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Bill C-68

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    (b) was, at the time of the commission of the offence of which he or she was convicted, a young person within the meaning of the Youth Criminal Justice Act ,

an official designated for the purpose by the lieutenant governor in council of the province where the offender is detained may transfer the offender to a youth custody facility within the meaning of subsection 2(1) of the Youth Criminal Justice Act , but no person so transferred shall be detained by reason only of the sentence imposed by the foreign court beyond the date on which that sentence would terminate.

Conditional Amendments

1993, c. 28

193. (1) If section 144 of Schedule III to the Nunavut Act comes into force before the coming into force of section 196 of this Act, the definition ``offence'' in subsection 2(1) of this Act is replaced by the following:

``offence''
« infraction »

``offence'' means an offence created by an Act of Parliament or by any regulation, rule, by-law or ordinance made under it, other than an ordinance of the Yukon Territory or the Northwest Territories or a law made by the Legislature for Nunavut or continued by section 29 of the Nunavut Act.

(2) If section 196 of this Act comes into force before the coming into force of section 144 of Schedule III to the Nunavut Act, section 144 of Schedule III to that Act and the heading before it are replaced by the following:

Youth Criminal Justice Act

144. The definition ``offence'' in subsection 2(1) is replaced by the following:

``offence''
« infraction »

``offence'' means an offence created by an Act of Parliament or by any regulation, rule, by-law or ordinance made under an Act of Parliament, other than an ordinance of the Yukon Territory or the Northwest Territories or a law made by the Legislature for Nunavut or continued by section 29 of the Nunavut Act.

Bill C-40

194. If Bill C-40, introduced in the first session of the thirty-sixth Parliament and entitled An Act respecting extradition, to amend the Canada Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act and to amend and repeal other Acts in consequence is assented to, then

    (a) on the later of the day on which paragraph 47(c) of that Act comes into force and the day on which this section comes into force, paragraph 47(c) of that Act is replaced by the following:

    (c) the person was less than eighteen years old at the time of the offence and the law that applies to them in the territory over which the extradition partner has jurisdiction is not consistent with the fundamental principles governing the Youth Criminal Justice Act;

    (b) on the later of the day on which paragraphs 77(a) and (b) of that Act come into force and the day on which this section comes into force, paragraphs 77(a) and (b) of that Act are replaced by the following:

    (a) in respect of a prosecution or imposition of a sentence - or of a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985 - the Attorney General, or the Attorney General of a province who is responsible for the prosecution of the case; and

    (b) in respect of the enforcement of a sentence or a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

      (i) the Solicitor General of Canada, if the person would serve the sentence in a penitentiary, or

      (ii) the appropriate provincial minister responsible for corrections, in any other case.

    (c) on the later of the day on which subsection 78(1) of that Act comes into force and the day on which this section comes into force, subsection 78(1) of that Act is replaced by the following:

Request by Canada for extradition

78. (1) The Minister, at the request of a competent authority, may make a request to a State or entity for the extradition of a person for the purpose of prosecuting the person for - or imposing or enforcing a sentence, or making or enforcing a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of - an offence over which Canada has jurisdiction.

    (d) on the later of the day on which paragraph 80(a) of that Act comes into force and the day on which this section comes into force, the portion of paragraph 80(a) of that Act before subparagraph (i) is replaced by the following:

    (a) be detained or prosecuted, or have a sentence imposed or executed, or a disposition made or executed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in Canada in respect of an offence that is alleged to have been committed, or was committed, before surrender other than

    (e) on the later of the day on which subsection 83(1) of that Act comes into force and the day on which this section comes into force, subsection 83(1) of that Act is replaced by the following:

Commenceme nt of sentence

83. (1) Subject to subsection (3), the sentence or disposition of a person who has been temporarily surrendered and who has been convicted and sentenced, or found guilty and sentenced, in Canada, or in respect of whom a disposition has been made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, does not commence until their final extradition to Canada.

    (f) on the later of the day on which subsection 83(3) of that Act comes into force and the day on which this section comes into force, subsection 83(3) of that Act is replaced by the following:

If concurrent sentences ordered

(3) The sentencing judge may order that the person's sentence, or the disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, be executed concurrently with the sentence they are serving in the requested State or entity, in which case the warrant of committal or order of disposition shall state that the person is to be committed to custody under subsection (2) only for any portion of the sentence or disposition remaining at the time of their final extradition to Canada.

Bill C-57

195. (1) If Bill C-57, introduced in the first session of the thirty-sixth Parliament and entitled An Act to amend the Nunavut Act with respect to the Nunavut Court of Justice and to amend other Acts in consequence, is assented to, and sections 86 to 89 of that Act come into force before section 196 of this Act,

    (a) subsection 32(4) of this Act is replaced by the following:

If youth justice court not satisfied

(4) If the youth justice court is not satisfied that a young person understands the charge, the court shall, unless the young person must be put to his or her election under subsection 67(1) or, with respect to Nunavut, subsection 67(1.1), enter a plea of not guilty on behalf of the young person and proceed with the trial in accordance with subsection 35(2).

