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

Marginal note:Annual review

• 94 (1) When a young person is committed to custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r) for a period exceeding one year, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court without delay at the end of one year from the date of the most recent youth sentence imposed in respect of the offence — and at the end of every subsequent year from that date — and the youth justice court shall review the youth sentence.

• Marginal note:Annual review

  (2) When a young person is committed to custody pursuant to youth sentences imposed under paragraph 42(2)(n), (o), (q) or (r) in respect of more than one offence for a total period exceeding one year, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court without delay at the end of one year from the date of the earliest youth sentence imposed — and at the end of every subsequent year from that date — and the youth justice court shall review the youth sentences.

• Marginal note:Optional review

  (3) When a young person is committed to custody pursuant to a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) in respect of an offence, the provincial director may, on the provincial director’s own initiative, and shall, on the request of the young person, the young person’s parent or the Attorney General, on any of the grounds set out in subsection (6), cause the young person to be brought before a youth justice court to review the youth sentence,

  • (a) when the youth sentence is for a period not exceeding one year, once at any time after the expiry of the greater of

    • (i) thirty days after the date of the youth sentence imposed under subsection 42(2) in respect of the offence, and

    • (ii) one third of the period of the youth sentence imposed under subsection 42(2) in respect of the offence; and

  • (b) when the youth sentence is for a period exceeding one year, at any time after six months after the date of the most recent youth sentence imposed in respect of the offence.

• Marginal note:Time for optional review

  (4) The young person may be brought before the youth justice court at any other time, with leave of the youth justice court judge.

• Marginal note:Review

  (5) If a youth justice court is satisfied that there are grounds for review under subsection (6), the court shall review the youth sentence.

• Marginal note:Grounds for review

  (6) A youth sentence imposed in respect of a young person may be reviewed under subsection (5)

  • (a) on the ground that the young person has made sufficient progress to justify a change in the youth sentence;

  • (b) on the ground that the circumstances that led to the youth sentence have changed materially;

  • (c) on the ground that new services or programs are available that were not available at the time of the youth sentence;

  • (d) on the ground that the opportunities for rehabilitation are now greater in the community; or

  • (e) on any other ground that the youth justice court considers appropriate.

• Marginal note:No review if appeal pending

  (7) Despite any other provision of this section, no review of a youth sentence in respect of which an appeal has been taken shall be made under this section until all proceedings in respect of any such appeal have been completed.

• Marginal note:Youth justice court may order appearance of young person for review

  (8) When a provincial director is required under subsections (1) to (3) to cause a young person to be brought before the youth justice court and fails to do so, the youth justice court may, on application made by the young person, his or her parent or the Attorney General, or on its own motion, order the provincial director to cause the young person to be brought before the youth justice court.

• Marginal note:Progress report

  (9) The youth justice court shall, before reviewing under this section a youth sentence imposed in respect of a young person, require the provincial director to cause to be prepared, and to submit to the youth justice court, a progress report on the performance of the young person since the youth sentence took effect.

• Marginal note:Additional information in progress report

  (10) A person preparing a progress report in respect of a young person may include in the report any information relating to the personal and family history and present environment of the young person that he or she considers advisable.

• Marginal note:Written or oral report

  (11) A progress report shall be in writing unless it cannot reasonably be committed to writing, in which case it may, with leave of the youth justice court, be submitted orally in court.

• Marginal note:Subsections 40(4) to (10) to apply

  (12) Subsections 40(4) to (10) (procedures respecting pre-sentence reports) apply, with any modifications that the circumstances require, in respect of progress reports.

• Marginal note:Notice of review from provincial director

  (13) When a youth sentence imposed in respect of a young person is to be reviewed under subsection (1) or (2), the provincial director shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General.

• Marginal note:Notice of review from person requesting it

  (14) When a review of a youth sentence imposed in respect of a young person is requested under subsection (3), the person requesting the review shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General.

• Marginal note:Statement of right to counsel

  (15) A notice given to a parent under subsection (13) or (14) shall include a statement that the young person whose youth sentence is to be reviewed has the right to be represented by counsel.

• Marginal note:Service of notice

  (16) A notice under subsection (13) or (14) may be served personally or may be sent by confirmed delivery service.

