Safe Streets and Communities Act (S.C. 2012, c. 1)
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Assented to 2012-03-13
PART 4YOUTH CRIMINAL JUSTICE
2002, c. 1Youth Criminal Justice Act
Amendments to the Act
186. Subsection 76(2) of the Act is replaced by the following:
Marginal note:Young person under age of 18
(2) No young person who is under the age of 18 years is to serve any portion of the imprisonment in a provincial correctional facility for adults or a penitentiary.
187. Section 81 of the Act is replaced by the following:
Marginal note:Procedure for application or notice
81. An application or a notice to the court under section 64 or 76 must be made or given orally, in the presence of the other party, or in writing with a copy served personally on the other party.
188. (1) Paragraph 82(1)(b) of the Act is replaced by the following:
(b) a youth justice court may consider the finding of guilt in considering an application under subsection 64(1) (application for adult sentence);
(2) Paragraph 82(4)(a) of the Act is repealed.
(3) Paragraph 82(4)(b) of the French version of the Act is replaced by the following:
b) de déterminer la peine applicable aux adultes à imposer.
189. Paragraph 110(2)(b) of the Act is replaced by the following:
(b) in a case where the information relates to a young person who has received a youth sentence for a violent offence and the youth justice court has ordered a lifting of the publication ban under subsection 75(2); and
190. Section 115 of the Act is amended by adding the following after subsection (1):
Marginal note:Extrajudicial measures
(1.1) The police force shall keep a record of any extrajudicial measures that they use to deal with young persons.
191. Paragraph 119(1)(o) of the French version of the Act is replaced by the following:
o) toute personne, pour vérifier l’existence d’un casier judiciaire dans le cas où la vérification est exigée par le gouvernement du Canada ou d’une province ou par une municipalité en matière de recrutement de personnel ou de bénévoles ou de fourniture de services;
192. Paragraphs 120(3)(a) and (b) of the Act are replaced by the following:
(a) if the offence is an indictable offence, other than an offence referred to in paragraph (b), the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and ending five years later; and
(b) if the offence is a serious violent offence for which the Attorney General has given notice under subsection 64(2) (intention to seek adult sentence), the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and continuing indefinitely.
193. Section 160 of the Act is repealed.
194. Section 162 of the Act is replaced by the following:
Marginal note:Commencement of proceedings
162. For the purposes of sections 158 and 159, proceedings are commenced by the laying of an information or indictment.
Transitional Provision
Marginal note:Offences committed before this section in force
195. Any person who, before the coming into force of this section, while he or she was a young person, committed an offence in respect of which no proceedings were commenced before that coming into force shall be dealt with under the Youth Criminal Justice Act as amended by this Part as if the offence occurred after that coming into force, except that
(a) the definition “violent offence” in subsection 2(1) of the Youth Criminal Justice Act, as enacted by subsection 167(3), does not apply in respect of the offence;
(b) paragraph 3(1)(a) of that Act, as enacted by subsection 168(1), does not apply in respect of the offence;
(c) paragraph 38(2)(f) of that Act, as enacted by section 172, does not apply in respect of the offence;
(d) paragraph 39(1)(c) of that Act, as enacted by section 173, does not apply in respect of the offence; and
(e) section 75 of that Act, as enacted by section 185, does not apply in respect of the offence.
Related Amendments
1992, c. 20Corrections and Conditional Release Act
Marginal note:2004, c. 21, s. 39
196. 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) a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act, and
(b) a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act;
197. Paragraphs 99(2)(a) and (b) of the Act are replaced by the following:
(a) any period during which the offender could be entitled to statutory release;
(b) in the case of a youth sentence imposed under the Youth Criminal Justice Act, the portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act; or
(c) any remission that stands to the credit of the offender on November 1, 1992.
R.S., c. P-20Prisons and Reformatories Act
Marginal note:2002, c. 1, s. 196(2)
198. The definition “sentence” in subsection 2(1) of the Prisons and Reformatories Act is replaced by the following:
“sentence”
« peine »
“sentence” includes a youth sentence imposed under the Youth Criminal Justice Act consisting of a custodial portion and a portion to be served under supervision in the community subject to conditions under paragraph 42(2)(n) of that Act or under conditional supervision under paragraph 42(2)(o), (q) or (r) of that Act.
