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

Marginal note:No subsequent disclosure

129 No person who is given access to a record or to whom information is disclosed under this Act shall disclose that information to any other person unless the disclosure is authorized under this Act.

PART 7General Provisions

Disqualification of Judge

Marginal note:Disqualification of judge

• 130 (1) Subject to subsection (2), a youth justice court judge who, prior to an adjudication in respect of a young person charged with an offence, examines a pre-sentence report made in respect of the young person in connection with that offence or has, after a guilty plea or a finding of guilt, heard submissions as to sentence and then there has been a change of plea, shall not in any capacity conduct or continue the trial of the young person for the offence and shall transfer the case to another judge to be dealt with according to law.

• Marginal note:Exception

  (2) A youth justice court judge may, in the circumstances referred to in subsection (1), with the consent of the young person and the prosecutor, conduct or continue the trial of the young person if the judge is satisfied that he or she has not been predisposed by a guilty plea or finding of guilt, or by information contained in the pre-sentence report or submissions as to sentence.

Substitution of Judge

Marginal note:Powers of substitute youth justice court judge

• 131 (1) A youth justice court judge who acts in the place of another youth justice court judge under subsection 669.2(1) (continuation of proceedings) of the Criminal Code shall

  • (a) if an adjudication has been made, proceed to sentence the young person or make the order that, in the circumstances, is authorized by law; or

  • (b) if no adjudication has been made, recommence the trial as if no evidence had been taken.

• Marginal note:Transcript of evidence already given

  (2) A youth justice court judge who recommences a trial under paragraph (1)(b) may, if the parties consent, admit into evidence a transcript of any evidence already given in the case.

Exclusion from Hearing

Marginal note:Exclusion from hearing

• 132 (1) Subject to subsection (2), a court or justice before whom proceedings are carried out under this Act may exclude any person from all or part of the proceedings if the court or justice considers that the person’s presence is unnecessary to the conduct of the proceedings and the court or justice is of the opinion that

  • (a) any evidence or information presented to the court or justice would be seriously injurious or seriously prejudicial to

    • (i) the young person who is being dealt with in the proceedings,

    • (ii) a child or young person who is a witness in the proceedings, or

    • (iii) a child or young person who is aggrieved by or the victim of the offence charged in the proceedings; or

  • (b) it would be in the interest of public morals, the maintenance of order or the proper administration of justice to exclude any or all members of the public from the court room.

• Marginal note:Exception

  (2) Subject to section 650 (accused to be present) of the Criminal Code and except if it is necessary for the purposes of subsection 34(9) (nondisclosure of medical or psychological report) of this Act, a court or justice may not, under subsection (1), exclude from proceedings under this Act

  • (a) the prosecutor;

  • (b) the young person who is being dealt with in the proceedings, the counsel or a parent of the young person or any adult assisting the young person under subsection 25(7);

  • (c) the provincial director or his or her agent; or

  • (d) the youth worker to whom the young person’s case has been assigned.

• Marginal note:Exclusion after adjudication or during review

  (3) A youth justice court, after it has found a young person guilty of an offence, or a youth justice court or a review board, during a review, may, in its discretion, exclude from the court or from a hearing of the review board any person other than the following, when it is being presented with information the knowledge of which might, in its opinion, be seriously injurious or seriously prejudicial to the young person:

  • (a) the young person or his or her counsel;

  • (b) the provincial director or his or her agent;

  • (c) the youth worker to whom the young person’s case has been assigned; and

  • (d) the Attorney General.

• Marginal note:Exception

  (4) The exception set out in paragraph (3)(a) is subject to subsection 34(9) (nondisclosure of medical or psychological report) of this Act and section 650 (accused to be present) of the Criminal Code.

Transfer of Charges

Marginal note:Transfer of charges

133 Despite subsections 478(1) and (3) of the Criminal Code, a young person charged with an offence that is alleged to have been committed in one province may, if the Attorney General of the province consents, appear before a youth justice court of any other province and

• (a) if the young person pleads guilty to that offence and the youth justice court is satisfied that the facts support the charge, the court shall find the young person guilty of the offence alleged in the information or indictment; and

• (b) if the young person pleads not guilty to that offence, or pleads guilty but the court is not satisfied that the facts support the charge, the young person shall, if he or she was detained in custody prior to the appearance, be returned to custody and dealt with according to law.

