Y-1 As it read on 2003-04-01

Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Criminal Code.

In this Act,

This Act shall be liberally construed to the end that young persons will be dealt with in accordance with the principles set out in subsection (1).

It is hereby recognized and declared that

Subject to subsection (4), nothing in this section shall be construed to prevent any person from laying an information, obtaining the issue or confirmation of any process or proceeding with the prosecution of any offence in accordance with law.

The use of alternative measures in respect of a young person alleged to have committed an offence is not a bar to proceedings against him under this Act, but

No admission, confession or statement accepting responsibility for a given act or omission made by a young person alleged to have committed an offence as a condition of his being dealt with by alternative measures shall be admissible in evidence against him in any civil or criminal proceedings.

Alternative measures shall not be used to deal with a young person alleged to have committed an offence if the young person

Alternative measures may be used to deal with a young person alleged to have committed an offence instead of judicial proceedings under this Act only if

A youth court is a court of record.

A youth court judge, for the purpose of carrying out the provisions of this Act, is a justice and a provincial court judge and has the jurisdiction and powers of a summary conviction court under the Criminal Code.

Proceedings commenced under this Act against a young person may be continued, after he becomes an adult, in all respects as if he remained a young person.

No proceedings in respect of an offence shall be commenced under this Act after the expiration of the time limit set out in any other Act of Parliament or any regulation made thereunder for the institution of proceedings in respect of that offence.

Notwithstanding any other Act of Parliament but subject to the National Defence Act and section 16, a youth court has exclusive jurisdiction in respect of any offence alleged to have been committed by a person while he was a young person and any such person shall be dealt with as provided in this Act.

In any province for which the Lieutenant Governor in Council has designated a person or a group of persons who may determine the place where a young person who has been arrested may be detained in accordance with this section, no young person may be so detained in a place other than the one so determined.

In any province for which the Lieutenant Governor in Council has designated a person or a group of persons whose authorization is required, either in all circumstances or in circumstances specified by the Lieutenant Governor in Council, before a young person who has been arrested may be detained in accordance with this section, no young person shall be so detained unless the authorization is obtained.

Subsections (1) and (2) do not apply in respect of any temporary restraint of a young person under the supervision and control of a peace officer after arrest, but a young person who is so restrained shall be transferred to a place of temporary detention referred to in subsection (1) as soon as is reasonably practicable, and in no case later than the first reasonable opportunity after the appearance of the young person before a youth court judge or a justice pursuant to section 503 of the Criminal Code.

A young person who is detained in custody in accordance with subsection (1) may, during the period of detention, be transferred by the provincial director from one place of temporary detention to another.

A young person referred to in subsection (1) shall be held separate and apart from any adult who is detained or held in custody unless a youth court judge or a justice is satisfied that

A young person who is detained in a place of temporary detention pursuant to subsection (1) may, in the course of being transferred from that place to the court or from the court to that place, be held under the supervision and control of a peace officer.

A young person who is

Where a young person is arrested pursuant to a warrant issued under paragraph (4)(b), the young person shall be taken before a youth court judge or justice forthwith and dealt with under section 515 of the Criminal Code.

Where a youth court judge or a justice is satisfied that a young person should not remain in the custody of the person in whose care he was placed under subsection (1), the youth court judge or justice shall

Where a young person has been placed in the care of a person under subsection (1) and

A young person shall not be placed in the care of a person under subsection (1) unless

Where a youth court judge or a justice is satisfied that

A decision made by a youth court judge under subsection (8) may be reviewed in accordance with section 680 of the Criminal Code and that section applies, with such modifications as the circumstances require, to any decision so made.

Where a young person against whom proceedings have been taken under this Act is charged with an offence referred to in section 522 of the Criminal Code, a youth court judge, but no other court, judge or justice, may release the young person from custody under that section.

No application may be made under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a justice who is not a youth court judge.

Despite subsection (6), an application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth court judge who is a judge of the Nunavut Court of Justice shall be made to a judge of that court.

An application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth court judge who is a judge of a superior, county or district court shall be made to a judge of the court of appeal.

The requirement for a notice under subsection (3) or (4) may be waived by the prosecutor or by the young person or his counsel, as the case may be.

An application under subsection (2) for detention in custody shall not be heard unless the prosecutor has given the young person at least two clear days notice in writing of the application.

An application under subsection (2) for release from custody shall not be heard unless the young person has given the prosecutor at least two clear days notice in writing of the application.

Where an order is made under section 515 of the Criminal Code in respect of a young person by a justice who is not a youth court judge, an application may, at any time after the order is made, be made to a youth court for the release from or detention in custody of the young person, as the case may be, and the youth court shall hear the matter as an original application.

