Bill C-444
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1st Session, 37th Parliament, 49-50-51 Elizabeth II, 2001-2002
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House of Commons of Canada
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BILL C-444 |
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An Act to amend the Youth Criminal Justice
Act
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| 2002, c. 1
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YOUTH CRIMINAL JUSTICE ACT |
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1. Section 2 of the Youth Criminal Justice
Act is amended by adding the following in
alphabetical order:
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| ``home
invasion
offence'' « infraction d'invasion de domicile »
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``home invasion offence'' means an offence
committed by a young person under
paragraph 348(1)(d) (breaking and entering
in relation to a dwelling-house) of the
Criminal Code and an offence committed
by a young person in relation to a
dwelling-house under any of subsection
279(2) (forcible confinement) and sections
343 (robbery) and 346 (extortion) of that
Act, if the dwelling-house was occupied at
the time of the commission of the offence
and the young person, in committing the
offence, knew that or was reckless as to
whether the dwelling-house was occupied
and used violence or threats of violence to
a person or property.
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2. Section 42 of the Act is amended by
adding the following after subsection (2):
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| Home
invasion
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(2.1) Despite paragraph 42(2)(k), when a
youth justice court finds a young person guilty
of a home invasion offence and is imposing a
youth sentence, the court shall, in addition to
any other punishment imposed by the court
under subsection (2), place the young person
on probation with the condition that the young
person comply with a curfew which shall
remain in effect for a period of one year or for
a period that ends when the young person
becomes eighteen years of age, whichever
period is greater, to a maximum of three years.
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| Subsequent
offences
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(2.2) When a youth justice court finds a
young person guilty of a second or subsequent
home invasion offence and is imposing a
youth sentence, the court shall, in addition to
any other punishment imposed by the court
under subsection (2), order the young person
to serve a minimum sentence of thirty days in
custody.
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3. The Act is amended by adding the
following after section 55:
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| Duty to report
breach
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55.1 (1) Any responsible person who
becomes aware that a young person has
breached the condition referred to in
subsection 42(2.1) shall immediately report
the breach to the authority responsible for
monitoring the young person's probation.
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| Duty to report
breach
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(2) Any responsible person who becomes
aware that a young person has breached a
condition of an order referred to in section 55
shall immediately report the breach to the
authority responsible for monitoring the
young person's probation unless the judge, at
the time the order was made, specified that a
breach of that condition was not required to be
reported under this subsection.
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| Responsible
person
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(3) For the purposes of this section,
``responsible person'' means a custodial
parent of a young person or any person who is
directly responsible for monitoring the young
person's probation.
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4. Section 139 of the Act is amended by
adding the following after subsection (3):
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| Failure to
report breach
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(4) Every person who fails to report the
breach of a condition referred to in subsection
42(2.1) or section 55 when required to do so
under section 55.1 is guilty of an offence
punishable on summary conviction and is
liable to a fine not exceeding two thousand
dollars or to imprisonment for a term not
exceeding six months or to both.
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COMING INTO FORCE |
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5. This Act comes into force on the last
day on which any of sections 2, 42, 55 and
139 of the Youth Criminal Justice Act,
chapter 1 of the Statutes of Canada, 2002,
come into force.
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