Forfeiture of Recognizances

Marginal note:Applications for forfeiture

134 Applications for the forfeiture of amounts set out in undertakings, release orders or recognizances binding young persons shall be made to the youth justice court.

Marginal note:Proceedings in case of default

• 135 (1) If an undertaking, release order or recognizance binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code, a youth justice court judge shall

  • (a) on the request of the Attorney General, fix a time and place for the hearing of an application for the forfeiture of the amount set out in the undertaking, release order or recognizance; and

  • (b) after fixing a time and place for the hearing, cause to be sent by confirmed delivery service, not less than 10 days before the time so fixed, to each principal and surety named in the undertaking, release order or recognizance, directed to their latest known address, a notice requiring them to appear at the time and place fixed by the judge to show cause why the amount set out in the undertaking, release order or recognizance should not be forfeited.

• Marginal note:Order for forfeiture

  (2) When subsection (1) is complied with, the youth justice court judge may, after giving the parties an opportunity to be heard, in the judge’s discretion grant or refuse the application and make any order with respect to the forfeiture of the amount that the judge considers proper.

• Marginal note:Judgment debtors of the Crown

  (3) If, under subsection (2), a youth justice court judge orders the forfeiture of the amount, the principal and their sureties become judgment debtors of the Crown, each in the amount that the judge orders them to pay.

• Marginal note:Order may be filed

  (4) An order made under subsection (2) may be filed with the clerk of the superior court or, in the province of Quebec, the prothonotary and, if an order is filed, the clerk or the prothonotary shall issue a writ of fieri facias in Form 34 set out in the Criminal Code and deliver it to the sheriff of each of the territorial divisions in which any of the principal and his or her sureties resides, carries on business or has property.

• Marginal note:If a deposit has been made

  (5) If a deposit has been made by a person against whom an order for forfeiture has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it.

• Marginal note:Subsections 770(2) and (4) of Criminal Code do not apply

  (6) Subsections 770(2) (transmission to clerk of the court) and (4) (transmission of deposit) of the Criminal Code do not apply in respect of proceedings under this Act.

• Marginal note:Sections 772 and 773 of Criminal Code apply

  (7) Sections 772 (levy under writ) and 773 (committal when writ not satisfied) of the Criminal Code apply in respect of writs of fieri facias issued under this section as if they were issued under section 771 (proceedings in case of default) of that Act.

Offences and Punishment

Marginal note:Inducing a young person, etc.

• 136 (1) Every person who

  • (a) induces or assists a young person to leave unlawfully a place of custody or other place in which the young person has been placed in accordance with a youth sentence or a disposition imposed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

  • (b) unlawfully removes a young person from a place referred to in paragraph (a),

  • (c) knowingly harbours or conceals a young person who has unlawfully left a place referred to in paragraph (a),

  • (d) wilfully induces or assists a young person to breach or disobey a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or

  • (e) wilfully prevents or interferes with the performance by a young person of a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

  is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.

• Marginal note:Absolute jurisdiction of provincial court judge

  (2) The jurisdiction of a provincial court judge to try an adult charged with an indictable offence under this section is absolute and does not depend on the consent of the accused.

Marginal note:Failure to comply with sentence or disposition

137 Every person who is subject to a youth sentence imposed under any of paragraphs 42(2)(c) to (m) or (s) of this Act, to a victim fine surcharge ordered under subsection 53(2) of this Act or to a disposition made under any of paragraphs 20(1)(a.1) to (g), (j) or (l) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and who wilfully fails or refuses to comply with that sentence, surcharge or disposition is guilty of an offence punishable on summary conviction.

Marginal note:Offences

• 138 (1) Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or 46(1) (prohibition against disclosure) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Provincial court judge has absolute jurisdiction on indictment

  (2) The jurisdiction of a provincial court judge to try an adult charged with an offence under paragraph (1)(a) is absolute and does not depend on the consent of the accused.