[Repealed, R.S., 1985, c. 24 (2nd Supp.), s. 6]

[Repealed, R.S., 1985, c. 24 (2nd Supp.), s. 7]

Where there has been a failure to give a notice under subsection (1) in accordance with this section and none of the persons to whom such notice may be given attends court with a young person, a youth court judge or a justice before whom proceedings are held against the young person may

Failure to give notice under subsection (2) in accordance with this section in any case renders invalid any subsequent proceedings under this Act relating to the case unless

Subject to subsections (9) and (10), failure to give notice in accordance with this section does not affect the validity of proceedings under this Act.

Subject to subsections (9) and (10), a notice under this section given in writing may be served personally or may be sent by mail.

Any notice under this section shall, in addition to any other requirements under this section, include

Where doubt exists as to the person to whom a notice under this section should be given, a youth court judge or, where a youth court judge is, having regard to the circumstances, not reasonably available, a justice may give directions as to the person to whom the notice should be given, and a notice given in accordance with those directions is sufficient notice for the purposes of this section.

Where a young person described in paragraph (3)(a), (b) or (c) is married, a notice under this section may be given to the spouse of the young person instead of a parent.

Where the whereabouts of the parents of a young person

Subject to subsections (3) and (4), where a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or appearance notice, or, where a young person is released on giving his promise to appear or entering into a recognizance, the officer in charge, shall, as soon as possible, give or cause to be given, in writing, to a parent of the young person notice of the summons, appearance notice, promise to appear or recognizance.

Subject to subsections (3) and (4), where a young person is arrested and detained in custody pending his appearance in court, the officer in charge at the time the young person is detained shall, as soon as possible, give or cause to be given, orally or in writing, to a parent of the young person notice of the arrest stating the place of detention and the reason for the arrest.

[Repealed, R.S., 1985, c. 24 (2nd Supp.), s. 8]

If a parent who is ordered to attend a youth court pursuant to subsection (1) does not attend at the time and place named in the order or fails to remain in attendance as required and it is proved that a copy of the order was served on the parent, a youth court may issue a warrant to compel the attendance of the parent.

Section 10 of the Criminal Code applies where a person is convicted of contempt of court under subsection (3).

A parent who is ordered to attend a youth court pursuant to subsection (1) and who fails without reasonable excuse, the proof of which lies on that parent, to comply with the order

A copy of any order made under subsection (1) shall be served by a peace officer or by a person designated by a youth court by delivering it personally to the parent to whom it is directed, unless the youth court authorizes service by registered mail.

Where a parent does not attend proceedings before a youth court in respect of a young person, the court may, if in its opinion the presence of the parent is necessary or in the best interest of the young person, by order in writing require the parent to attend at any stage of the proceedings.

A statement that a young person has the right to be represented by counsel shall be included in

In any case where it appears to a youth court judge or a justice that the interests of a young person and his parents are in conflict or that it would be in the best interest of the young person to be represented by his own counsel, the judge or justice shall ensure that the young person is represented by counsel independent of his parents.

Where a young person is not represented by counsel at his trial or at a hearing or review referred to in subsection (3), the justice before whom or the youth court or review board before which the proceedings are held may, on the request of the young person, allow the young person to be assisted by an adult whom the justice, court or review board considers to be suitable.

Where a young person at a hearing before a justice who is not a youth court judge at which it will be determined whether to release the young person or detain him in custody prior to disposition of his case wishes to obtain counsel but is unable to do so, the justice shall

Where a direction is made under paragraph (4)(b) in respect of a young person, the Attorney General of the province in which the direction is made shall appoint counsel, or cause counsel to be appointed, to represent the young person.

Where a young person at his trial or at a hearing or review referred to in subsection (3) wishes to obtain counsel but is unable to do so, the youth court before which the hearing, trial or review is held or the review board before which the review is held

Where a young person is not represented by counsel

Every young person who is arrested or detained shall, forthwith on his arrest or detention, be advised by the arresting officer or the officer in charge, as the case may be, of his right to be represented by counsel and shall be given an opportunity to obtain counsel.

A young person has the right to retain and instruct counsel without delay, and to exercise that right personally, at any stage of proceedings against the young person and prior to and during any consideration of whether, instead of commencing or continuing judicial proceedings against the young person under this Act, to use alternative measures to deal with the young person.

Where the youth court is not satisfied that a young person understands the matters referred to in subsection (3.1), the court shall direct that the young person be represented by counsel.

Where the youth court is not satisfied that a young person understands the charge against the young person, as required under paragraph (3)(a), the court shall enter a plea of not guilty on behalf of the young person and shall proceed with the trial in accordance with subsection 19(2) or, with respect to proceedings in Nunavut, subsection 19.1(2).

Where a young person is a young person referred to in subsection 16(1.01) and is not represented in youth court by counsel, the youth court shall satisfy itself that the young person understands

Where a young person is not represented in youth court by counsel, the youth court shall, before accepting a plea,

A young person may waive the requirement under paragraph (1)(a) where the young person is represented by counsel.