• Marginal note:Notice may be waived

  (17) Any of the persons entitled to notice under subsection (13) or (14) may waive the right to that notice.

• Marginal note:If notice not given

  (18) If notice under subsection (13) or (14) is not given in accordance with this section, the youth justice court may

  • (a) adjourn the proceedings and order that the notice be given in the manner and to the persons that it directs; or

  • (b) dispense with the notice if, in the opinion of the court, having regard to the circumstances, notice may be dispensed with.

• Marginal note:Decision of the youth justice court after review

  (19) When a youth justice court reviews under this section a youth sentence imposed in respect of a young person, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard, having regard to the needs of the young person and the interests of society,

  • (a) confirm the youth sentence;

  • (b) release the young person from custody and place the young person under conditional supervision in accordance with the procedure set out in section 105, with any modifications that the circumstances require, for a period not exceeding the remainder of the youth sentence that the young person is then serving; or

  • (c) if the provincial director so recommends, convert a youth sentence under paragraph 42(2)(r) to a youth sentence under paragraph 42(2)(q) if the offence was murder or to a youth sentence under paragraph 42(2)(n) or (o), as the case may be, if the offence was an offence other than murder.

Marginal note:Orders are youth sentences

95 Orders under subsections 97(2) (conditions) and 98(3) (continuation of custody), paragraph 103(2)(b) (continuation of custody), subsections 104(1) (continuation of custody) and 105(1) (conditional supervision) and paragraph 109(2)(b) (continuation of suspension of conditional supervision) are deemed to be youth sentences for the purposes of section 94 (reviews).

Marginal note:Recommendation of provincial director for conditional supervision of young person

• 96 (1) When a young person is held in custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the provincial director may, if satisfied that the needs of the young person and the interests of society would be better served by doing so, make a recommendation to the youth justice court that the young person be released from custody and placed under conditional supervision.

• Marginal note:Notice

  (2) If the provincial director makes a recommendation, the provincial director shall cause a notice to be given in writing that includes the reasons for the recommendation and the conditions that the provincial director would recommend be set under section 105 to the young person, a parent of the young person and the Attorney General and give a copy of the notice to the youth justice court.

• Marginal note:Application to court for review of recommendation

  (3) If notice of a recommendation is made under subsection (2) with respect to a youth sentence imposed on a young person, the youth justice court shall, if an application for review is made by the young person, the young person’s parent or the Attorney General within ten days after service of the notice, review the youth sentence without delay.

• Marginal note:Subsections 94(7), (9) to (12) and (14) to (19) apply

  (4) Subject to subsection (5), subsections 94(7) (no review of appeal pending), (9) to (12) (progress reports) and (14) to (19) (provisions respecting notice and decision of the youth justice court) apply, with any modifications that the circumstances require, in respect of reviews made under this section and any notice required under subsection 94(14) shall also be given to the provincial director.

• Marginal note:If no application for review made under subsection (3)

  (5) A youth justice court that receives a notice under subsection (2) shall, if no application for a review is made under subsection (3),

  • (a) order the release of the young person and place the young person under conditional supervision in accordance with section 105, having regard to the recommendations of the provincial director; or

  • (b) if the court considers it advisable, order that the young person not be released.

  For greater certainty, an order under this subsection may be made without a hearing.

• Marginal note:Notice when no release ordered

  (6) When a youth justice court orders that the young person not be released under paragraph (5)(b), it shall cause a notice of its order to be given to the provincial director without delay.

• Marginal note:Provincial director may request review

  (7) When the provincial director is given a notice under subsection (6), he or she may request a review under this section.

• Marginal note:When provincial director requests a review

  (8) When the provincial director requests a review under subsection (7),

  • (a) the provincial director shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General; and

  • (b) the youth justice court shall review the youth sentence without delay after the notice required under paragraph (a) is given.

