Bill C-3

Application of the Criminal Code

(a) wherever in Part XX.1 of the Criminal Code a reference is made to a copy to be sent or otherwise given to an accused or a party to the proceedings, the reference shall be read as including a reference to a copy to be sent or otherwise given to

(i) any counsel representing the young person,

(ii) a parent of the young person who is in attendance at the proceedings against the young person, and

(iii) a parent of the young person not in attendance at the proceedings who is, in the opinion of the youth justice court or Review Board, taking an active interest in the proceedings; and

(b) wherever in Part XX.1 of the Criminal Code a reference is made to notice to be given to an accused or a party to proceedings, the reference shall be read as including a reference to notice to be given to a parent of the young person and any counsel representing the young person.

(a) a parent of the young person attends at the court or Review Board with the young person; or

(b) a youth justice court judge or Review Board before whom proceedings are held against the young person

(i) adjourns the proceedings and orders that the notice be given in the manner and to the persons that the judge or Review Board directs, or

(ii) dispenses with the notice if the youth justice court or Review Board is of the opinion that, having regard to the circumstances, the notice may be dispensed with.

(a) the seriousness and circumstances of the alleged offence,

(b) the age, maturity, character and background of the young person and any previous criminal record,

(c) the likelihood that the young person will cause significant harm to any person if released on expiry of the cap that applies to the young person under subsection (7), and

(d) the respective caps that would apply to the young person under this Act and under the Criminal Code.

(a) in respect of an order under section 810, 810.01 or 810.2 of that Act or an offence under section 811 of that Act;

(b) in respect of a summary conviction offence; and

(c) in respect of an indictable offence as if it were defined in the enactment creating it as a summary conviction offence.

Procedure

Evidence

(a) the statement was voluntary;

(b) the person to whom the statement was made has, before the statement was made, clearly explained to the young person, in language appropriate to his or her age and understanding, that

(i) the young person is under no obligation to make a statement,

(ii) any statement made by the young person may be used as evidence in proceedings against him or her,

(iii) the young person has the right to consult counsel and a parent or other person in accordance with paragraph (c), and

(iv) any statement made by the young person is required to be made in the presence of counsel and any other person consulted in accordance with paragraph (c), if any, unless the young person desires otherwise;

(c) the young person has, before the statement was made, been given a reasonable opportunity to consult

(i) with counsel, and

(ii) with a parent or, in the absence of a parent, an adult relative or, in the absence of a parent and an adult relative, any other appropriate adult chosen by the young person, as long as that person is not a co-accused, or under investigation, in respect of the same offence; and

(d) if the young person consults a person in accordance with paragraph (c), the young person has been given a reasonable opportunity to make the statement in the presence of that person.

(a) must be recorded on video tape or audio tape; or

(b) must be in writing and contain a statement signed by the young person that he or she has been informed of the right being waived.

(a) the young person held himself or herself to be eighteen years old or older;

(b) the person to whom the statement or waiver was made conducted reasonable inquiries as to the age of the young person and had reasonable grounds for believing that the young person was eighteen years old or older; and

(c) in all other circumstances the statement or waiver would otherwise be admissible.

(a) making a decision on an application heard under section 71;

(b) determining whether the young person is unfit to stand trial;

(c) determining whether the balance of the mind of the young person was disturbed at the time of commission of the alleged offence, if the young person is a female person charged with an offence arising out of the death of her newly-born child;

(d) making or reviewing a sentence in respect of the young person;

(e) determining whether the young person was, at the time of the commission of an alleged offence, suffering from automatism or a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1) of the Criminal Code, if the accused puts his or her mental capacity for criminal intent into issue, or if the prosecutor raises the issue after verdict;

(f) challenging the credibility of a young person in any proceeding if the testimony of the young person is inconsistent in a material particular with a statement referred to in subsection (1) that the young person made previously;

(g) establishing the perjury of a young person who is charged with perjury in respect of a statement made in any proceeding;

(h) deciding an application for an order under subsection 103(1);

(i) setting the conditions under subsection 104(1);

(j) conducting a review under subsection 108(1); or

(k) deciding an application for a disclosure order under subsection 126(1).

(a) a birth or baptismal certificate or a copy of it purporting to be certified under the hand of the person in whose custody those records are held is evidence of the age of the person named in the certificate or copy; and

(b) an entry or record of an incorporated society that has had the control or care of the person alleged to have committed the offence in respect of which the proceedings are taken at or about the time the person came to Canada is evidence of the age of that person, if the entry or record was made before the time when the offence is alleged to have been committed.