A young person against whom an information is laid must first appear before a youth court judge or a justice, and the judge or justice shall

[Repealed, R.S., 1985, c. 24 (2nd Supp.), s. 10]

In this section, “qualified person” means a person duly qualified by provincial law to practice medicine or psychiatry or to carry out psychological examinations or assessments, as the circumstances require, or, where no such law exists, a person who is, in the opinion of the youth court, so qualified, and includes a person or a person within a class of persons designated by the Lieutenant Governor in Council of a province or his delegate.

Notwithstanding any other provision of this Act, a qualified person who is of the opinion that a young person held in detention or committed to custody is likely to endanger his own life or safety or to endanger the life of, or cause bodily harm to, another person may immediately so advise any person who has the care and custody of the young person whether or not the same information is contained in a report made pursuant to subsection (1).

A report made pursuant to subsection (1) shall form part of the record of the case in respect of which it was requested.

Notwithstanding subsection (7), the youth court may release all or part of the report referred to in that subsection to the young person, the young person’s parents or the private prosecutor where the interests of justice make disclosure essential in the court’s opinion.

A youth court shall withhold all or part of a report made in respect of a young person pursuant to subsection (1) from the young person, the young person’s parents or a private prosecutor where the court is satisfied, on the basis of the report or evidence given in the absence of the young person, parents or private prosecutor by the person who made the report, that disclosure of all or part of the report would seriously impair the treatment or recovery of the young person, or would be likely to endanger the life or safety of, or result in serious psychological harm to, another person.

A youth court shall withhold all or part of a report made in respect of a young person pursuant to subsection (1) from a private prosecutor, where disclosure of the report or part, in the opinion of the court, is not necessary for the prosecution of the case and might be prejudicial to the young person.

Where a report is made in respect of a young person pursuant to subsection (1), the young person, his counsel or the adult assisting him pursuant to subsection 11(7) and the prosecutor shall, subject to subsection (6), on application to the youth court, be given an opportunity to cross-examine the person who made the report.

Where a youth court receives a report made in respect of a young person pursuant to subsection (1),

A youth court may, at any time while an order in respect of a young person made by the court under subsection (1) is in force, on cause being shown, vary the terms and conditions specified in that order in such manner as the court considers appropriate in the circumstances.

For the purposes of paragraph (3.1)(a), when the prosecutor and the young person agree, evidence of a qualified person may be received in the form of a report in writing.

A young person shall not be remanded in custody pursuant to an order made by a youth court under subsection (1) unless

Subject to subsections (3.1) and (3.3), for the purpose of an assessment under this section, a youth court may remand a young person to such custody as it directs for a period not exceeding thirty days.

A youth court may make an order under subsection (1) in respect of a young person for the purpose of

A youth court may, at any stage of proceedings against a young person,

A statement referred to in subsection (1) is admissible in evidence for the purposes of

Subject to subsection (2), where a young person is assessed pursuant to an order made under subsection 13(1), no statement or reference to a statement made by the young person during the course and for the purposes of the assessment to the person who conducts the assessment or to anyone acting under that person’s direction is admissible in evidence, without the consent of the young person, in any proceeding before a court, tribunal, body or person with jurisdiction to compel the production of evidence.

A reference in Part XX.1 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 of the province for the custody, treatment or assessment of young persons.

For the purpose of applying subsection 672.33(1) 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.

The youth court, after giving the Attorney General and the counsel and parents of the young person in respect of whom an application is made under subsection (8) an opportunity to be heard, shall take into consideration

Where an application is made under section 16 to proceed against a young person in ordinary court and the young person is found unfit to stand trial, the Attorney General or the agent of the Attorney General may, before the youth court makes or refuses to make an order under that section, apply to the court to increase the cap that shall apply to the young person.

Subject to subsection (9), for the purpose of applying subsection 672.64(3) of the Criminal Code to proceedings under this Act in relation to an offence alleged to have been committed by a young person, the applicable cap shall be the maximum period during which the young person would be subject to a disposition by the youth court if found guilty of the offence.

Before making or reviewing a disposition in respect of a young person under Part XX.1 of the Criminal Code, a youth court or Review Board shall consider the age and special needs of the young person and any representations or submissions made by the young person’s parents.

A youth court may not make an order under subsection 672.11 of the Criminal Code in respect of a young person for the purpose of assisting in the determination of an issue mentioned in paragraph 672.11(e) of that Act.

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

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.

For the purposes of subsection (1), wherever in Part XX.1 of the Criminal Code a reference is made to

Except to the extent that they are inconsistent with or excluded by this Act, section 16 and Part XX.1 of the Criminal Code, except sections 672.65 and 672.66, apply, with such modifications as the circumstances require, in respect of proceedings under this Act in relation to offences alleged to have been committed by young persons.

No statement made by a young person in the course of the preparation of a pre-disposition report in respect of the young person is admissible in evidence against him in any civil or criminal proceedings except in proceedings under section 16 or 20 or sections 28 to 32.

A provincial director who submits a pre-disposition report made in respect of a young person to a youth court may make the report, or any part thereof, available to any person in whose custody or under whose supervision the young person is placed or to any other person who is directly assisting in the care or treatment of the young person.

