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Safe Streets and Communities Act (S.C. 2012, c. 1)

Assented to 2012-03-13

184. Section 73 of the Act is replaced by the following:

Marginal note:Court must impose adult sentence

  • 73. (1) When the youth justice court makes an order under subsection 72(1) in respect of a young person, the court shall, on a finding of guilt, impose an adult sentence on the young person.

  • Marginal note:Court must impose youth sentence

    (2) When the youth justice court makes an order under subsection 72(1.1) in respect of a young person, the court shall, on a finding of guilt, impose a youth sentence on the young person.

185. Section 75 of the Act is replaced by the following:

Marginal note:Decision regarding lifting of publication ban

  • 75. (1) When the youth justice court imposes a youth sentence on a young person who has been found guilty of a violent offence, the court shall decide whether it is appropriate to make an order lifting the ban on publication of information that would identify the young person as having been dealt with under this Act as referred to in subsection 110(1).

  • Marginal note:Order

    (2) A youth justice court may order a lifting of the ban on publication if the court determines, taking into account the purpose and principles set out in sections 3 and 38, that the young person poses a significant risk of committing another violent offence and the lifting of the ban is necessary to protect the public against that risk.

  • Marginal note:Onus

    (3) The onus of satisfying the youth justice court as to the appropriateness of lifting the ban is on the Attorney General.

  • Marginal note:Appeals

    (4) For the purposes of an appeal in accordance with section 37, an order under subsection (2) is part of the sentence.

186. Subsection 76(2) of the Act is replaced by the following:

  • Marginal note:Young person under age of 18

    (2) No young person who is under the age of 18 years is to serve any portion of the imprisonment in a provincial correctional facility for adults or a penitentiary.

187. Section 81 of the Act is replaced by the following:

Marginal note:Procedure for application or notice

81. An application or a notice to the court under section 64 or 76 must be made or given orally, in the presence of the other party, or in writing with a copy served personally on the other party.

  • 188. (1) Paragraph 82(1)(b) of the Act is replaced by the following:

    • (b) a youth justice court may consider the finding of guilt in considering an application under subsection 64(1) (application for adult sentence);

  • (2) Paragraph 82(4)(a) of the Act is repealed.

  • (3) Paragraph 82(4)(b) of the French version of the Act is replaced by the following:

    • b) de déterminer la peine applicable aux adultes à imposer.