Bill C-68

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First Reading

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Admissions	148. (1) A party to any proceedings under this Act may admit any relevant fact or matter for the purpose of dispensing with proof of it, including any fact or matter the admissibility of which depends on a ruling of law or of mixed law and fact.
Other party may adduce evidence	(2) Nothing in this section precludes a party to a proceeding from adducing evidence to prove a fact or matter admitted by another party.
Material evidence	149. Any evidence material to proceedings under this Act that would not but for this section be admissible in evidence may, with the consent of the parties to the proceedings and if the young person is represented by counsel, be given in such proceedings.
Evidence of a child or young person	150. The evidence of a child or a young person may be taken in proceedings under this Act only after the youth justice court judge or the justice in the proceedings has
	(a) if the witness is a child, instructed the child as to the duty to speak the truth and the consequences of failing to do so; and
	(b) if the witness is a young person and the judge or justice considers it necessary, instructed the young person as to the duty to speak the truth and the consequences of failing to do so.
Proof of service	151. (1) For the purposes of this Act, service of any document may be proved by oral evidence given under oath by, or by the affidavit or statutory declaration of, the person claiming to have personally served it or sent it by confirmed delivery service.
Proof of signature and official character unnecessary	(2) If proof of service of any document is offered by affidavit or statutory declaration, it is not necessary to prove the signature or official character of the person making or taking the affidavit or declaration, if the official character of that person appears on the face of the affidavit or declaration.
Seal not required	152. It is not necessary to the validity of any information, summons, warrant, minute, sentence, conviction, order or other process or document laid, issued, filed or entered in any proceedings under this Act that any seal be attached or affixed to it.
	Forms, Regulations and Rules of Court
Forms	153. (1) The forms prescribed under section 154, varied to suit the case, or forms to the like effect, are valid and sufficient in the circumstances for which they are provided.
If forms not prescribed	(2) In any case for which forms are not prescribed under section 154, the forms set out in Part XXVIII of the Criminal Code, with any modifications that the circumstances require, or other appropriate forms, may be used.
Regulations	154. The Governor in Council may make regulations
	(a) prescribing forms that may be used for the purposes of this Act;
	(b) establishing uniform rules of court for youth justice courts across Canada, including rules regulating the practice and procedure to be followed by youth justice courts; and
	(c) generally for carrying out the purposes and provisions of this Act.
	Agreements with Provinces
Agreements with provinces	155. Any minister of the Crown may, with the approval of the Governor in Council, enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act.
	Programs
Community-b ased programs	156. The Attorney General of Canada or a minister designated by the lieutenant governor in council of a province may establish the following types of community-based programs:
	(a) programs that are an alternative to judicial proceedings, such as victim-offender reconciliation programs, mediation programs and restitution programs;
	(b) programs that are an alternative to detention before sentencing, such as bail supervision programs; and
	(c) programs that are an alternative to custody, such as intensive support and supervision programs, and programs to carry out attendance orders.
	PART 8
	TRANSITIONAL PROVISIONS
Prohibition on proceedings	157. On and after the coming into force of this section, no proceedings may be commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act, or under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act.
Proceedings commenced under Young Offenders Act	158. (1) Subject to section 160, where, before the coming into force of this section, proceedings are commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act alleged to have been committed by a person who was at the time of the offence a young person within the meaning of that Act, the proceedings and all related matters shall be dealt with in all respects as if this Act had not come into force.
Proceedings commenced under Juvenile Delinquents Act	(2) Subject to section 160, where, before the coming into force of this section, proceedings are commenced under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act alleged to have been committed by a person who was at the time of the delinquency a child as defined in that Act, the proceedings and all related matters shall be dealt with under this Act as if the delinquency were an offence that occurred after the coming into force of this section.
Offences committed before this section in force	159. Any person who, before the coming into force of this section, while he or she was a young person, committed an offence in respect of which no proceedings were commenced before the coming into force of this section shall be dealt with under this Act as if the offence occurred after the coming into force of this section, except that
	(a) paragraph 61(a) applies only if the offence is one set out in paragraph (a) of the definition ``presumptive offence'' in subsection 2(1) and the young person was at least sixteen years old at the time of its commission;
	(b) paragraph 109(2)(b) does not apply in respect of the offence; and
	(c) paragraph 41(2)(q) applies in respect of the offence only if the young person consents to its application.