Marginal note:1995, c. 42, s. 82(1)
199. (1) Subsection 6(1) of the Act is replaced by the following:
Marginal note:Remission
6. (1) Subject to subsection (7.2), every prisoner serving a sentence, other than a sentence on conviction for criminal or civil contempt of court where the sentence includes a requirement that the prisoner return to that court, shall be credited with 15 days of remission of the sentence in respect of each month and with a number of days calculated on a pro rata basis in respect of each incomplete month during which the prisoner has earned that remission by obeying prison rules and conditions governing temporary absence and by actively participating in programs, other than full parole, designed to promote prisoners’ rehabilitation and reintegration as determined in accordance with any regulations made by the lieutenant governor of the province in which the prisoner is imprisoned.
Marginal note:2002, c. 1, s. 197
(2) Subsections 6(7.1) and (7.2) of the Act are replaced by the following:
Marginal note:Transfer or committal to prison
(7.1) When a prisoner is transferred from a youth custody facility to a prison 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)(n), (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 date on which the custody portion of his or her youth sentence under paragraph 42(2)(n), (o), (q) or (r) of that Act expires.
Marginal note:2002, c. 1, s. 197
(3) The portion of subsection 6(7.3) of the Act before paragraph (a) is replaced by the following:
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 (7.2), is entitled to be released,
Consequential Amendments
R.S., c. C-46Criminal Code
Marginal note:2002, c. 1, s. 181
200. Paragraph 667(1)(a) of the Criminal Code is replaced by the following:
(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 conviction and sentence or finding of guilt and sentence in Canada of an offender 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, without proof of the signature or the official character of the person appearing to have signed the certificate, if it is signed by
(i) the person who made the conviction, order for the discharge or finding of guilt,
(ii) the clerk of the court in which the conviction, order for the discharge or finding of guilt was made, or
(iii) a fingerprint examiner;
Marginal note:1995, c. 42, par. 87(b)
201. Paragraph 746.1(2)(b) of the French version of the Act is replaced by the following:
b) de permission de sortir sans escorte sous le régime de cette loi ou de la Loi sur les prisons et les maisons de correction;
1998, c. 37DNA Identification Act
Marginal note:2005, c. 25, s. 19
202. Subsection 9.1(2) of the DNA Identification Act is replaced by the following:
Marginal note:Exception
(2) Section 9 nevertheless applies to information in the convicted offenders index in relation to
(a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or
(b) a record to which subsection 120(6) of that Act applies.
Marginal note:2005, c. 25, s. 21
203. Subsection 10.1(2) of the Act is replaced by the following:
Marginal note:Exception
(2) Subsections 10(6) and (7) nevertheless apply to the destruction of stored bodily substances of a young person that relate to
(a) a serious violent offence as defined in subsection 2(1) of the Youth Criminal Justice Act; or
(b) a record to which subsection 120(6) of that Act applies.
Coming into Force
Marginal note:Order in council
204. The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council.
PART 52001, c. 27IMMIGRATION AND REFUGEE PROTECTION ACT
Amendments to the Act
205. Paragraph 3(1)(h) of the Immigration and Refugee Protection Act is replaced by the following:
(h) to protect public health and safety and to maintain the security of Canadian society;
206. Section 30 of the Act is amended by adding the following after subsection (1):
Marginal note:Authorization
(1.1) An officer may, on application, authorize a foreign national to work or study in Canada if the foreign national meets the conditions set out in the regulations.
Marginal note:Instructions
(1.2) Despite subsection (1.1), the officer shall refuse to authorize the foreign national to work in Canada if, in the officer’s opinion, public policy considerations that are specified in the instructions given by the Minister justify such a refusal.
Marginal note:Concurrence of second officer
(1.3) In applying subsection (1.2), any refusal to give authorization to work in Canada requires the concurrence of a second officer.
Marginal note:Purpose
(1.4) The instructions shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.
Marginal note:Publication
(1.5) The instructions shall be published in the Canada Gazette.
Marginal note:Application
(1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada, including those that were filed before that day and for which a final decision has not been made.
Marginal note:Revocation
(1.7) The instructions cease to have effect on the day on which a notice of revocation is published in the Canada Gazette.
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