CHAPTER VProvisions Applicable to the Youth Division (continued)
DIVISION IIn Youth Protection Matters (continued)
§ 4 — Taking Under Advisement and Judgment (continued)
140 Order involving disclosure to a third party. When the execution of an order involves disclosure to a third party, the disclosure is made separately by the court and forwarded by the clerk in the form of an extract prepared by the judge.
§ 5 — Representation by a Lawyer
141 Consultation of a record by a lawyer. A lawyer who wishes to consult a record and who has not filed a document confirming his or her mandate must present to the clerk written authorization from the person or organization referred to in section 96 of the Youth Protection Act (chapter P-34.1).
§ 6 — Destruction of Records
142 Access to a record that is to be destroyed. Access to a record that is to be destroyed under the Youth Protection Act (chapter P-34.1) is prohibited from the time when the child reaches the age of 18, except if the time limit for appeal has not expired.
143 Destruction of the entry in the alphabetical index and register and of sound recordings. When the destruction of a record is provided for under the Youth Protection Act (chapter P-34.1), the entry in the alphabetical index and court register, the sound recording, any transcript of the recording, the stenographic notes and all the related information must be destroyed at the same time as the record.
144 Time limit for destruction. Records referred to in section 96 of the Youth Protection Act (chapter P-34.1) must, within 3 months of the date on which access to the records was prohibited, be transported to an appropriate place for incineration or shredding by two persons designated in writing by the clerk for that purpose.
145 Destruction procedure. The records must be incinerated or shredded in the presence of the two persons and the clerk, who draws up a report of the event.
146 Destruction report. The report of the destruction of the records must contain: the numbers or serial numbers of the records destroyed and the date, the place and the means used to destroy the records.
§ 7 — Change of District
147 Change of district. The clerk of the court before which an application is brought in accordance with the second paragraph of section 95.1 of the Youth Protection Act (chapter P-34.1) contacts the clerk of the district where it was originally brought in order to obtain a copy of the record.
DIVISION IIMatters of Adoption
§ 1 — General Provision
148 General provision. Sections 121 to 123, 125 to 128, 130, 133, 134, 137 to 140 of this Regulation, adapted as required, govern matters of adoption.
§ 2 — Records, Pleadings and Exhibits
149 Establishment of a child’s identity, date of birth and filiation. The birth certificate required must have been issued less than one year before it is filed.
150 Conservation of certain applications in the same record. Applications for an order of placement, for the revocation of an order of placement, and for adoption with respect to the same child, as well as any related pleadings, are kept in the same record.
All other applications and the related pleadings are kept in separate records.
151 Name on record. The given name and name proposed for the child must be entered on each record, along with the child’s original given name and name between parentheses if they are different.
In cases involving the recognition of a foreign judgment, the record is opened in the name of the child.
152 Conservation and withdrawal of exhibits. In accordance with the directive issued by the chief judge pursuant to article 108 of the Code of Civil Procedure (chapter C-25.01), exhibits are kept in the record beyond the one-year time limit. When a party wishes to withdraw an exhibit it has filed, the clerk returns the exhibit to the party and keeps a certified copy in the record.
153 Copy of judgment or certificate of attestation. Except if the court authorizes the parties to receive a copy of a judgment to be rendered, the clerk forwards to the parties a certificate attesting to any judgment judicially declaring a child eligible for adoption and to any order of placement or adoption judgment.
154 Foreign legislative and regulatory provisions. A party that invokes a foreign statute or regulation must provide a copy for the judge and the parties, and underline the relevant passages.
DIVISION IIIIn Matters of Youth Criminal Justice
§ 1 — General Provision
155 General provision. Sections 94 to 96, 98, 100 to 102, and 104 to 117 of this Regulation, adapted as required, apply.
§ 2 — Records, Pleadings and Exhibits
156 Opening of record. The clerk opens a record for each information laid against a young person, and all pleadings filed in the record must bear the full record number.
