Bill C-3

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First Reading

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	Youth Justice Committees
Youth justice committees	18. (1) The Attorney General of Canada or a province or any other minister that the lieutenant governor in council of the province may designate may establish one or more committees of citizens, to be known as youth justice committees, to assist in any aspect of the administration of this Act or in any programs or services for young persons.
Role of committee	(2) The functions of a youth justice committee may include the following:
	(a) if a police officer or the Attorney General has referred a young person alleged to have committed an offence to the youth justice committee,
	(i) giving advice on the appropriate extrajudicial measure to be used in respect of the young person,
	(ii) supporting any victim of the offence by soliciting his or her concerns and facilitating the reconciliation of the victim and the young person,
	(iii) ensuring that community support is available to the young person by arranging for the use of facilities and services from within the community, and enlisting members of the community to provide short-term mentoring and supervision, and
	(iv) when the young person is also being dealt with by a child protection agency or a community group, helping to coordinate the interaction of the agency or group with the youth criminal justice system;
	(b) advising the federal and provincial governments on whether the provisions of this Act that grant rights to young persons, or provide for the protection of young persons, are being complied with;
	(c) advising the federal and provincial governments on policies and procedures related to the youth criminal justice system;
	(d) providing information to the public in respect of this Act and the youth criminal justice system;
	(e) acting as a conference; and
	(f) any other functions assigned by the Attorney General.
	Conferences
Conferences may be convened	19. (1) A youth justice court judge, the provincial director, a police officer or any other person may, for the purpose of making a decision required to be made under this Act, convene a conference.
Mandate of a conference	(2) The mandate of a conference may be, among other things, to give advice on appropriate extrajudicial measures, conditions for judicial interim release or release from custody prior to trial by a peace officer or the officer in charge, sentences, including the review of sentences, and reintegration plans.
	Justices of the Peace
Certain proceedings may be taken before justices	20. (1) Any proceeding that may be carried out before a justice under the Criminal Code, other than a plea, a trial or an adjudication, may be carried out before a justice in respect of an offence alleged to have been committed by a young person, and any process that may be issued by a justice under the Criminal Code may be issued by a justice in respect of an offence alleged to have been committed by a young person.
Orders under s. 810 of Criminal Code	(2) A justice has jurisdiction to make an order under section 810 of the Criminal Code in respect of a young person. If the young person fails or refuses to enter into a recognizance referred to in that section, the justice shall refer the matter to a youth justice court.
	Clerks of the Court
Powers of clerks	21. In addition to any powers conferred on a clerk of a court by the Criminal Code, a clerk of the youth justice court may exercise the powers ordinarily exercised by a clerk of a court, and, in particular, may
	(a) administer oaths or solemn affirmations in all matters relating to the business of the youth justice court; and
	(b) in the absence of a youth justice court judge, exercise all the powers of a youth justice court judge relating to adjournment.
	Provincial Directors
Powers, duties and functions of provincial directors	22. The provincial director may authorize any person to exercise the powers or perform the duties or functions of the provincial director under this Act, in which case the powers, duties or functions are deemed to have been exercised or performed by the provincial director.
	PART 3
	JUDICIAL MEASURES
	Consent to Prosecute
Pre-charge screening	23. (1) The Attorney General may establish a program of pre-charge screening that sets out the circumstances in which the consent of the Attorney General must be obtained before a young person is charged with an offence.
Pre-charge screening program	(2) Any program of pre-charge screening of young persons that is established under an Act of the legislature of a province or by a directive of a provincial government, and that is in place before the coming into force of this section, is deemed to be a program of pre-charge screening for the purposes of subsection (1).
Private prosecutions	24. No prosecutions may be conducted by a prosecutor other than the Attorney General without the consent of the Attorney General.
	Right to Counsel
Right to counsel	25. (1) A young person has the right to retain and instruct counsel without delay, and to exercise that right personally, at any stage of proceedings against the young person and before and during any consideration of whether, instead of starting or continuing judicial proceedings against the young person under this Act, to use an extrajudicial sanction to deal with the young person.
