Bill C-68
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Endorsement
of order by
young person
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(5) After the order has been read and
explained under subsection (3), the young
person shall endorse on the order an
acknowledgement that the young person has
received a copy of the order and had its
purpose and effect explained.
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Validity of
order
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(6) The failure of a young person to endorse
the order or of a parent to receive a copy of the
order does not affect the validity of the order.
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Commence- ment of order
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(7) An order made under paragraph 41(2)(k)
or (l) comes into force
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Effect of
order in case
of custody
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(8) If a young person is subject to a sentence
that includes both a period of continuous
custody and supervision and an order made
under paragraph 41(2)(k) or (l), and the court
orders under subsection 41(11) a delay in the
start of the period of custody, the court may
divide the period that the order made under
paragraph 41(2)(k) or (l) is in effect, with the
first portion to have effect from the date on
which it is made until the start of the period of
custody, and the remainder to take effect at the
end of the period of supervision.
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Notice to
appear
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(9) A young person may be given notice
either orally or in writing to appear before the
youth justice court under paragraph (1)(b).
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Warrant in
default of
appearance
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(10) If service of a notice in writing is
proved and the young person fails to attend
court in accordance with the notice, a youth
justice court may issue a warrant to compel the
appearance of the young person.
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Definitions
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55. (1) The definitions in this subsection
apply in this section.
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``optional
conditions'' « conditions facultatives »
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``optional conditions'' means the conditions
referred to in subsection 54(2).
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``change'' « modifi- cation »
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``change'', in relation to optional conditions,
includes deletions and additions.
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Amendment
of order other
than for
breach
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(2) A youth justice court that makes an
order under paragraph 41(2)(k) or (l) may, on
the application of the young person or the
provincial director, require the young person
to appear before it and, after hearing the young
person and the provincial director,
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Contraven- tion of an order
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56. (1) If a youth justice court is satisfied
that a young person has contravened a
condition of an order made under paragraph
41(2)(k), (l) or (o) without reasonable excuse,
the court may, on the application of the
provincial director, require the young person
to appear before it and, after hearing the young
person and the provincial director,
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Deferred
custody and
supervision
order
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(2) After a court has made a direction under
paragraph (1)(d), the provisions of this Act
applicable to orders made under paragraph
41(2)(n) apply in respect of the deferred
custody and supervision order.
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Factors to be
considered
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(3) In making its decision under subsection
(1), 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.
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Transfer of
youth
sentence
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57. (1) When a youth sentence has been
imposed under any of paragraphs 41(2)(d) to
(i), (k), (l) or (r) in respect of a young person
and the young person or a parent with whom
the young person resides is or becomes a
resident of a territorial division outside the
jurisdiction of the youth justice court that
imposed the youth sentence, whether in the
same or in another province, a youth justice
court judge in the territorial division in which
the youth sentence was imposed may, on the
application of the Attorney General or on the
application of the young person or the young
person's parent, with the consent of the
Attorney General, transfer to a youth justice
court in another territorial division the youth
sentence and any portion of the record of the
case that is appropriate. All subsequent
proceedings relating to the case shall then be
carried out and enforced by that court.
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No transfer
outside
province
before appeal
completed
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(2) No youth sentence may be transferred
from one province to another under this
section until the time for an appeal against the
youth sentence or the finding on which the
youth sentence was based has expired or until
all proceedings in respect of any such appeal
have been completed.
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Transfer to a
province
when person
is adult
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(3) When an application is made under
subsection (1) to transfer the youth sentence of
a young person to a province in which the
young person is an adult, a youth justice court
judge may, with the consent of the Attorney
General, transfer the youth sentence and the
record of the case to the youth justice court in
the province to which the transfer is sought,
and the youth justice court to which the case
is transferred shall have full jurisdiction in
respect of the youth sentence as if that court
had imposed the youth sentence. The person
shall be further dealt with in accordance with
this Act.
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Interpro- vincial arrangements
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58. (1) When a youth sentence has been
imposed under any of paragraphs 41(2)(k) to
(q) in respect of a young person, the youth
sentence in one province may be dealt with in
any other province in accordance with any
agreement that may have been made between
those provinces.
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Youth justice
court retains
jurisdiction
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(2) Subject to subsection (3), when a youth
sentence imposed in respect of a young person
is dealt with under this section in a province
other than that in which the youth sentence
was imposed, the youth justice court of the
province in which the youth sentence was
imposed retains, for all purposes of this Act,
exclusive jurisdiction over the young person
as if the youth sentence were dealt with within
that province, and any warrant or process
issued in respect of the young person may be
executed or served in any place in Canada
outside the province where the youth sentence
was imposed as if it were executed or served
in that province.