Marginal note:Conditions to be included in custody and supervision order

• 97 (1) Every youth sentence imposed under paragraph 42(2)(n) shall contain the following conditions, namely, that the young person, while serving the portion of the youth sentence under supervision in the community,

  • (a) keep the peace and be of good behaviour;

  • (b) report to the provincial director and then be under the supervision of the provincial director;

  • (c) inform the provincial director immediately on being arrested or questioned by the police;

  • (d) report to the police, or any named individual, as instructed by the provincial director;

  • (e) advise the provincial director of the young person’s address of residence and report immediately to the provincial director any change

    • (i) in that address,

    • (ii) in the young person’s normal occupation, including employment, vocational or educational training and volunteer work,

    • (iii) in the young person’s family or financial situation, and

    • (iv) that may reasonably be expected to affect the young person’s ability to comply with the conditions of the sentence; and

  • (f) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized in writing by the provincial director for the purposes of the young person participating in a program specified in the authorization.

• Marginal note:Other conditions

  (2) The provincial director may set additional conditions that support and address the needs of the young person, promote the reintegration of the young person into the community and offer adequate protection to the public from the risk that the young person might otherwise present. The provincial director shall, in setting the conditions, take into account the needs of the young person, the most effective programs for the young person in order to maximize his or her chances for reintegration into the community, the nature of the offence and the ability of the young person to comply with the conditions.

• Marginal note:Communication of conditions

  (3) The provincial director shall

  • (a) cause the conditions to be read by or to the young person bound by them;

  • (b) explain or cause to be explained to the young person the purpose and effect of the conditions, and confirm that the young person understands them; and

  • (c) cause a copy of the conditions to be given to the young person, and to a parent of the young person.

• Marginal note:Provisions to apply

  (4) Subsections 56(3) (endorsement of order by young person) and (4) (validity of order) apply, with any modifications that the circumstances require, in respect of conditions under this section.

Marginal note:Application for continuation of custody

• 98 (1) Within a reasonable time before the expiry of the custodial portion of a young person’s youth sentence, the Attorney General or the provincial director may apply to the youth justice court for an order that the young person remain in custody for a period not exceeding the remainder of the youth sentence.

• Marginal note:Continuation of custody

  (2) If the hearing for an application under subsection (1) cannot be completed before the expiry of the custodial portion of the youth sentence, the court may order that the young person remain in custody pending the determination of the application if the court is satisfied that the application was made in a reasonable time, having regard to all the circumstances, and that there are compelling reasons for keeping the young person in custody.

• Marginal note:Decision

  (3) The youth justice court may, after giving both parties and a parent of the young person an opportunity to be heard, order that a young person remain in custody for a period not exceeding the remainder of the youth sentence, if it is satisfied that there are reasonable grounds to believe that

  • (a) the young person is likely to commit a serious violent offence before the expiry of the youth sentence he or she is then serving; and

  • (b) the conditions that would be imposed on the young person if he or she were to serve a portion of the youth sentence in the community would not be adequate to prevent the commission of the offence.

• Marginal note:Factors

  (4) For the purpose of determining an application under subsection (1), the youth justice court shall take into consideration any factor that is relevant to the case of the young person, including

  • (a) evidence of a pattern of persistent violent behaviour and, in particular,

    • (i) the number of offences committed by the young person that caused physical or psychological harm to any other person,

    • (ii) the young person’s difficulties in controlling violent impulses to the point of endangering the safety of any other person,

    • (iii) the use of weapons in the commission of any offence,

    • (iv) explicit threats of violence,

    • (v) behaviour of a brutal nature associated with the commission of any offence, and

    • (vi) a substantial degree of indifference on the part of the young person as to the reasonably foreseeable consequences, to other persons, of the young person’s behaviour;

  • (b) psychiatric or psychological evidence that a physical or mental illness or disorder of the young person is of such a nature that the young person is likely to commit, before the expiry of the youth sentence the young person is then serving, a serious violent offence;

  • (c) reliable information that satisfies the youth justice court that the young person is planning to commit, before the expiry of the youth sentence the young person is then serving, a serious violent offence;

  • (d) the availability of supervision programs in the community that would offer adequate protection to the public from the risk that the young person might otherwise present until the expiry of the youth sentence the young person is then serving;

  • (e) whether the young person is more likely to reoffend if he or she serves his or her youth sentence entirely in custody without the benefits of serving a portion of the youth sentence in the community under supervision; and

  • (f) evidence of a pattern of committing violent offences while he or she was serving a portion of a youth sentence in the community under supervision.