157 Exhibits. In addition to the rules set out in section 13 of this Regulation, the exhibits filed must bear the record number and a description of their nature. They must be identified using a code letter specific to each party, be numbered consecutively, and be accompanied by an inventory.
- The code letters are as follows:
P: the prosecution;
D: the defence;
DP: the provincial director;
PM: the parent(s).
The code letters are preceded by “VD-” for a voir dire, “EML-” for a release hearing and “EP-” for a preliminary inquiry
§ 3 — Rolls and Hearings
158 Separate roll. A separate roll for the hearing of cases in criminal and penal matters must be drawn up by the clerk. The clerk keeps the roll for each courtroom at the court office.
§ 4 — Appearance
159 Appearance. A lawyer appearing for a young person may do so at the hearing or by way of a written designation.
§ 5 — Applications
160 Written application. An application based on section 54(10) of the Youth Criminal Justice Act (S.C. 2002, c. 1) is made by way of a notice of inscription on the roll containing a brief summary of the nature of the application. The notice must be forwarded to the other party, unless it has waived notice, two clear days before it is presented.
An application for review based on section 59 or 94 of the Youth Criminal Justice Act (S.C. 2002, c. 1) must be in writing and give the reasons on which it is based, as well as the conclusions sought.
The court may, however, on grounds it considers justified, authorize a verbal application for a review on the basis of section 59 of the Youth Criminal Justice Act (S.C. 2002, c. 1) if the notice required by that section is sent within the required time or if the recipients have waived notice.
161 Time limit for service. When no time limit is set by law, every application must be served with notice of presentation of at least five clear days, unless an exemption is granted by the judge.
162 Application concerning completion of a sentence. Except in the case of an application made under section 54(10) of the Youth Criminal Justice Act (S.C. 2002, c. 1), every application made in connection with the completion of a sentence is submitted to the judge who imposed the sentence, except if the judge is absent or unable to act.
163 Application concerning custodial sentence. In every application under section 94, 95, 98, 103, 104 or 109 of the Youth Criminal Justice Act (S.C. 2002, c. 1) concerning a young person in custody after receiving custodial sentences in more than one judicial district, the pleading must list all the sentences covered by the application.
The application may be heard in any of the districts.
The party making the application must file in the court record a true copy of all the orders covered by the application.
A certified copy of the decision made following the examination must be filed in every record containing an order affected by the decision. The court office must forward a certified copy of the decision to the court office of all the districts where the orders affected by the decision were made.
§ 6 — Preparatory Hearing and Pre-hearing Conference
164 Preparatory hearing and pre-hearing conference. A preparatory hearing under section 536.4 of the Criminal Code (R.S.C. 1985, c. C-46) or a pre-hearing conference under section 625.1 of that Code is held on the date and at the time and place set by the judge.
§ 7 — Reports
165 Reports. Unless an exemption is granted by the judge, the reports required under the Youth Criminal Justice Act (S.C. 2002, c. 1) must be filed in the court record at least five days before the hearing.
The pre-sentence report from the provincial director is limited to a maximum of 10 pages, unless the judge decides otherwise because of exceptional circumstances. This application must be made in writing.
The documents must be laid out with at least single spacing and Arial 12 point typeface.
The clerk forwards a copy of the report to the persons designated by law, as soon as it is filed at the court office.
DIVISION IVIn Matters of Custody, Emancipation, Parental Authority and Tutorship
166 General provision. Sections 125 to 128, 130, 137 to 140 of this Regulation, adapted as required, apply to the matters covered by this Division.
167 Allegations concerning a current proceeding. When the court is seized of an application in a matter of adoption or youth protection, a party applying for custody, emancipation, the exercise of an attribute of parental authority or tutorship of the child concerned must, in its allegations, mention any current proceedings.
168 Separate case. An application based on the third paragraph of article 37 of the Code of Civil Procedure (chapter C-25.01) must be made in a separate case from the youth protection case or adoption case concerning the child notwithstanding the court’s decision to proceed by way of a joint inquiry.
CHAPTER VIFinal Provisions
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