Applicable sentence	160. (1) A person referred to in section 158 who is found guilty of an offence or delinquency, other than a person convicted of an offence in ordinary court, as defined in subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, shall be sentenced under this Act, except that
	(a) paragraph 109(2)(b) does not apply in respect of the offence or delinquency; and
	(b) paragraph 41(2)(q) applies in respect of the offence or delinquency only if the young person consents to its application.
	The provisions of this Act applicable to sentences imposed under section 41 apply in respect of the sentence.
Dispositions under paragraph 20(1)(k) of Young Offenders Act	(2) A young person who, on the coming into force of this section, is subject to a disposition under paragraph 20(1)(k) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, shall be dealt with under this Act as if the unexpired portion of the disposition were a sentence imposed under paragraph 41(2)(n), and the provisions of this Act applicable to sentences imposed under paragraph 41(2)(n) apply in respect of the sentence.
Dispositions under paragraph 20(1)(k.1) of Young Offenders Act	(3) A young person who, on the coming into force of this section, is subject to a disposition under paragraph 20(1)(k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, shall be dealt with under this Act as if the disposition were a sentence imposed under paragraph 41(2)(p), and the provisions of this Act applicable to sentences imposed under paragraph 41(2)(p) apply in respect of the sentence.
Release by youth court on review	(4) Subsections (2) and (3) do not apply to a young person who, before the coming into force of this section, has been released from custody in accordance with paragraph 28(17)(c) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
Review of sentence	(5) For greater certainty, for the purpose of determining when the sentence is reviewed under section 93, the relevant date is the one on which the disposition came into force under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
Proceedings commence with information	161. For the purposes of sections 157 to 159, proceedings are commenced by the laying of an information.
Application to delinquency and other offending behaviour	162. Sections 113 to 128 apply, with any modifications that the circumstances require, in respect of records relating to the offence of delinquency under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, and in respect of records kept under sections 40 to 43 of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
Agreements continue in force	163. Any agreement made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, remains in force until it expires, unless it is amended or a new agreement is made under this Act.
Designation of youth justice court	164. (1) Any court established or designated as a youth court for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is deemed, as of the coming into force of this section, to have been established or designated as a youth justice court for the purposes of this Act.
Designation of youth justice court judges	(2) Any person appointed to be a judge of the youth court for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is deemed, as of the coming into force of this section, to have been appointed as a judge of the youth justice court for the purposes of this Act.
Designation of provincial directors and youth workers	(3) Any person, group or class of persons or body appointed or designated as a provincial director for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and any person appointed or designated as a youth worker for the purposes of that Act is deemed, as of the coming into force of this section, to have been appointed or designated as a provincial director or youth worker, as the case may be, for the purposes of this Act.
Designation of review boards and youth justice committees	(4) Any review board established or designated for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and any youth justice committee established for the purposes of that Act is deemed, as of the coming into force of this section, to have been established or designated as a review board or a youth justice committee, as the case may be, for the purposes of this Act.
Alternative measures continued as extrajudicial sanctions	(5) Any program of alternative measures authorized for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is deemed, as of the coming into force of this section, to be a program of extrajudicial sanctions authorized for the purposes of this Act.
Designation of places of temporary detention and open or secure custody	(6) Any place that was designated as a place of temporary detention or open custody for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and any place or facility designated as a place of secure custody for the purposes of that Act is deemed, as of the coming into force of this section, to have been designated for the purposes of this Act as
	(a) in the case of a place of temporary detention, a place of temporary detention; and
	(b) in the case of a place of open custody or secure custody, a youth custody facility.
Designation of other persons	(7) Any person designated as a clerk of the youth court for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or any person or group of persons who were designated under that Act to carry out specified functions and duties are deemed, as of the coming into force of this section, to have been designated as a clerk of the youth justice court, or to carry out the same functions and duties, as the case may be, under this Act.