Marginal note:Offence and punishment

• 139 (1) Every person who wilfully fails to comply with section 30 (designated place of temporary detention), or with an undertaking entered into under subsection 31(3) (condition of placement),

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Offence and punishment

  (2) Every person who wilfully fails to comply with section 7 (designated place of temporary detention) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or with an undertaking entered into under subsection 7.1(2) (condition of placement) of that Act is guilty of an offence punishable on summary conviction.

• Marginal note:Punishment

  (3) Any person who uses or authorizes the use of an application form in contravention of subsection 82(3) (application for employment) is guilty of an offence punishable on summary conviction.

Application of Criminal Code

Marginal note:Application of Criminal Code

140 Except to the extent that it is inconsistent with or excluded by this Act, the provisions of the Criminal Code apply, with any modifications that the circumstances require, in respect of offences alleged to have been committed by young persons.

Marginal note:Sections of Criminal Code applicable

• 141 (1) Except to the extent that they are inconsistent with or excluded by this Act, section 16 (defence of mental disorder) and Part XX.1 (mental disorder) of the Criminal Code apply, with any modifications that the circumstances require, in respect of proceedings under this Act in relation to offences alleged to have been committed by young persons.

• Marginal note:Notice and copies to counsel and parents

  (2) For the purposes of subsection (1),

  • (a) wherever in Part XX.1 (mental disorder) of the Criminal Code a reference is made to a copy to be sent or otherwise given to an accused or a party to the proceedings, the reference shall be read as including a reference to a copy to be sent or otherwise given to

    • (i) any counsel representing the young person,

    • (ii) a parent of the young person who is in attendance at the proceedings against the young person, and

    • (iii) a parent of the young person not in attendance at the proceedings who is, in the opinion of the youth justice court or Review Board, taking an active interest in the proceedings; and

  • (b) wherever in Part XX.1 (mental disorder) of the Criminal Code a reference is made to notice to be given to an accused or a party to proceedings, the reference shall be read as including a reference to notice to be given to a parent of the young person and any counsel representing the young person.

• Marginal note:Proceedings not invalid

  (3) Subject to subsection (4), failure to give a notice referred to in paragraph (2)(b) to a parent of a young person does not affect the validity of proceedings under this Act.

• Marginal note:Exception

  (4) Failure to give a notice referred to in paragraph (2)(b) to a parent of a young person in any case renders invalid any subsequent proceedings under this Act relating to the case unless

  • (a) a parent of the young person attends at the court or Review Board with the young person; or

  • (b) a youth justice court judge or Review Board before whom proceedings are held against the young person

    • (i) adjourns the proceedings and orders that the notice be given in the manner and to the persons that the judge or Review Board directs, or

    • (ii) dispenses with the notice if the youth justice court or Review Board is of the opinion that, having regard to the circumstances, the notice may be dispensed with.

• (5) [Repealed, 2005, c. 22, s. 63]

• Marginal note:Considerations of court or Review Board making a disposition

  (6) Before making or reviewing a disposition in respect of a young person under Part XX.1 (mental disorder) of the Criminal Code, a youth justice court or Review Board shall consider the age and special needs of the young person and any representations or submissions made by a parent of the young person.

• (7) to (9) [Repealed, 2005, c. 22, s. 63]

• Marginal note:Prima facie case to be made every year

  (10) For the purpose of applying subsection 672.33(1) (fitness to stand trial) of the Criminal Code to proceedings under this Act in relation to an offence alleged to have been committed by a young person, wherever in that subsection a reference is made to two years, there shall be substituted a reference to one year.

• Marginal note:Designation of hospitals for young persons

  (11) A reference in Part XX.1 (mental disorder) of the Criminal Code to a hospital in a province shall be construed as a reference to a hospital designated by the Minister of Health for the province for the custody, treatment or assessment of young persons.

• Definition of Review Board

  (12) In this section, Review Board has the meaning assigned by section 672.1 of the Criminal Code.