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Bill C-7

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TABLE OF PROVISIONS

AN ACT IN RESPECT OF CRIMINAL JUSTICE FOR YOUNG 
PERSONS AND TO AMEND AND REPEAL OTHER ACTS 
Preamble

SHORT TITLE

1. Short title

INTERPRETATION

2. Definitions

DECLARATION OF PRINCIPLE

3. Policy for Canada with respect to young persons

PART 1

EXTRAJUDICIAL MEASURES

Principles and Objectives
4. Declaration of principles

5. Objectives

Warnings, Cautions and Referrals
6. Warnings, cautions and referrals

7. Police cautions

8. Crown cautions

9. Evidence of measures is inadmissible

Extrajudicial Sanctions
10. Extrajudicial sanctions

11. Notice to parent

12. Victim's right to information

PART 2

ORGANIZATION OF YOUTH CRIMINAL JUSTICE SYSTEM

Youth Justice Court
13. Designation of youth justice court

14. Exclusive jurisdiction of youth justice court

15. Contempt against youth justice court

16. Status of offender uncertain

17. Youth justice court may make rules

Youth Justice Committees
18. Youth justice committees

Conferences
19. Conferences may be convened

Justices of the Peace
20. Certain proceedings may be taken before justices

Clerks of the Court
21. Powers of clerks

Provincial Directors
22. Powers, duties and functions of provincial directors

PART 3

JUDICIAL MEASURES

Consent to Prosecute
23. Pre-charge screening

24. Private prosecutions

Right to Counsel
25. Right to counsel

Notices to Parents
26. Notice in case of arrest or detention

27. Order requiring attendance of parent

Detention before Sentencing
28. Application of Part XVI of Criminal Code

29. Detention as social measure prohibited

30. Designated place of temporary detention

31. Placement of young person in care of responsible person

Appearance
32. Appearance before judge or justice

Release from or Detention in Custody
33. Application for release from or detention in custody

Medical and Psychological Reports
34. Medical or psychological assessment

Referral to Child Welfare Agency
35. Referral to child welfare agency

Adjudication
36. When young person pleads guilty

Appeals
37. Appeals

PART 4

SENTENCING

Purpose and Principles
38. Purpose

39. Committal to custody

Pre-sentence Report
40. Pre-sentence report

Youth Sentences
41. Recommendation of conference

42. Considerations as to youth sentence

43. Additional youth sentences

44. Custodial portion if additional youth sentence

45. Supervision when additional youth sentence extends the period in custody

46. Exception when youth sentence in respect of earlier offence

47. Committal to custody deemed continuous

48. Reasons for the sentence

49. Warrant of committal

50. Application of Part XXIII of Criminal Code

51. Mandatory prohibition order

52. Review of order made under section 51

53. Funding for victims

54. Where a fine or other payment is ordered

55. Conditions that must appear in orders

56. Communication of order

57. Transfer of youth sentence

58. Interprovincial arrangements

59. Review of youth sentences not involving custody

60. Provisions applicable to youth sentences on review

Adult Sentence and Election
61. Age for purpose of presumptive offences

62. Imposition of adult sentence

63. Application by young person

64. Application by Attorney General

65. Presumption does not apply

66. No election if youth sentence

67. Election - adult sentence

68. Proof of notice under subsection 64(4)

69. Paragraph (a) ``presumptive offence'' - included offences

70. Inquiry by court to young person

71. Hearing - adult sentences

72. Test - adult sentences

73. Court must impose adult sentence

74. Application of Parts XXIII and XXIV of Criminal Code

75. Inquiry by the court to the young person

76. Placement when subject to adult sentence

77. Obligation to inform - parole

78. Release entitlement

79. If person convicted under another Act

80. If person who is serving a sentence under another Act is sentenced to an adult sentence

81. Procedure for application or notice

Effect of Termination of Youth Sentence
82. Effect of absolute discharge or termination of youth sentence

PART 5

CUSTODY AND SUPERVISION

83. Purpose

84. Young person to be held apart from adults

85. Levels of custody

86. Procedural safeguards

87. Review

88. Functions to be exercised by youth justice court

89. Exception if young person is twenty years old or older

90. Youth worker

91. Reintegration leave

92. Transfer to adult facility

93. When young person reaches twenty years of age

94. Annual review

95. Orders are youth sentences

96. Recommendation of provincial director for conditional supervision of young person

97. Conditions to be included in custody and supervision order

98. Application for continuation of custody

99. Report

100. Reasons

101. Review of youth justice court decision

102. Breach of conditions

103. Review by youth justice court

104. Continuation of custody

105. Conditional supervision

106. Suspension of conditional supervision

107. Apprehension

108. Review by provincial director

109. Review by youth justice court

PART 6

PUBLICATION, RECORDS AND INFORMATION

Protection of Privacy of Young Persons
110. Identity of offender not to be published

111. Identity of victim or witness not to be published

112. Non-application

Fingerprints and Photographs
113. Identification of Criminals Act applies

Records That May Be Kept
114. Youth justice court, review board and other courts

115. Police records

116. Government records

Access to Records
117. Exception - adult sentence

118. No access unless authorized

119. Persons having access to records

120. Access to R.C.M.P. records

121. Deemed election

122. Disclosure of information and copies of record

123. Where records may be made available

124. Access to record by young person

Disclosure of Information in a Record
125. Disclosure by peace officer during investigation

126. Records in the custody, etc., of archivists

127. Disclosure with court order

Disposition or Destruction of Records and Prohibition on Use and Disclosure
128. Effect of end of access periods

129. No subsequent disclosure

PART 7

GENERAL PROVISIONS

Disqualification of Judge
130. Disqualification of judge

Substitution of Judge
131. Powers of substitute youth justice court judge

Exclusion from Hearing
132. Exclusion from hearing

Transfer of Charges
133. Transfer of charges

Forfeiture of Recognizances
134. Applications for forfeiture of recognizances

135. Proceedings in case of default

Offences and Punishment
136. Inducing a young person, etc.

137. Failure to comply with sentence or disposition

138. Offences

139. Offence and punishment

Application of Criminal Code
140. Application of Criminal Code

141. Sections of Criminal Code applicable

142. Part XXVII and summary conviction trial provisions of Criminal Code to apply

Procedure
143. Counts charged in information

144. Issue of subpoena

145. Warrant

Evidence
146. General law on admissibility of statements to apply

147. Statements not admissible against young person

148. Testimony of a parent

149. Admissions

150. Material evidence

151. Evidence of a child or young person

152. Proof of service

153. Seal not required

Forms, Regulations and Rules of Court
154. Forms

155. Regulations

Agreements with Provinces
156. Agreements with provinces

Programs
157. Community-based programs

PART 8

TRANSITIONAL PROVISIONS

158. Prohibition on proceedings

159. Proceedings commenced under Young Offenders Act

160. Offences committed before this section in force

161. Applicable sentence

162. Proceedings commence with information

163. Application to delinquency and other offending behaviour

164. Agreements continue in force

165. Designation of youth justice court

PART 9

CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE

Consequential Amendments
166. Canada Evidence Act

167-170. Contraventions Act

171-174. Corrections and Conditional Release Act

175-186. Criminal Code

187-189. DNA Identification Act

190-194. Extradition Act

195. Mutual Legal Assistance in Criminal Matters Act

196-197. Prisons and Reformatories Act

198. Transfer of Offenders Act

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

Coming into Force
200. Coming into force

SCHEDULE