Where a pre-disposition report made in respect of a young person is submitted to a youth court, the court

Where a pre-disposition report made in respect of a young person is submitted to a youth court, the court may, where the prosecutor is a private prosecutor and disclosure of the report or any part thereof to the prosecutor might, in the opinion of the court, be prejudicial to the young person and is not, in the opinion of the court, necessary for the prosecution of the case against the young person,

Where a pre-disposition report made in respect of a young person is submitted to a youth court, the young person, his counsel or the adult assisting him pursuant to subsection 11(7) and the prosecutor shall, subject to subsection (7), on application to the youth court, be given the opportunity to cross-examine the person who made the report.

Where a pre-disposition report made in respect of a young person is submitted to a youth court in writing, the court

A pre-disposition report shall form part of the record of the case in respect of which it was requested.

Where a pre-disposition report cannot reasonably be committed to writing, it may, with leave of the youth court, be submitted orally in court.

A pre-disposition report made in respect of a young person shall, subject to subsection (3), be in writing and shall include

Where a youth court deems it advisable before making a disposition under section 20 in respect of a young person who is found guilty of an offence it may, and where a youth court is required under this Act to consider a pre-disposition report before making an order or a disposition in respect of a young person it shall, require the provincial director to cause to be prepared a pre-disposition report in respect of the young person and to submit the report to the court.

A youth 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 has not been predisposed by information contained in the pre-disposition report or by representations made in respect of the application under section 16.

Subject to subsection (2), a youth court judge who, prior to an adjudication in respect of a young person charged with an offence, examines a pre-disposition report made in respect of the young person, or hears an application under section 16 in respect of the young person, in connection with that offence 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.

[Repealed, R.S., 1985, c. 24 (2nd Supp.), s. 12]

[Repealed, 1992, c. 11, s. 2]

No statement made by a young person in the course of a hearing held under this section is admissible in evidence against the young person in any civil or criminal proceeding held subsequent to that hearing.

A person who proposes to apply for a review under subsection (9) shall give notice of the application in such manner and within such period of time as may be directed by rules of court.

The court of appeal may, at any time, extend the time within which an application under subsection (9) may be made.

An order made in respect of a young person under this section or a refusal to make such an order shall, on application of the young person or the young person’s counsel or the Attorney General or the Attorney General’s agent made within thirty days after the decision of the youth court, be reviewed by the court of appeal, and that court may, in its discretion, confirm or reverse the decision of the youth court.

Where a young person is proceeded against in ordinary court in respect of an offence by reason of

Where an order is made under this section pursuant to an application under subsection (1.01), the proceedings against the young person shall be in the youth court.

Where an order is made under this section pursuant to an application under subsection (1), proceedings under this Act shall be discontinued and the young person against whom the proceedings are taken shall be taken before the ordinary court.

Where a youth court refuses to make an order under this section in respect of an alleged offence, no further application may be made under this section in respect of that offence.

Where a youth court makes an order or refuses to make an order under this section, it shall state the reasons for its decision and the reasons shall form part of the record of the proceedings in the youth court.

Notwithstanding subsections (1) and (3), where an application is made under subsection (1) by the Attorney General or the Attorney General’s agent in respect of an offence alleged to have been committed by a young person while the young person was being proceeded against in ordinary court pursuant to an order previously made under this section or serving a sentence as a result of proceedings in ordinary court, the youth court may make a further order under this section without a hearing and without considering a pre-disposition report.

In making the determination referred to in subsection (1) or (1.03) in respect of a young person, a youth court shall consider a pre-disposition report.

In making the determination referred to in subsection (1) or (1.03) in respect of a young person, a youth court shall take into account

Where an application is made under subsection (1) or (1.01), the onus of satisfying the youth court of the matters referred to in subsection (1.1) rests with the applicant.

The time referred to in subsections (1.03) to (1.05) may be extended by mutual agreement of the parties to the proceedings by filing a notice to that effect with the youth court.

Where the other party to the proceedings referred to in subsection (1.02) does not file a notice referred to in subsection (1.03) or (1.04) within the time referred to in subsection (1.03), the youth court shall order that the young person be proceeded against in youth court.

Where the other party to the proceedings referred to in subsection (1.02) files a notice of non-opposition to the application with the youth court within the time referred to in subsection (1.03), the youth court shall order that the young person be proceeded against in youth court.

Where the other party to the proceedings referred to in subsection (1.02) files a notice of opposition to the application with the youth court within twenty-one days after the making of the oral application, or the service of the notice referred to in that subsection, as the case may be, the youth court shall, in accordance with subsection (1.1), determine whether the young person should be proceeded against in youth court.

An application to the youth court under subsection (1.01) must be made orally, in the presence of the other party to the proceedings, or in writing, with a notice served on the other party to the proceedings.

