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

Marginal note:Proceedings in case of default

• 135. (1) When a recognizance binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code, a youth justice court judge shall

  • (a) on the request of the Attorney General, fix a time and place for the hearing of an application for the forfeiture of the recognizance; and

  • (b) after fixing a time and place for the hearing, cause to be sent by confirmed delivery service, not less than ten days before the time so fixed, to each principal and surety named in the recognizance, directed to his or her latest known address, a notice requiring him or her to appear at the time and place fixed by the judge to show cause why the recognizance should not be forfeited.

• Marginal note:Order for forfeiture of recognizance

  (2) When subsection (1) is complied with, the youth justice court judge may, after giving the parties an opportunity to be heard, in his or her discretion grant or refuse the application and make any order with respect to the forfeiture of the recognizance that he or she considers proper.

• Marginal note:Judgment debtors of the Crown

  (3) If, under subsection (2), a youth justice court judge orders forfeiture of a recognizance, the principal and his or her sureties become judgment debtors of the Crown, each in the amount that the judge orders him or her to pay.

• Marginal note:Order may be filed

  (4) An order made under subsection (2) may be filed with the clerk of the superior court or, in the province of Quebec, the prothonotary and, if an order is filed, the clerk or the prothonotary shall issue a writ of fieri facias in Form 34 set out in the Criminal Code and deliver it to the sheriff of each of the territorial divisions in which any of the principal and his or her sureties resides, carries on business or has property.

• Marginal note:If a deposit has been made

  (5) If a deposit has been made by a person against whom an order for forfeiture of a recognizance has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it.

• Marginal note:Subsections 770(2) and (4) of Criminal Code do not apply

  (6) Subsections 770(2) (transmission of recognizance) and (4) (transmission of deposit) of the Criminal Code do not apply in respect of proceedings under this Act.

• Marginal note:Sections 772 and 773 of Criminal Code apply

  (7) Sections 772 (levy under writ) and 773 (committal when writ not satisfied) of the Criminal Code apply in respect of writs of fieri facias issued under this section as if they were issued under section 771 (proceedings in case of default) of that Act.

Offences and Punishment

Marginal note:Inducing a young person, etc.

• 136. (1) Every person who

  • (a) induces or assists a young person to leave unlawfully a place of custody or other place in which the young person has been placed in accordance with a youth sentence or a disposition imposed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

  • (b) unlawfully removes a young person from a place referred to in paragraph (a),

  • (c) knowingly harbours or conceals a young person who has unlawfully left a place referred to in paragraph (a),

  • (d) wilfully induces or assists a young person to breach or disobey a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or

  • (e) wilfully prevents or interferes with the performance by a young person of a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

  is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.

• Marginal note:Absolute jurisdiction of provincial court judge

  (2) The jurisdiction of a provincial court judge to try an adult charged with an indictable offence under this section is absolute and does not depend on the consent of the accused.

Marginal note:Failure to comply with sentence or disposition

137. Every person who is subject to a youth sentence imposed under any of paragraphs 42(2)(c) to (m) or (s) of this Act, to a victim fine surcharge ordered under subsection 53(2) of this Act or to a disposition made under any of paragraphs 20(1)(a.1) to (g), (j) or (l) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and who wilfully fails or refuses to comply with that sentence, surcharge or disposition is guilty of an offence punishable on summary conviction.

Marginal note:Offences

• 138. (1) Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or 46(1) (prohibition against disclosure) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Provincial court judge has absolute jurisdiction on indictment

  (2) The jurisdiction of a provincial court judge to try an adult charged with an offence under paragraph (1)(a) is absolute and does not depend on the consent of the accused.

Marginal note:Offence and punishment

• 139. (1) Every person who wilfully fails to comply with section 30 (designated place of temporary detention), or with an undertaking entered into under subsection 31(3) (condition of placement),

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Offence and punishment

  (2) Every person who wilfully fails to comply with section 7 (designated place of temporary detention) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or with an undertaking entered into under subsection 7.1(2) (condition of placement) of that Act is guilty of an offence punishable on summary conviction.

• Marginal note:Punishment

  (3) Any person who uses or authorizes the use of an application form in contravention of subsection 82(3) (application for employment) is guilty of an offence punishable on summary conviction.

Application of Criminal Code

Marginal note:Application of Criminal Code

140. Except to the extent that it is inconsistent with or excluded by this Act, the provisions of the Criminal Code apply, with any modifications that the circumstances require, in respect of offences alleged to have been committed by young persons.