Arresting officer to advise young person of right to counsel	(2) Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer or the officer in charge, as the case may be, of the right to retain and instruct counsel, and be given an opportunity to obtain counsel.
Justice, youth justice court or review board to advise young person of right to counsel	(3) When a young person is not represented by counsel
	(a) at a hearing at which it will be determined whether to release the young person or detain the young person in custody prior to sentencing,
	(b) at a hearing held under section 71,
	(c) at trial,
	(d) at any proceedings held under subsection 97(3), 102(1), 103(1), 104(1) or 108(1),
	(e) at a review of a youth sentence held before a youth justice court under this Act, or
	(f) at a review of the level of custody under section 86,
	the justice or youth justice court before which the hearing, trial or review is held, or the review board before which the review is held, shall advise the young person of the right to retain and instruct counsel and shall give the young person a reasonable opportunity to obtain counsel.
Trial, hearing or review before youth justice court or review board	(4) When a young person at trial or at a hearing or review referred to in subsection (3) wishes to obtain counsel but is unable to do so, the youth justice court before which the hearing, trial or review is held or the review board before which the review is held
	(a) shall, if there is a legal aid program or an assistance program available in the province where the hearing, trial or review is held, refer the young person to that program for the appointment of counsel; or
	(b) if no legal aid program or assistance program is available or the young person is unable to obtain counsel through the program, may, and on the request of the young person shall, direct that the young person be represented by counsel.
Appointment of counsel	(5) When a direction is made under paragraph (4)(b) in respect of a young person, the Attorney General of the province in which the direction is made shall appoint counsel, or cause counsel to be appointed, to represent the young person.
Release hearing before justice	(6) When a young person, at a hearing referred to in paragraph (3)(a) that is held before a justice who is not a youth justice court judge, wishes to obtain counsel but is unable to do so, the justice shall
	(a) if there is a legal aid program or an assistance program available in the province where the hearing is held,
	(i) refer the young person to that program for the appointment of counsel, or
	(ii) refer the matter to a youth justice court to be dealt with in accordance with paragraph (4)(a) or (b); or
	(b) if no legal aid program or assistance program is available or the young person is unable to obtain counsel through the program, refer the matter without delay to a youth justice court to be dealt with in accordance with paragraph (4)(b).
Young person may be assisted by adult	(7) When a young person is not represented by counsel at trial or at a hearing or review referred to in subsection (3), the justice before whom or the youth justice court or review board before which the proceedings are held may, on the request of the young person, allow the young person to be assisted by an adult whom the justice, court or review board considers to be suitable.
Counsel independent of parents	(8) If it appears to a youth justice court judge or a justice that the interests of a young person and the interests of a parent are in conflict or that it would be in the best interests of the young person to be represented by his or her own counsel, the judge or justice shall ensure that the young person is represented by counsel independent of the parent.
Statement of right to counsel	(9) A statement that a young person has the right to be represented by counsel shall be included in
	(a) any appearance notice or summons issued to the young person;
	(b) any warrant to arrest the young person;
	(c) any promise to appear given by the young person;
	(d) any undertaking or recognizance entered into before an officer in charge by the young person;
	(e) any notice given to the young person in relation to any proceedings held under subsection 97(3), 102(1), 103(1), 104(1) or 108(1); or
	(f) any notice of a review of a youth sentence given to the young person.
Recovery of costs of counsel	(10) Nothing in this Act prevents the lieutenant governor in council of a province or his or her delegate from establishing a program to authorize the recovery of the costs of a young person's counsel from the young person or the parents of the young person. The costs may be recovered only after the proceedings are completed and the time allowed for the taking of an appeal has expired or, if an appeal is taken, all proceedings in respect of the appeal have been completed.