    (b) section 33 of this Act is amended by adding the following after subsection (5):

Nunavut

(5.1) Despite subsection (5), an application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth justice court judge who is a judge of the Nunavut Court of Justice shall be made to a judge of that court.

    (c) section 36 of this Act is amended by adding the following after subsection (8):

Nunavut

(8.1) Despite subsection (8), if the Nunavut Court of Justice is acting as a youth justice court, an appeal under subsection (5) shall be made to a judge of the Nunavut Court of Appeal, and an appeal of that judge's decision shall be made to the Nunavut Court of Appeal in accordance with section 839 of the Criminal Code.

    (d) section 67 of this Act is amended by adding the following after subsection (1):

Election - Nunavut

(1.1) 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:

    You have the option to elect to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth justice court without a jury and without a preliminary inquiry; or to have a preliminary inquiry and to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court without a jury; or to have a preliminary inquiry and to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court with a jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do you elect to be tried?

    (e) subsection 67(4) of this Act is replaced by the following:

Preliminary inquiry

(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

    (a) before a judge without a jury or a court composed of a judge and jury, as the case may be; or

    (b) in Nunavut, before a judge of the Nunavut Court of Justice acting as a youth justice court, with or without a jury, as the case may be.

    (f) subsection 67(6) of this Act is replaced by the following:

Parts XIX and XX of the Criminal Code

(6) Proceedings under this Act before a judge without a jury or a court composed of a judge and jury or, in Nunavut, a judge of the Nunavut Court of Justice, acting as a youth justice court, with or without a jury, shall be conducted in accordance with the provisions of Parts XIX and XX of the Criminal Code, with any modifications that the circumstances require, except that

    (a) the provisions of this Act respecting the protection of privacy of young persons prevail over the provisions of the Criminal Code; and

    (b) the young person is entitled to be represented in court by counsel if the young person is removed from court in accordance with subsection 650(2) of the Criminal Code.

(2) If Bill C-57, introduced in the first session of the thirty-sixth Parliament and entitled An Act to amend the Nunavut Act with respect to the Nunavut Court of Justice and to amend other acts in consequence, is assented to, and section 196 of this Act comes into force before the coming into force of sections 86 to 89 of that Act, the heading before section 86 and sections 86 to 89 of that Act are replaced by the following:

Youth Criminal Justice Act

86. Subsection 32(4) of the Youth Criminal Justice Act is replaced by the following:

If youth justice court not satisfied

(4) If the youth justice court is not satisfied that a young person understands the charge, the court shall, unless the young person must be put to his or her election under subsection 67(1) or, with respect to Nunavut, subsection 67(1.1), enter a plea of not guilty on behalf of the young person and proceed with the trial in accordance with subsection 35(2).

87. Section 33 of the Act is amended by adding the following after subsection (5):

Nunavut

(5.1) Despite subsection (5), an application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth justice court judge who is a judge of the Nunavut Court of Justice shall be made to a judge of that court.

88. Section 36 of the Act is amended by adding the following after subsection (8):

Nunavut

(8.1) Despite subsection (8), if the Nunavut Court of Justice is acting as a youth justice court, an appeal under subsection (5) shall be made to a judge of the Nunavut Court of Appeal, and an appeal of that judge's decision shall be made to the Nunavut Court of Appeal in accordance with section 839 of the Criminal Code.

89. (1) Section 67 of the Act is amended by adding the following after subsection (1):

Election - Nunavut

(1.1) 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:

    You have the option to elect to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth justice court without a jury and without a preliminary inquiry; or to have a preliminary inquiry and to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court without a jury; or to have a preliminary inquiry and to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court with a jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do you elect to be tried?

(2) Subsection 67(4) of the Act is replaced by the following:

Preliminary inquiry

(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

    (a) before a judge without a jury or a court composed of a judge and jury, as the case may be; or

    (b) in Nunavut, before a judge of the Nunavut Court of Justice acting as a youth justice court, with or without a jury, as the case may be.

(3) Subsection 67(6) of the Act is replaced by the following:

Parts XIX and XX of the Criminal Code

(6) Proceedings under this Act before a judge without a jury or a court composed of a judge and jury or, in Nunavut, a judge of the Nunavut Court of Justice, acting as a youth justice court, with or without a jury, shall be conducted in accordance with the provisions of Parts XIX and XX of the Criminal Code, with any modifications that the circumstances require, except that

    (a) the provisions of this Act respecting the protection of privacy of young persons prevail over the provisions of the Criminal Code; and

    (b) the young person is entitled to be represented in court by counsel if the young person is removed from court in accordance with subsection 650(2) of the Criminal Code.

Repeal

Repeal of R.S., c. Y-1

196. The Young Offenders Act is repealed.

Coming Into Force

Coming into force

197. This Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council.

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