice court may, with the consent of the prosecutor and the young person or his or her counsel, dispense with a pre-sentence report if the court is satisfied that the report is not necessary.
Length of custody	(8) In determining the length of a youth sentence that includes a custodial portion, a youth justice court shall be guided by the purpose and principles set out in section 37, and shall not take into consideration the fact that the supervision portion of the sentence may not be served in custody and that the sentence may be reviewed by the court under section 93.
Reasons	(9) If a youth justice court imposes a youth sentence that includes a custodial portion, the court shall state the reasons why it has determined that a non-custodial sentence is not adequate to achieve the purpose set out in subsection 37(1).
	Pre-sentence Report
Pre-sentence report	39. (1) If a youth justice court considers it advisable before imposing sentence on a young person found guilty of an offence, it may, and if a youth justice court is required under this Act to consider a pre-sentence report before making an order or a sentence in respect of a young person, it shall, require the provincial director to cause to be prepared a pre-sentence report in respect of the young person and to submit the report to the court.
Contents of report	(2) A pre-sentence report made in respect of a young person shall, subject to subsection (3), be in writing and shall include the following, to the extent that it is relevant to the purpose and principles of sentencing set out in section 37 and to the criteria set out in section 38:
	(a) the results of an interview with the young person and, if reasonably possible, the parents of the young person and, if appropriate and reasonably possible, members of the young person's extended family;
	(b) the results of an interview with the victim in the case, if applicable and reasonably possible;
	(c) the recommendations resulting from any conference;
	(d) any information that is applicable to the case, including
	(i) the age, maturity, character, behaviour and attitude of the young person and his or her willingness to make amends,
	(ii) any plans put forward by the young person to change his or her conduct or to participate in activities or undertake measures to improve himself or herself,
	(iii) subject to subsection 118(2), the history of previous findings of delinquency under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, or previous findings of guilt for offences under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or under this or any other Act of Parliament or any regulation made under it or under an Act of the legislature of a province or any regulation made under it or a by-law or ordinance of a municipality, the history of community or other services rendered to the young person with respect to those findings and the response of the young person to previous sentences or dispositions and to services rendered to him or her,
	(iv) subject to subsection 118(2), the history of alternative measures under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or extrajudicial sanctions used to deal with the young person and the response of the young person to those measures or sanctions,
	(v) the availability and appropriateness of community services and facilities for young persons and the willingness of the young person to avail himself or herself of those services or facilities,
	(vi) the relationship between the young person and the young person's parents and the degree of control and influence of the parents over the young person and, if appropriate and reasonably possible, the relationship between the young person and the young person's extended family and the degree of control and influence of the young person's extended family over the young person, and
	(vii) the school attendance and performance record and the employment record of the young person;
	(e) any information that may assist the court in determining under subsection 38(2) whether there is an alternative to custody; and
	(f) any information that the provincial director considers relevant, including any recommendation that the provincial director considers appropriate.
Oral report with leave	(3) If a pre-sentence report cannot reasonably be committed to writing, it may, with leave of the youth justice court, be submitted orally in court.
Report forms part of record	(4) A pre-sentence report shall form part of the record of the case in respect of which it was requested.
Copies of pre-sentence report	(5) If a pre-sentence report made in respect of a young person is submitted to a youth justice court in writing, the court
	(a) shall, subject to subsection (7), cause a copy of the report to be given to
	(i) the young person,

Bill C-68

Adjudication

Appeals

PART 4

SENTENCING

Purpose and Principles

Pre-sentence Report