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

Assented to 2002-02-19

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

 Paragraph 487.053(b) of the English version of the Act, as enacted by section 17 of the DNA Identification Act, is replaced by the following:

  • (b) by the person or young person, that they consent to the entry, in the convicted offenders index of the national DNA data bank established under that Act, of the results of DNA analysis of bodily substances that were provided voluntarily in the course of the investigation of, or taken from them in execution of a warrant that was issued under section 487.05 in respect of, the designated offence of which the person has been 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, or another designated offence in respect of the same transaction.

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

 Subsection 487.056(1) of the English version of the Act, as enacted by section 17 of the DNA Identification Act, is replaced by the following:

Marginal note:When collection to take place
  • 487.056 (1) Samples of bodily substances referred to in sections 487.051 and 487.052 shall be taken at the time the 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, or as soon as is feasible afterwards, even though an appeal may have been taken.

Marginal note:1998, c. 37, s. 20

 Paragraphs 487.071(1)(a) and (b) of the Act, as enacted by section 20 of the DNA Identification Act, are replaced by the following:

  • (a) provided voluntarily in the course of an investigation of a designated offence by any person who is later 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 the designated offence or another designated offence in respect of the same transaction and who, having been so convicted, discharged or found guilty, consents to having the results entered in the convicted offenders index;

  • (b) taken in execution of a warrant under section 487.05 from a person who is later 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 the designated offence in respect of which the warrant was issued or another designated offence in respect of the same transaction and who, having been so convicted, discharged or found guilty, consents to having the results entered in the convicted offenders index;

 The portion of subsection 667(1) of the Act before paragraph (b) is replaced by the following:

Marginal note:Proof of previous conviction
  • 667. (1) In any proceedings,

    • (a) a certificate setting out with reasonable particularity the conviction or discharge under section 730, the finding of guilt under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the finding of guilt under the Youth Criminal Justice Act, or the judicial determination under subsection 42(9) of that Act, or the conviction and sentence or finding of guilt and sentence in Canada of an offender, signed by

      • (i) the person who made the conviction, order for the discharge, finding of guilt or judicial determination,

      • (ii) the clerk of the court in which the conviction, order for the discharge, finding of guilt or judicial determination was made, or

      • (iii) a fingerprint examiner,

      is, on proof that the accused or defendant is the offender referred to in the certificate, evidence that the accused or defendant was so convicted, so discharged or so convicted and sentenced or found guilty and sentenced, or that a judicial determination was made against the accused or defendant, without proof of the signature or the official character of the person appearing to have signed the certificate;

Marginal note:1997, c. 18, par. 141(c)

 Subsection 718.3(4) of the Act is replaced by the following:

  • Marginal note:Cumulative punishments

    (4) The court or youth justice court that sentences an accused may direct that the terms of imprisonment that are imposed by the court or the youth justice court or that result from the operation of subsection 734(4) or 743.5(1) or (2) shall be served consecutively, when

    • (a) the accused is sentenced while under sentence for an offence, and a term of imprisonment, whether in default of payment of a fine or otherwise, is imposed;

    • (b) the accused is found guilty or convicted of an offence punishable with both a fine and imprisonment and both are imposed;

    • (c) the accused is found guilty or convicted of more than one offence, and

      • (i) more than one fine is imposed,

      • (ii) terms of imprisonment for the respective offences are imposed, or

      • (iii) a term of imprisonment is imposed in respect of one offence and a fine is imposed in respect of another offence; or

    • (d) subsection 743.5(1) or (2) applies.

Marginal note:1995, c. 22, s. 6

 Paragraph 721(3)(b) of the Act is replaced by the following:

Marginal note:1995, c. 22, s. 6, paras. 19(b), 20(b)

 Sections 743.4 and 743.5 of the Act are replaced by the following:

Marginal note:Transfer of jurisdiction when person already sentenced under Youth Criminal Justice Act
  • 743.5 (1) If a young person or an adult is or has been sentenced to a term of imprisonment for an offence while subject to a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act, the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.

  • Marginal note:Transfer of jurisdiction when youth sentence imposed under Youth Criminal Justice Act

    (2) If a disposition is made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, with respect to a person or a youth sentence is imposed on a person under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act while the young person or adult is under sentence of imprisonment imposed under an Act of Parliament other than the Youth Criminal Justice Act, the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.

  • Marginal note:Sentences deemed to constitute one sentence — section 743.1

    (3) For greater certainty, the dispositions and sentences referred to in subsections (1) and (2) are, for the purpose of section 139 of the Corrections and Conditional Release Act, deemed to constitute one sentence of imprisonment.

Marginal note:1998, c. 37, s. 24

 The first paragraph of Form 5.03 of the Act, as enacted by section 24 of the DNA Identification Act, is replaced by the following:

Whereas (name of offender) has been convicted, discharged under section 730 of the Criminal Code 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 (offence), an offence that is a primary designated offence within the meaning of section 487.04 of the Criminal Code;

Marginal note:1998, c. 37, s. 24

 The portion of the first paragraph of Form 5.04 of the Act before paragraph (a), as enacted by section 24 of the DNA Identification Act, is replaced by the following:

Whereas (name of offender), in this order called the “offender”, has been convicted, discharged under section 730 of the Criminal Code 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 (offence), an offence that is

1998, c. 37DNA Identification Act

 The definition “young person” in section 2 of the DNA Identification Act is replaced by the following:

“young person”

« adolescent »

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

 
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