	PART 9
	CONSEQUENTIAL AMENDMENTS, CONDITIONAL AMENDMENTS, REPEAL AND COMING INTO FORCE
	Consequential Amendments
R.S., c. C-5	Canada Evidence Act
R.S., c. 19 (3rd Supp.), s. 17	165. *Subsection 4(2) of the Canada Evi dence Act* is replaced by the following:**
Accused and spouse	(2) The wife or husband of a person charged with an offence under subsection 135(1) of the Youth Criminal Justice Act or with an offence under any of sections 151, 152, 153, 155 or 159, subsection 160(2) or (3), or sections 170 to 173, 179, 212, 215, 218, 271 to 273, 280 to 283, 291 to 294 or 329 of the Criminal Code, or an attempt to commit any such offence, is a competent and compellable witness for the prosecution without the consent of the person charged.
1992, c. 47	Contraventions Act
	166. *(1) The definition ``youth court'' in section 2 of the English version of the Contraventions Act* is repealed.**
	(2) The definition ``tribunal pour adolescents'' in section 2 of the French version of the Act is replaced by the following:
« tribunal pour adolescents » ``youth justice court''	« tribunal pour adolescents » À l'égard d'une contravention qui aurait été commise par un adolescent sur le territoire, ou dans le ressort des tribunaux, d'une province, le tribunal établi ou désigné sous le régime d'une loi provinciale, ou encore désigné par le gouverneur en conseil ou par le lieutenant-gouverneur en conseil, afin d'exercer les attributions du tribunal pour adolescents dans le cadre de la Loi sur le système de justice pénale pour les adolescents .
	(3) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:
``youth justice court'' « tribunal pour adolescents »	``youth justice court'' means, in respect of a contravention alleged to have been committed by a young person in, or otherwise within the territorial jurisdiction of the courts of, a province, the court established or designated by or under an Act of the legislature of the province, or designated by the Governor in Council or lieutenant governor in council of the province, as the youth justice court for the purposes of the Youth Criminal Justice Act.
1996, c. 7, s. 2	167. Section 5 of the Act is replaced by the following:
Relationship with Criminal Code and Youth Criminal Justice Act	5. The provisions of the Criminal Code relating to summary conviction offences and the provisions of the Youth Criminal Justice Act apply to proceedings in respect of contraventions that are commenced under this Act, except to the extent that this Act, the regulations or the rules of court provide otherwise.
	168. Subsection 17(2) of the Act is re placed by the following:
Jurisdiction of adult courts over young persons	(2) Notwithstanding the Youth Criminal Justice Act , a contraventions court or a justice of the peace has jurisdiction, to the exclusion of that of the youth justice court, in respect of any contravention alleged to have been committed by a young person in, or otherwise within the territorial jurisdiction of the courts of, a province the lieutenant governor in council of which has ordered that any such contravention be dealt with in ordinary court.
	169. Paragraph 62(2)(a) of the Act is replaced by the following:
	(a) for the committal of the offender to custody under the Youth Criminal Justice Act , for one day, if the offender is a young person; or
1992, c. 20	Corrections and Conditional Release Act
1995, c. 42, s. 1(2)	170. *The definition ``sentence'' in subsec tion 2(1) of the Corrections and Conditional Release Act* is replaced by the following:**
``sentence'' « peine » ou « peine d'emprisonne ment »	``sentence'' means a sentence of imprisonment and includes a youth sentence imposed under the Youth Criminal Justice Act and a sentence imposed by a court of a foreign state on a Canadian offender who has been transferred to Canada pursuant to the Transfer of Offenders Act;
	171. Subsection 15(1) of the Act is re placed by the following:
Newfoundlan d	15. (1) Notwithstanding any requirement in the Criminal Code or under the Youth Criminal Justice Act that a person be sentenced, committed or transferred to penitentiary, such a person in the Province of Newfoundland shall not be received in a penitentiary without the approval of an officer designated by the Lieutenant Governor of Newfoundland.
1995, c. 22, s. 13 (Sch.II, item 4), c. 42, par. 69(a)(E)	172. The definition ``offender'' in subsec tion 99(1) of the Act is replaced by the following:
``offender'' « délinquant »	``offender'' means