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

Assented to 2002-02-19

  •  (1) The portion of paragraph 9(2)(c) of the Act before subparagraph (i) is replaced by the following:

    • (c) in the case of information in relation to a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of any of the following offences, the expiry of ten years after the sentence or all dispositions made in respect of the offence have been completed, namely,

  • (2) Paragraphs 9(2)(d) and (e) of the Act are replaced by the following:

    • (d) in the case of information in relation to a young person who has been 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, other than an offence referred to in any of subparagraphs (c)(i) to (iii) and sections 235 (first degree murder or second degree murder), 236 (manslaughter), 239 (attempt to commit murder) and 273 (aggravated sexual assault) of the Criminal Code, the expiry of five years after the sentence or all dispositions made in respect of the offence have been completed; and

    • (e) in the case of information in relation to a young person who has been 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 that is a summary conviction offence, the expiry of three years after the sentence or all dispositions made in respect of the offence have been completed.

  •  (1) The portion of paragraph 10(7)(c) of the Act before subparagraph (i) is replaced by the following:

    • (c) if the person is a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of any of the following offences, after the expiry of ten years after the sentence or all dispositions made in respect of the offence have been completed, namely,

  • (2) Paragraphs 10(7)(d) and (e) of the Act are replaced by the following:

    • (d) if the person is a young person who has been 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, other than an offence referred to in any of subparagraphs (c)(i) to (iii) and sections 235 (first degree murder or second degree murder), 236 (manslaughter), 239 (attempt to commit murder) and 273 (aggravated sexual assault) of the Criminal Code, after the expiry of five years after the sentence or all dispositions made in respect of the offence have been completed; and

    • (e) if the person is a young person who has been 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 that is a summary conviction offence, after the expiry of three years after the sentence or all dispositions made in respect of the offence have been completed.

1999, c. 18Extradition Act

 Paragraph 47(c) of the Extradition Act is replaced by the following:

  • (c) the person was less than eighteen years old at the time of the offence and the law that applies to them in the territory over which the extradition partner has jurisdiction is not consistent with the fundamental principles governing the Youth Criminal Justice Act;

 Paragraphs 77(a) and (b) of the Act are replaced by the following:

  • (a) in respect of a prosecution or imposition of a sentence — or of a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985 — the Attorney General, or the Attorney General of a province who is responsible for the prosecution of the case; and

  • (b) in respect of the enforcement of a sentence or a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

    • (i) the Solicitor General of Canada, if the person would serve the sentence in a penitentiary, or

    • (ii) the appropriate provincial minister responsible for corrections, in any other case.

 Subsection 78(1) of the Act is replaced by the following:

Marginal note:Request by Canada for extradition
  • 78. (1) The Minister, at the request of a competent authority, may make a request to a State or entity for the extradition of a person for the purpose of prosecuting the person for — or imposing or enforcing a sentence, or making or enforcing a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of — an offence over which Canada has jurisdiction.

 The portion of paragraph 80(a) of the Act before subparagraph (i) is replaced by the following:

  • (a) be detained or prosecuted, or have a sentence imposed or executed, or a disposition made or executed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in Canada in respect of an offence that is alleged to have been committed, or was committed, before surrender other than

  •  (1) Subsection 83(1) of the Act is replaced by the following:

    Marginal note:Commencement of sentence
    • 83. (1) Subject to subsection (3), the sentence or disposition of a person who has been temporarily surrendered and who has been convicted and sentenced, or found guilty and sentenced, in Canada, or in respect of whom a disposition has been made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, does not commence until their final extradition to Canada.

  • (2) Subsection 83(3) of the Act is replaced by the following:

    • Marginal note:If concurrent sentences ordered

      (3) The sentencing judge may order that the person’s sentence, or the disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, be executed concurrently with the sentence they are serving in the requested State or entity, in which case the warrant of committal or order of disposition shall state that the person is to be committed to custody under subsection (2) only for any portion of the sentence or disposition remaining at the time of their final extradition to Canada.

R.S., c. 30 (4th Supp.)Mutual Legal Assistance in Criminal Matters Act

 Section 29 of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following:

Marginal note:Exception for young persons

29. Sections 24 to 28 do not apply in respect of a person who, at the time the request mentioned in subsection 24(1) is presented, is a young person within the meaning of the Youth Criminal Justice Act.

R.S., c. P-20Prisons and Reformatories Act

  •  (1) Paragraph (b) of the definition “prisoner” in subsection 2(1) of the Prisons and Reformatories Act is replaced by the following:

    • (b) a young person within the meaning of the Youth Criminal Justice Act with respect to whom no order, committal or direction has been made under paragraph 76(1)(a) or section 89, 92 or 93 of that Act,

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    “sentence”

    « peine »

    “sentence” includes a youth sentence imposed under the Youth Criminal Justice Act;

 Section 6 of the Act is amended by adding the following after subsection (7):

  • Marginal note:Transfer or committal to prison

    (7.1) When a prisoner is transferred from a youth custody facility to a prison under section 89, 92 or 93 of the Youth Criminal Justice Act or as the result of the application of section 743.5 of the Criminal Code, the prisoner is credited with full remission under this section for the portion of the sentence that the offender served in the youth custody facility as if that portion of the sentence had been served in a prison.

  • Marginal note:Exceptional date of release

    (7.2) When a prisoner who was sentenced to custody under paragraph 42(2)(o), (q) or (r) of the Youth Criminal Justice Act is transferred from a youth custody facility to a prison under section 92 or 93 of that Act, or is committed to imprisonment in a prison under section 89 of that Act, the prisoner is entitled to be released on the earlier of

    • (a) the date on which the prisoner is entitled to be released from imprisonment in accordance with subsection (5) of this section, and

    • (b) the date on which the custody portion of his or her youth sentence under paragraph 42(2)(o), (q) or (r) of the Youth Criminal Justice Act expires.

  • Marginal note:Effect of release

    (7.3) When a prisoner is committed or transferred in accordance with section 89, 92 or 93 of the Youth Criminal Justice Act and, in accordance with subsection (7.1) or (7.2) of this section, is entitled to be released,

    • (a) if the sentence was imposed under paragraph 42(2)(n) of that Act, sections 97 to 103 of that Act apply, with any modifications that the circumstances require, with respect to the remainder of his or her sentence; and

    • (b) if the sentence was imposed under paragraph 42(2)(o), (q) or (r) of that Act, sections 104 to 109 of that Act apply, with any modifications that the circumstances require, with respect to the remainder of his or her sentence.

 
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