In making the determination referred to in subsection (1) or (1.03), the youth court, after affording both parties and the parents of the young person an opportunity to be heard, shall consider the interest of society, which includes the objectives of affording protection to the public and rehabilitation of the young person, and determine whether those objectives can be reconciled by the youth being under the jurisdiction of the youth court, and

Every young person against whom an information is laid who is alleged to have committed

Subject to subsection (1.01), at any time after an information is laid against a young person alleged to have, after attaining the age of fourteen years, committed an indictable offence other than an offence referred to in section 553 of the Criminal Code but prior to adjudication, a youth court shall, on application of the young person or the young person’s counsel or the Attorney General or an agent of the Attorney General, determine, in accordance with subsection (1.1), whether the young person should be proceeded against in ordinary court.

Notwithstanding anything in this section, no young person shall remain in custody in a place of detention for young persons under this section after the young person attains the age of twenty years.

A notice given under subsection (5) by the Attorney General or the provincial director shall include a statement that the young person has the opportunity to be heard and the right to be represented by counsel.

Where an application referred to in this section is made, the applicant shall cause a notice of the application to be given

An application referred to in this section may be made by the young person, the young person’s parents, the provincial director, the Attorney General or the Attorney General’s agent.

On application, the youth court shall review the placement of a young person in detention pursuant to this section and, if satisfied, having regard to the best interests of the young person and the safety of others, and after having afforded the young person, the provincial director and a representative of a provincial department responsible for adult correctional facilities an opportunity to be heard, that the young person should remain in detention where the young person is or be transferred to youth or adult detention, as the case may be, the court may so order.

Notwithstanding anything in this or any other Act of Parliament, where a young person who is over the age of eighteen is to be proceeded against in ordinary court by reason of

Notwithstanding anything in this or any other Act of Parliament, where a young person who is under the age of eighteen is to be proceeded against in ordinary court by reason of

Where an application referred to in this section is made, the applicant shall cause a notice of the application to be given

An application referred to in this section may be made by the young person, the young person’s parents, the provincial director, a representative of the provincial and federal correctional systems and the Attorney General.

On application, the court shall review the placement of a young person in detention pursuant to this section and, if satisfied that the circumstances that resulted in the initial order have changed materially, and after having afforded the young person, the provincial director and the representatives of the provincial and federal correctional systems an opportunity to be heard, the court may order that the young person be placed in

Prior to making an order under subsection (1), the court shall require that a report be prepared for the purpose of assisting the court.

In making an order under subsection (1), the court shall take into account

Notwithstanding anything in this or any other Act of Parliament, where a young person who is proceeded against in ordinary court by reason of subsection 16(1.01), where no application is made under that subsection, or by reason of an order under subparagraph 16(1.1)(b)(i) or the refusal under subparagraph 16(1.1)(b)(ii) to make an order, is convicted and sentenced to imprisonment, the court shall, after affording the young person, the parents of the young person, the Attorney General, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard, order that the young person serve any portion of the imprisonment in

In this section, “newspaper” has the meaning set out in section 297 of the Criminal Code.

Every one who fails to comply with an order made pursuant to subsection (1) is guilty of an offence punishable on summary conviction.

Where a youth court hears an application for a transfer under section 16, it shall

Proceedings under this Act before a judge of a superior court of criminal jurisdiction with a jury shall be conducted, with such modifications as the circumstances require, in accordance with the provisions of Parts XIX and XX of the Criminal Code, except that

A preliminary inquiry referred to in subsection (5.1) shall be conducted in accordance with the provisions of Part XVIII of the Criminal Code, except to the extent that they are inconsistent with this Act.

Where a young person elects or is deemed to have elected to be tried by a judge of a superior court of criminal jurisdiction with a jury, the youth court shall conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the superior court of criminal jurisdiction with a jury.

Notwithstanding section 5, where an election is not made under subsection (4), the young person shall be deemed to have elected to be tried by a judge of a superior court of criminal jurisdiction with a jury and dealt with as provided for in this Act.

Notwithstanding section 5, where a young person is charged with having committed first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, the youth court, before proceeding with the trial, shall ask the young person to elect to be tried by a youth court judge alone or by a judge of a superior court of criminal jurisdiction with a jury, and where a young person elects to be tried by a judge of a superior court of criminal jurisdiction with a jury, the young person shall be dealt with as provided in this Act.

The court shall not make a finding under this section in respect of a young person in respect of whom an application may be made under section 16 for an order that the young person be proceeded against in ordinary court unless it has inquired as to whether any of the parties to the proceedings wishes to make such an application, and, if any party so wishes, has given that party an opportunity to do so.

Where a young person charged with an offence pleads not guilty to the offence or pleads guilty but the youth court is not satisfied that the facts support the charge, the court shall, subject to subsection (4), proceed with the trial and shall, after considering the matter, find the young person guilty or not guilty or make an order dismissing the charge, as the case may be.

Where a young person pleads guilty to an offence charged against him and the youth court is satisfied that the facts support the charge, the court shall find the young person guilty of the offence.