Marginal note:Sections of Criminal Code applicable

• 141. (1) Except to the extent that they are inconsistent with or excluded by this Act, section 16 (defence of mental disorder) and Part XX.1 (mental disorder) of the Criminal Code, except sections 672.65 (capping of offences) and 672.66 (hearing application procedures), apply, with any modifications that the circumstances require, in respect of proceedings under this Act in relation to offences alleged to have been committed by young persons.

• Marginal note:Notice and copies to counsel and parents

  (2) For the purposes of subsection (1),

  • (a) wherever in Part XX.1 (mental disorder) of the Criminal Code a reference is made to a copy to be sent or otherwise given to an accused or a party to the proceedings, the reference shall be read as including a reference to a copy to be sent or otherwise given to

    • (i) any counsel representing the young person,

    • (ii) a parent of the young person who is in attendance at the proceedings against the young person, and

    • (iii) a parent of the young person not in attendance at the proceedings who is, in the opinion of the youth justice court or Review Board, taking an active interest in the proceedings; and

  • (b) wherever in Part XX.1 (mental disorder) of the Criminal Code a reference is made to notice to be given to an accused or a party to proceedings, the reference shall be read as including a reference to notice to be given to a parent of the young person and any counsel representing the young person.

• Marginal note:Proceedings not invalid

  (3) Subject to subsection (4), failure to give a notice referred to in paragraph (2)(b) to a parent of a young person does not affect the validity of proceedings under this Act.

• Marginal note:Exception

  (4) Failure to give a notice referred to in paragraph (2)(b) to a parent of a young person in any case renders invalid any subsequent proceedings under this Act relating to the case unless

  • (a) a parent of the young person attends at the court or Review Board with the young person; or

  • (b) a youth justice court judge or Review Board 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 Review Board directs, or

    • (ii) dispenses with the notice if the youth justice court or Review Board is of the opinion that, having regard to the circumstances, the notice may be dispensed with.

• Marginal note:No hospital order assessments

  (5) A youth justice court may not make an order under section 672.11 (assessment order) of the Criminal Code in respect of a young person for the purpose of assisting in the determination of a matter mentioned in paragraph (e) of that section.

• Marginal note:Considerations of court or Review Board making a disposition

  (6) Before making or reviewing a disposition in respect of a young person under Part XX.1 (mental disorder) of the Criminal Code, a youth justice court or Review Board shall consider the age and special needs of the young person and any representations or submissions made by a parent of the young person.

• Marginal note:Cap applicable to young persons

  (7) Subject to subsection (9), for the purpose of applying subsection 672.64(3) (cap for various offences) of the Criminal Code to proceedings under this Act in relation to an offence alleged to have been committed by a young person, the applicable cap shall be the maximum period during which the young person would be subject to a youth sentence by the youth justice court if found guilty of the offence.

• Marginal note:Application to increase cap of unfit young person subject to adult sentence

  (8) If a young person is charged with a presumptive offence or notice has been given under subsection 64(2) (intention to seek adult sentence), and the young person is found unfit to stand trial, the Attorney General may apply to the court to increase the cap that will apply to the young person.

• Marginal note:Consideration of youth justice court for increase in cap

  (9) The youth justice court, after giving the Attorney General and the counsel and a parent of the young person in respect of whom subsection (8) applies an opportunity to be heard, shall take into consideration

  • (a) the seriousness and circumstances of the alleged offence,

  • (b) the age, maturity, character and background of the young person and any previous criminal record,

  • (c) the likelihood that the young person will cause significant harm to any person if released on expiry of the cap that applies to the young person under subsection (7), and

  • (d) the respective caps that would apply to the young person under this Act and under the Criminal Code.

  If the court is satisfied that it would make an order under subsection 64(5) (application for adult sentence unopposed) or 70(2) (no application by young person to avoid adult sentence) or paragraph 72(1)(b) (imposition of adult sentence) if the young person were fit to stand trial, it shall apply to the young person the cap that would apply to an adult for the same offence.

• Marginal note:Prima facie case to be made every year

  (10) For the purpose of applying subsection 672.33(1) (fitness to stand trial) of the Criminal Code to proceedings under this Act in relation to an offence alleged to have been committed by a young person, wherever in that subsection a reference is made to two years, there shall be substituted a reference to one year.

• Marginal note:Designation of hospitals for young persons

  (11) A reference in Part XX.1 (mental disorder) of the Criminal Code to a hospital in a province shall be construed as a reference to a hospital designated by the Minister of Health for the province for the custody, treatment or assessment of young persons.

• Definition of “Review Board”

  (12) In this section, “Review Board” has the meaning assigned by section 672.1 of the Criminal Code.