Exception for persons over the age of twenty	(11) Subsections (4) to (9) do not apply to a person who is alleged to have committed an offence while a young person, if the person has attained the age of twenty years at the time of his or her first appearance before a youth justice court in respect of the offence; however, this does not restrict any rights that a person has under the law applicable to adults.
	Notices to Parents
Notice in case of arrest or detention	26. (1) Subject to subsection (4), if a young person is arrested and detained in custody pending his or her appearance in court, the officer in charge at the time the young person is detained shall, as soon as possible, give or cause to be given to a parent of the young person, orally or in writing, notice of the arrest stating the place of detention and the reason for the arrest.
Notice in other cases	(2) Subject to subsection (4), if a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or appearance notice, or, if a young person is released on giving a promise to appear or entering into an undertaking or recognizance, the officer in charge, shall, as soon as possible, give or cause to be given to a parent of the young person notice in writing of the summons, appearance notice, promise to appear, undertaking or recognizance.
Notice to parent in case of ticket	(3) Subject to subsection (4), a person who serves a ticket under the Contraventions Act on a young person, other than a ticket served for a contravention relating to parking a vehicle, shall, as soon as possible, give or cause to be given notice in writing of the ticket to a parent of the young person.
Notice to relative or other adult	(4) If the whereabouts of the parents of a young person are not known or it appears that no parent is available, a notice under this section may be given to an adult relative of the young person who is known to the young person and is likely to assist the young person or, if no such adult relative is available, to any other adult who is known to the young person and is likely to assist the young person and who the person giving the notice considers appropriate.
Notice on direction of youth justice court judge or justice	(5) If doubt exists as to the person to whom a notice under this section should be given, a youth justice court judge or, if a youth justice court judge is, having regard to the circumstances, not reasonably available, a justice may give directions as to the person to whom the notice should be given, and a notice given in accordance with those directions is sufficient notice for the purposes of this section.
Contents of notice	(6) Any notice under this section shall, in addition to any other requirements under this section, include
	(a) the name of the young person in respect of whom it is given;
	(b) the charge against the young person and, except in the case of a notice of a ticket served under the Contraventions Act, the time and place of appearance; and
	(c) a statement that the young person has the right to be represented by counsel.
Notice of ticket under Contraven- tions Act	(7) A notice under subsection (3) shall include a copy of the ticket.
Service of notice	(8) Subject to subsections (10) and (11), a notice under this section that is given in writing may be served personally or be sent by confirmed delivery service.
Proceedings not invalid	(9) Subject to subsections (10) and (11), failure to give a notice in accordance with this section does not affect the validity of proceedings under this Act.
Exception	(10) Failure to give a notice under subsection (2) in accordance with this section in any case renders invalid any subsequent proceedings under this Act relating to the case unless
	(a) a parent of the young person attends court with the young person; or
	(b) a youth justice court judge or a justice 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 justice directs, or
	(ii) dispenses with the notice if the judge or justice is of the opinion that, having regard to the circumstances, the notice may be dispensed with.
Where notice is not served	(11) Where there has been a failure to give a notice under subsection (1) or (3) in accordance with this section and none of the persons to whom the notice may be given attends court with the young person, a youth justice court judge or a justice before whom proceedings are held against the young person may
	(a) adjourn the proceedings and order that the notice be given in the manner and to the persons that the judge or justice directs; or
	(b) dispense with the notice if the judge or justice is of the opinion that, having regard to the circumstances, the notice may be dispensed with.
Exception for persons over the age of twenty	(12) This section does not apply to a person who is alleged to have committed an offence while a young person, if the person has attained the age of twenty years at the time of his or her first appearance before a youth justice court in respect of the offence.
Order requiring attendance of parent	27. (1) If a parent does not attend proceedings held before a youth justice court in respect of a young person, the court may, if in its opinion the presence of the parent is necessary or in the best interests of the young person, by order in writing require the parent to attend at any stage of the proceedings.
No order in ticket proceedings	(2) Subsection (1) does not apply in proceedings commenced by filing a ticket under the Contraventions Act.