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

Assented to 2002-02-19

PART 9CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE

Consequential Amendments

R.S., c. C-5Canada Evidence Act

Marginal note:R.S., c. 19 (3rd Supp.), s. 17

 Subsection 4(2) of the Canada Evidence Act is replaced by the following:

  • Marginal note:Accused and spouse

    (2) The wife or husband of a person charged with an offence under subsection 136(1) of the Youth Criminal Justice Act or with an offence under any of sections 151, 152, 153, 155 or 159, subsection 160(2) or (3), or sections 170 to 173, 179, 212, 215, 218, 271 to 273, 280 to 283, 291 to 294 or 329 of the Criminal Code, or an attempt to commit any such offence, is a competent and compellable witness for the prosecution without the consent of the person charged.

1992, c. 47Contraventions Act

  •  (1) The definition “youth court” in section 2 of the English version of the Contraventions Act is repealed.

  • (2) The definition tribunal pour adolescents in section 2 of the French version of the Act is replaced by the following:

    « tribunal pour adolescents »

    “youth justice court”

    tribunal pour adolescents À l’égard d’une contravention qui aurait été commise par un adolescent sur le territoire, ou dans le ressort des tribunaux, d’une province, le tribunal établi ou désigné sous le régime d’une loi provinciale, ou encore désigné par le gouverneur en conseil ou par le lieutenant-gouverneur en conseil, afin d’exercer les attributions du tribunal pour adolescents dans le cadre de la Loi sur le système de justice pénale pour les adolescents.

  • (3) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

    “youth justice court”

    « tribunal pour adolescents »

    “youth justice court” means, in respect of a contravention alleged to have been committed by a young person in, or otherwise within the territorial jurisdiction of the courts of, a province, the court established or designated by or under an Act of the legislature of the province, or designated by the Governor in Council or lieutenant governor in council of the province, as the youth justice court for the purposes of the Youth Criminal Justice Act.

Marginal note:1996, c. 7, s. 2

 Section 5 of the Act is replaced by the following:

Marginal note:Relationship with Criminal Code and Youth Criminal Justice Act

5. The provisions of the Criminal Code relating to summary conviction offences and the provisions of the Youth Criminal Justice Act apply to proceedings in respect of contraventions that are commenced under this Act, except to the extent that this Act, the regulations or the rules of court provide otherwise.

 Subsection 17(2) of the Act is replaced by the following:

  • Marginal note:Jurisdiction of adult courts over young persons

    (2) Notwithstanding the Youth Criminal Justice Act, a contraventions court or a justice of the peace has jurisdiction, to the exclusion of that of the youth justice court, in respect of any contravention alleged to have been committed by a young person in, or otherwise within the territorial jurisdiction of the courts of, a province the lieutenant governor in council of which has ordered that any such contravention be dealt with in ordinary court.

 Paragraph 62(2)(a) of the Act is replaced by the following:

  • (a) for the committal of the offender to custody under the Youth Criminal Justice Act, for one day, if the offender is a young person; or

1992, c. 20Corrections and Conditional Release Act

Marginal note:1995, c. 42, s. 1(2)

 The definition “sentence” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following:

“sentence”

« peine »ou« peine d’emprisonnement »

“sentence” means a sentence of imprisonment and includes a youth sentence imposed under the Youth Criminal Justice Act and a sentence imposed by a court of a foreign state on a Canadian offender who has been transferred to Canada pursuant to the Transfer of Offenders Act;

 Subsection 15(1) of the Act is replaced by the following:

Marginal note:Newfoundland
  • 15. (1) Notwithstanding any requirement in the Criminal Code or under the Youth Criminal Justice Act that a person be sentenced, committed or transferred to penitentiary, such a person in the Province of Newfoundland shall not be received in a penitentiary without the approval of an officer designated by the Lieutenant Governor of Newfoundland.

Marginal note:1995, c. 22, s. 13 (Sch. II, item 4), c. 42, par. 69(a)(E)

 The definition “offender” in subsection 99(1) of the Act is replaced by the following:

“offender”

« délinquant »

“offender” means

  • (a) a person, other than a young person within the meaning of the Youth Criminal Justice Act, who is under a sentence imposed before or after the coming into force of this section

    • (i) pursuant to an Act of Parliament or, to the extent that this Part applies, pursuant to a provincial Act, or

    • (ii) on conviction for criminal or civil contempt of court if the sentence does not include a requirement that the offender return to that court, or

  • (b) a young person within the meaning of the Youth Criminal Justice Act with respect to whom an order, committal or direction under section 76, 89, 92 or 93 of that Act has been made,

but does not include a person whose only sentence is a sentence being served intermittently pursuant to section 732 of the Criminal Code;

 The Act is amended by adding the following after section 99.1:

Marginal note:Young persons

99.2 In this Part, a young person within the meaning of the Youth Criminal Justice Act with respect to whom a committal or direction under section 89, 92 or 93 of that Act has been made begins to serve his or her sentence on the day on which the sentence comes into force in accordance with subsection 42(12) of that Act.

R.S., c. C-46Criminal Code

Marginal note:1995, c. 27, s. 1

 The definitions “adult”, “provincial court judge” and “young person” in section 487.04 of the Criminal Code are replaced by the following:

“adult”

« adulte »

“adult” has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act;

“provincial court judge”

« juge de la cour provinciale »

“provincial court judge”, in relation to a young person, includes a youth justice court judge within the meaning of subsection 2(1) of the Youth Criminal Justice Act;

“young person”

« adolescent »

“young person” has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act.

Marginal note:1998, c. 37, s. 17

 The portion of subsection 487.051(1) of the Act before paragraph (a), as enacted by section 17 of the DNA Identification Act, is replaced by the following:

Marginal note:Order
  • 487.051 (1) Subject to section 487.053, if a person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence, the court

Marginal note:1998, c. 37, s. 17

 Subsection 487.052(1) of the Act, as enacted by section 17 of the DNA Identification Act, is replaced by the following:

Marginal note:Offences committed before DNA Identification Act in force
  • 487.052 (1) Subject to section 487.053, if a person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of a designated offence committed before the coming into force of subsection 5(1) of the DNA Identification Act, the court may, on application by the prosecutor, make an order in Form 5.04 authorizing the taking, from that person or young person, for the purpose of forensic DNA analysis, of any number of samples of one or more bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1), if the court is satisfied that it is in the best interests of the administration of justice to do so.

 
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