This section, and not section 19, applies in respect of proceedings under this Act in Nunavut.

Proceedings under this Act before a judge of the Nunavut Court of Justice, acting as a youth court, with a jury shall be conducted, with any modifications that the circumstances require, in accordance with the provisions of Parts XIX and XX of the Criminal Code, except that

A preliminary inquiry referred to in subsection (6) shall be conducted in accordance with the provisions of Part XVIII of the Criminal Code, except to the extent that they are inconsistent with this Act.

If a young person elects or is deemed to have elected under paragraph (4)(b), a preliminary inquiry shall be held in the youth court and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the Nunavut Court of Justice, acting as a youth court, with a jury.

Despite section 5, if an election is not made under subsection (4), the young person shall be deemed to have elected under paragraph (4)(b).

If a young person is charged with having committed first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, the youth court, before proceeding with the trial, shall ask the young person to elect

The court shall not make a finding under this section in respect of a young person in respect of whom an application may be made under section 16 for an order that the young person be proceeded against in ordinary court unless it has inquired as to whether any of the parties to the proceedings wishes to make such an application, and, if any party so wishes, has given that party an opportunity to do so.

If a young person charged with an offence pleads not guilty to the offence or pleads guilty but the youth court is not satisfied that the facts support the charge, the court shall, subject to subsection (4), proceed with the trial and shall, after considering the matter, find the young person guilty or not guilty or make an order dismissing the charge, as the case may be.

If a young person pleads guilty to an offence charged against the young person and the youth court is satisfied that the facts support the charge, the court shall find the young person guilty of the offence.

Notwithstanding paragraph (1)(h), a youth court shall not make an order of prohibition under section 161 of the Criminal Code against a young person.

The youth court shall specify in any probation order made under paragraph (1)(j) the period for which it is to remain in force.

Section 787 of the Criminal Code does not apply in respect of proceedings under this Act.

Part XXIII of the Criminal Code does not apply in respect of proceedings under this Act except for section 722, subsection 730(2) and sections 748, 748.1 and 749, which provisions apply with such modifications as the circumstances require.

No disposition shall be made in respect of a young person under this section that results in a punishment that is greater than the maximum punishment that would be applicable to an adult who has committed the same offence.

Where a youth court makes a disposition under this section, it shall state its reasons therefor in the record of the case and shall

Subject to section 743.5 of the Criminal Code, a disposition made under this section shall continue in effect in accordance with the terms thereof, after the young person against whom it is made becomes an adult.

Where a young person referred to in subsection (4.2) is under conditional supervision at the time the young person is ordered to custody in respect of a subsequent offence, the conditional supervision shall be suspended until the young person is released from custody.

Subject to subsection (4.3), where a young person who is serving a disposition made under paragraph (1)(k.1) is ordered to custody in respect of an offence committed after the commencement of, but before the completion of, that disposition, the custody in respect of that subsequent offence shall be served before the young person is placed under conditional supervision.

Where a disposition is made under this section in respect of an offence committed by a young person after the commencement of, but before the completion of, any dispositions made in respect of previous offences committed by the young person,

Subject to subsection (4.1), where more than one disposition is made under this section in respect of a young person with respect to different offences, the continuous combined duration of those dispositions shall not exceed three years, except where one of those offences is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, in which case the continuous combined duration of those dispositions shall not exceed ten years in the case of first degree murder, or seven years in the case of second degree murder.

No disposition made under this section, other than an order made under paragraph (1)(h), (k) or (k.1), shall continue in force for more than two years and, where the youth court makes more than one disposition at the same time in respect of the same offence, the combined duration of the dispositions, except in respect of an order made under paragraph (1)(h), (k) or (k.1), shall not exceed two years.

A disposition made under this section shall come into force on the date on which it is made or on such later date as the youth court specifies therein.

Where a youth court finds a young person guilty of an offence, it shall consider any pre-disposition report required by the court, any representations made by the parties to the proceedings or their counsel or agents and by the parents of the young person and any other relevant information before the court, and the court shall then make any one of the following dispositions, other than the disposition referred to in paragraph (k.1), or any number thereof that are not inconsistent with each other, and where the offence is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, the court shall make the disposition referred to in paragraph (k.1) and may make such other disposition as the court considers appropriate:

Before making any order referred to in section 113 of the Criminal Code in respect of a young person, the youth court may require the provincial director to cause to be prepared, and to submit to the youth court, a report on the young person.

Sections 113 to 117 of the Criminal Code apply in respect of any order made under this section.

Where the youth court does not make an order under subsection (3), or where the youth court does make such an order but does not prohibit the possession of everything referred to in that subsection, the youth court shall include in the record a statement of the youth court’s reasons.

Where a youth court makes an order under this section, it shall state its reasons for making the order in the record of the case and shall

In paragraph (2)(a) and subsection (4), “release from custody” means a release from custody in accordance with this Act, other than a release from custody under subsection 35(1), and includes the commencement of conditional supervision or probation.

