Youth Criminal Justice Act (S.C. 2002, c. 1)

Marginal note: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.

• Marginal note:No order in ticket proceedings

  (2) Subsection (1) does not apply in proceedings commenced by filing a ticket under the Contraventions Act.

• Marginal note:Service of order

  (3) A copy of the order shall be served by a peace officer or by a person designated by a youth justice court by delivering it personally to the parent to whom it is directed, unless the youth justice court authorizes service by confirmed delivery service.

• Marginal note:Failure to attend

  (4) A parent who is ordered to attend a youth justice court under subsection (1) and who fails without reasonable excuse, the proof of which lies on the parent, to comply with the order

  • (a) is guilty of contempt of court;

  • (b) may be dealt with summarily by the court; and

  • (c) is liable to the punishment provided for in the Criminal Code for a summary conviction offence.

• Marginal note:Warrant to arrest parent

  (5) If a parent who is ordered to attend a youth justice court under subsection (1) does not attend when required by the order or fails to remain in attendance as required and it is proved that a copy of the order was served on the parent, a youth justice court may issue a warrant to compel the attendance of the parent.

Marginal note:Application of Part XVI of Criminal Code

28. Except to the extent that they are inconsistent with or excluded by this Act, the provisions of Part XVI (compelling appearance of an accused and interim release) of the Criminal Code apply to the detention and release of young persons under this Act.

Marginal note:Detention as social measure prohibited

• 29. (1) A youth justice court judge or a justice shall not detain a young person in custody prior to being sentenced as a substitute for appropriate child protection, mental health or other social measures.

• Marginal note:Justification for detention in custody

  (2) A youth justice court judge or a justice may order that a young person be detained in custody only if

  • (a) the young person has been charged with

    • (i) a serious offence, or

    • (ii) an offence other than a serious offence, if they have a history that indicates a pattern of either outstanding charges or findings of guilt;

  • (b) the judge or justice is satisfied, on a balance of probabilities,

    • (i) that there is a substantial likelihood that, before being dealt with according to law, the young person will not appear in court when required by law to do so,

    • (ii) that detention is necessary for the protection or safety of the public, including any victim of or witness to the offence, having regard to all the circumstances, including a substantial likelihood that the young person will, if released from custody, commit a serious offence, or

    • (iii) in the case where the young person has been charged with a serious offence and detention is not justified under subparagraph (i) or (ii), that there are exceptional circumstances that warrant detention and that detention is necessary to maintain confidence in the administration of justice, having regard to the principles set out in section 3 and to all the circumstances, including

      • (A) the apparent strength of the prosecution’s case,

      • (B) the gravity of the offence,

      • (C) the circumstances surrounding the commission of the offence, including whether a firearm was used, and

      • (D) the fact that the young person is liable, on being found guilty, for a potentially lengthy custodial sentence; and

  • (c) the judge or justice is satisfied, on a balance of probabilities, that no condition or combination of conditions of release would, depending on the justification on which the judge or justice relies under paragraph (b),

    • (i) reduce, to a level below substantial, the likelihood that the young person would not appear in court when required by law to do so,

    • (ii) offer adequate protection to the public from the risk that the young person might otherwise present, or

    • (iii) maintain confidence in the administration of justice.

• Marginal note:Onus

  (3) The onus of satisfying the youth justice court judge or the justice as to the matters referred to in subsection (2) is on the Attorney General.