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Waiver of
jurisdiction
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(3) When a youth sentence imposed in
respect of a young person is dealt with under
this section in a province other than the one in
which the youth sentence was imposed, the
youth justice court of the province in which
the youth sentence was imposed may, with the
consent in writing of the Attorney General of
that province and the young person, waive its
jurisdiction, for the purpose of any proceeding
under this Act, to the youth justice court of the
province in which the youth sentence is dealt
with, in which case the youth justice court in
the province in which the youth sentence is
dealt with shall have full jurisdiction in
respect of the youth sentence as if that court
had imposed the youth sentence.
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Review of
youth
sentences not
involving
custody
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59. (1) When a youth justice court has
imposed a youth sentence in respect of a
young person, other than a youth sentence
under paragraph 41(2)(n), (p) or (q), the youth
justice court shall, on the application of the
young person, the young person's parent, the
Attorney General or the provincial director,
made at any time after six months from the
date of the youth sentence or, with leave of a
youth justice court judge, at any earlier time,
review the youth sentence if the court is
satisfied that there are grounds for a review
under subsection (2).
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Grounds for
review
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(2) A review of a youth sentence may be
made under this section
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Progress
report
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(3) The youth justice court may, before
reviewing under this section a youth sentence
imposed in respect of a young person, require
the provincial director to cause to be prepared,
and to submit to the youth justice court, a
progress report on the performance of the
young person since the youth sentence took
effect.
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Subsections
93(10) to (12)
apply
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(4) Subsections 93(10) to (12) apply, with
any modifications that the circumstances
require, in respect of any progress report
required under subsection (3).
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Subsections
93(7) and (14)
to (18) apply
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(5) Subsections 93(7) and (14) to (18) apply,
with any modifications that the circumstances
require, in respect of reviews made under this
section and any notice required under
subsection 93(14) shall also be given to the
provincial director.
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Compelling
appearance of
young person
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(6) The youth justice court may, by
summons or warrant, compel a young person
in respect of whom a review is to be made
under this section to appear before the youth
justice court for the purposes of the review.
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Decision of
the youth
justice court
after review
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(7) When a youth justice court reviews
under this section a youth sentence imposed in
respect of a young person, it may, after giving
the young person, a parent of the young
person, the Attorney General and the
provincial director an opportunity to be heard,
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New youth
sentence not
to be more
onerous
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(8) Subject to subsection (9), when a youth
sentence imposed in respect of a young person
is reviewed under this section, no youth
sentence imposed under subsection (7) shall,
without the consent of the young person, be
more onerous than the remainder of the youth
sentence reviewed.
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Exception
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(9) A youth justice court may under this
section extend the time within which a youth
sentence imposed under paragraphs 41(2)(d)
to (i) is to be complied with by a young person
if the court is satisfied that the young person
requires more time to comply with the youth
sentence, but in no case shall the extension be
for a period of time that expires more than
twelve months after the date the youth
sentence would otherwise have expired.
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Provisions
applicable to
youth
sentences on
review
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60. Subject to sections 59, 87 and 93 to 95,
section 37, subsections 41(11) to (14) and (16)
and sections 46, 47, 49 to 51, 53 to 58 and 91
apply, with any modifications that the
circumstances require, in respect of youth
sentences imposed under sections 59 and 93 to
95.
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Adult Sentences |
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Access to
adult
sentences
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61. An adult sentence shall be imposed on
a young person who is found guilty of an
offence for which an adult could be sentenced
to imprisonment for more than two years,
committed after the young person attained the
age of fourteen years, in the following cases:
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Application
by young
person
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62. (1) A young person who is charged with,
or found guilty of, a presumptive offence
committed after he or she attained the age of
fourteen years may, at any time before
evidence is called as to sentence or
submissions are made as to sentence, make an
application for an order that he or she is not
liable to an adult sentence and that a youth
sentence must be imposed.
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Application
unopposed
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(2) If the Attorney General gives notice to
the youth justice court that the Attorney
General does not oppose the application, the
youth justice court shall, without a hearing,
order that the young person, if found guilty, is
not liable to an adult sentence and that a youth
sentence must be imposed.
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Application
by Attorney
General
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63. (1) The Attorney General may,
following an application under subsection
41(8), if any is made, and before evidence is
called as to sentence or submissions are made
as to sentence, make an application for an
order that a young person is liable to an adult
sentence if the young person is or has been
found guilty of an offence, other than a
presumptive offence, for which an adult could
be sentenced to imprisonment for more than
two years, that was committed after the young
person attained the age of fourteen years.