An order made under subsection (3) against a young person begins on the day on which the order is made and ends not later than two years after the young person’s release from custody or, if the young person is not then in custody or subject to custody, after the time the young person is found guilty of or discharged from the offence.

Notwithstanding subsection 20(1), where a young person is found guilty of an offence referred to in paragraph 110(1)(a) or (b) of the Criminal Code, the youth court shall, in addition to making any disposition referred to in subsection 20(1), consider whether it is desirable, in the interests of the safety of the person or of any other person, to make an order prohibiting the person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order.

An order made under subsection (1) begins on the day on which the order is made and ends not earlier than two years after the young person’s release from custody after being found guilty of the offence or, if the young person is not then in custody or subject to custody, after the time the young person is found guilty of or discharged from the offence.

Notwithstanding subsection 20(1), where a young person is found guilty of an offence referred to in any of paragraphs 109(1)(a) to (d) of the Criminal Code, the youth court shall, in addition to making any disposition referred to in subsection 20(1), make an order prohibiting the young person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition and explosive substance during the period specified in the order as determined in accordance with subsection (2).

A youth court may, on application by or on behalf of the young person in respect of whom a disposition has been made under paragraphs 20(1)(b) to (g), allow further time for the completion of the disposition subject to any regulations made pursuant to paragraph 67(b) and to any rules made by the youth court pursuant to subsection 68(1).

No order may be made under paragraph 20(1)(g) unless

No order may be made under paragraph 20(1)(f) or (g) to perform personal or community services unless those services can be completed in two hundred and forty hours or less and within twelve months of the date of the order.

No order may be made under paragraph 20(1)(f) or (g) unless the youth court

No order may be made under paragraph 20(1)(f) unless the youth court has secured the consent of the person to be compensated.

Where the youth court makes an order under paragraphs 20(1)(c) to (f), it shall cause notice of the terms of the order to be given to the person who is to be compensated or to whom restitution or payment is to be made.

In considering whether to make an order under paragraphs 20(1)(c) to (f), the youth court may consider any representations made by the person who would be compensated or to whom restitution or payment would be made.

A program referred to in subsection (2) shall determine the rate at which credits are earned and may provide for the manner of crediting any amounts earned against the fine and any other matters necessary for or incidental to carrying out the program.

A young person against whom a fine is imposed under paragraph 20(1)(b) may discharge the fine in whole or in part by earning credits for work performed in a program established for that purpose

The youth court shall, in imposing a fine on a young person under paragraph 20(1)(b) or in making an order against a young person under paragraph 20(1)(c) or (e), have regard to the present and future means of the young person to pay.

If a young person to whom a notice is given in writing to appear before the youth court pursuant to paragraph (1)(b) does not appear at the time and place named in the notice and it is proved that a copy of the notice was served on him, a youth court may issue a warrant to compel the appearance of the young person.

A young person may be given notice to appear before the youth court pursuant to paragraph (1)(b) orally or in writing.

A probation order made under paragraph 20(1)(j) comes into force

The failure of a young person to endorse a probation order pursuant to subsection (5) does not affect the validity of the order.

After a probation order has been read by or to a young person and explained to him pursuant to subsection (3), the young person shall endorse the order acknowledging that he has received a copy of the order and acknowledging the fact that it has been explained to him.

Where the youth court makes a probation order under paragraph 20(1)(j), it may cause a copy of the report to be given to a parent of the young person not in attendance at the proceedings against the young person if the parent is, in the opinion of the court, taking an active interest in the proceedings.

Where the youth court makes a probation order under paragraph 20(1)(j), it shall

A probation order made under paragraph 20(1)(j) may include such of the following conditions as the youth court considers appropriate in the circumstances of the case:

The following conditions shall be included in a probation order made under paragraph 20(1)(j):

Where the youth court makes a disposition in respect of a young person under paragraph 20(1)(k), the youth court shall state the reasons why any other disposition or dispositions under subsection 20(1), without the disposition under paragraph 20(1)(k), would not have been adequate.

The youth court may, with the consent of the prosecutor and the young person or his counsel, dispense with the pre-disposition report required under subsection (2) if the youth court is satisfied, having regard to the circumstances, that the report is unnecessary or that it would not be in the best interests of the young person to require one.

Subject to subsection (3), before making an order of committal to custody, the youth court shall consider a pre-disposition report.

In making a determination under subsection (1), the youth court shall take the following into account:

The youth court shall not commit a young person to custody under paragraph 20(1)(k) unless the court considers a committal to custody to be necessary for the protection of society having regard to the seriousness of the offence and the circumstances in which it was committed and having regard to the needs and circumstances of the young person.

In deciding whether a young person shall be placed in open custody or secure custody, the youth court or the provincial director shall take into account the following factors:

In a province in which the Lieutenant Governor in Council has designated the provincial director to determine the level of custody, the provincial director shall, where a young person is committed to custody under paragraph 20(1)(k) or (k.1) or an order is made under subsection 26.1(1) or paragraph 26.6(2)(b), specify whether the young person shall be placed in open custody or secure custody.