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Notice of
intention to
seek adult
sentence
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(2) If the Attorney General intends to seek
an adult sentence for an offence by making an
application under subsection (1), or by
establishing that the offence is a presumptive
offence within the meaning of paragraph (b) of
the definition ``presumptive offence'' in
subsection 2(1) committed after the young
person attained the age of fourteen years, the
Attorney General shall, before the young
person enters a plea or with leave of the youth
justice court before the commencement of the
trial, give notice to the young person and the
youth justice court of the intention to seek an
adult sentence.
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Included
offences
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(3) A notice of intention to seek an adult
sentence given in respect of an offence is
notice in respect of any included offence of
which the young person is found guilty for
which an adult could be sentenced to
imprisonment for more than two years.
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Notice to
young person
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(4) If a young person is charged with an
offence other than an offence set out in
paragraph (a) of the definition ``presumptive
offence'' in subsection 2(1), committed after
the young person attained the age of fourteen
years, and the Attorney General intends to
establish, after a finding of guilt, that the
offence is a serious violent offence and a
presumptive offence within the meaning of
paragraph (b) of the definition ``presumptive
offence'' in subsection 2(1) for which the
young person is liable to an adult sentence, the
Attorney General shall, before the young
person enters a plea, give notice of that
intention to the young person.
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Application
unopposed
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(5) If the young person gives notice to the
youth justice court that the young person does
not oppose the application for an adult
sentence, the youth justice court shall, without
a hearing, order that if the young person is
found guilty of an offence for which an adult
could be sentenced to imprisonment for more
than two years, an adult sentence must be
imposed.
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Presumption
does not apply
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64. If the Attorney General gives notice to
the youth justice court that an adult sentence
will not be sought in respect of a young person
who is alleged to have committed an offence
set out in paragraph (a) of the definition
``presumptive offence'' in subsection 2(1), the
court shall order that the young person, if
found guilty, is not liable to an adult sentence,
and the court shall order a ban on publication
of information that would identify the young
person as having been dealt with under this
Act.
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Procedure for
application or
notice
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65. An application under subsection 62(1)
or 63(1) or a notice to the court under
subsection 62(2) or 63(2) or (5) must be made
or given orally, in the presence of the other
party, or in writing with a copy served
personally on the other party.
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No election if
youth
sentence
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66. If the youth justice court has made an
order under subsection 62(2) or section 64
before a young person is required to be put to
an election under section 67, the young person
shall not be put to an election unless the young
person is alleged to have committed first
degree murder or second degree murder
within the meaning of section 231 of the
Criminal Code.
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Election -
adult sentence
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67. (1) Subject to section 66, if a young
person is charged with having, after attaining
the age of fourteen years, committed an
offence set out in paragraph (a) of the
definition ``presumptive offence'' in
subsection 2(1), or if the Attorney General has
given notice under subsection 63(2) of the
intention to seek an adult sentence, the youth
justice court shall, before the young person
enters a plea, put the young person to his or her
election in the following words:
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Mode of trial
where
co-accused
are young
persons
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(2) When two or more young persons who
are charged with the same offence are put to
their election, unless all of them elect or
re-elect or are deemed to have elected, as the
case may be, the same mode of trial, the youth
justice court judge
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Attorney
General may
require trial
by jury
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(3) The Attorney General may, even if a
young person elects under subsection (1) to be
tried by a youth justice court judge without a
jury or a judge without a jury, require the
young person to be tried by a court composed
of a judge and jury.
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Preliminary
inquiry
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(4) When a young person elects to be tried
by a judge without a jury, or elects or is
deemed to have elected to be tried by a court
composed of a judge and jury, the youth
justice court referred to in subsection 13(1)
shall conduct a preliminary inquiry and if, on
its conclusion, the young person is ordered to
stand trial, the proceedings shall be conducted
before a judge without a jury or a court
composed of a judge and jury, as the case may
be.
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Preliminary
inquiry
provisions of
Criminal
Code
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(5) The preliminary inquiry shall be
conducted in accordance with the provisions
of Part XVIII of the Criminal Code, except to
the extent that they are inconsistent with this
Act.
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Parts XIX and
XX of the
Criminal
Code
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(6) Proceedings under this Act before a
judge without a jury or a court composed of a
judge and jury shall be conducted, with any
modifications that the circumstances require,
in accordance with the provisions of Parts XIX
and XX of the Criminal Code, except that
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Proof of
notice under
s. 63(4)
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68. (1) When a young person is found guilty
of an offence other than an offence set out in
paragraph (a) of the definition ``presumptive
offence'' in subsection 2(1), committed after
he or she attained the age of fourteen years,
and the Attorney General seeks to establish
that the offence is a serious violent offence and
a presumptive offence within the meaning of
paragraph (b) of the definition ``presumptive
offence'' in subsection 2(1), the Attorney
General must satisfy the youth justice court
that the young person, before entering a plea,
was given notice under subsection 63(4).
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