Subject to subsection (3), where the youth court commits a young person to custody under paragraph 20(1)(k) or (k.1) or makes an order under subsection 26.1(1) or paragraph 26.6(2)(b), it shall specify in the order whether the custody is to be open custody or secure custody.

In this section and sections 24.2, 24.3, 28 and 29,

Where an application for review under section 28.1 of a transfer under subsection (11) is made to a youth court, the young person shall remain in a place or facility of secure custody until the review is heard by the youth court unless the provincial director directs otherwise.

Where an application for review under section 28.1 of a transfer under subsection (11) is made to a youth court,

The provincial director shall cause a notice in writing of the decision to transfer a young person under subsection (11) to be given to the young person and the young person’s parents and set out in that notice the reasons for the transfer.

The provincial director may transfer a young person from a place or facility of open custody to a place or facility of secure custody when the provincial director is satisfied that the needs of the young person and the interests of society would be better served thereby

The provincial director may transfer a young person from a place or facility of secure custody to a place or facility of open custody when the provincial director is satisfied that the needs of the young person and the interests of society would be better served thereby.

Where a young person is placed in open custody pursuant to subsection 24.1(2), the provincial director may transfer the young person from a place or facility of open custody to a place or facility of secure custody for a period not exceeding fifteen days if

Subject to subsection (9), no young person who is committed to open custody pursuant to subsection 24.1(2) may be transferred to a place or facility of secure custody.

No young person who is committed to secure custody pursuant to subsection 24.1(2) may be transferred to a place or facility of open custody except in accordance with sections 28 to 31.

A young person who is committed to custody may, during the period of custody, be transferred by the provincial director from one place or facility of open custody to another or from one place or facility of secure custody to another.

Subsection 7(2) applies, with such modifications as the circumstances require, in respect of a person held in a place of temporary detention pursuant to subsection (3).

Subject to this section and section 24.5, a young person who is committed to custody shall be held separate and apart from any adult who is detained or held in custody.

A young person who is committed to custody may, in the course of being transferred from custody to the court or from the court to custody, be held under the supervision and control of a peace officer or in such place of temporary detention referred to in subsection 7(1) as the provincial director may specify.

Where a young person is committed to custody, the youth court shall issue or cause to be issued a warrant of committal.

Subject to this section and sections 24.3 and 24.5, a young person who is committed to custody shall be placed in open custody or secure custody, as specified pursuant to subsection 24.1(2) or (3), at such place or facility as the provincial director may specify.

Where a young person is committed to open custody and secure custody pursuant to subsection 24.1(2), any portions of which dispositions are to be served concurrently, the concurrent portions of the dispositions shall be served in secure custody.

Where a young person is committed to open custody and secure custody pursuant to subsection 24.1(2), any portions of which dispositions are to be served consecutively, the disposition of secure custody shall be served first without regard to the order in which the dispositions were imposed.

Before making an order of committal to intermittent custody under paragraph 20(1)(k), the youth court shall require the prosecutor to make available to the court for its consideration a report of the provincial director as to the availability of a place of custody in which an order of intermittent custody can be enforced and, where the report discloses that no such place of custody is available, the court shall not make the order.

A young person who is committed to custody under paragraph 20(1)(k) shall be deemed to be committed to continuous custody unless the youth court specifies otherwise.

Where a young person is committed to custody under paragraph 20(1)(k) or (k.1) and is concurrently under sentence of imprisonment imposed in ordinary court, the young person may, in the discretion of the provincial director, serve the disposition and sentence, or any portion thereof, in a place of custody for young persons, in a provincial correctional facility for adults or, where the unexpired portion of the sentence is two years or more, in a penitentiary.

Where a young person is committed to custody under paragraph 20(1)(k) or (k.1), the youth court may, on application of the provincial director made at any time after the young person attains the age of eighteen years, after affording the young person an opportunity to be heard, authorize the provincial director to direct that the young person serve the disposition or the remaining portion thereof in a provincial correctional facility for adults, if the court considers it to be in the best interests of the young person or in the public interest, but in that event, the provisions of this Act shall continue to apply in respect of that person.

Where an application is made under subsection (1) to transfer the disposition of a young person to a province in which the young person is an adult, a youth court judge may, with the consent of the Attorney General, transfer the disposition and the record of the case to the youth court in the province to which the transfer is sought, and the youth court to which the case is transferred shall have full jurisdiction in respect of the disposition as if that court had made the disposition, and the person shall be further dealt with in accordance with this Act.

No disposition may be transferred from one province to another under this section until the time for an appeal against the disposition or the finding on which the disposition was based has expired or until all proceedings in respect of any such appeal have been completed.

Where a disposition has been made under paragraphs 20(1)(b) to (g) or paragraph 20(1)(j) or (l) in respect of a young person and the young person or a parent with whom the young person resides is or becomes a resident of a territorial division outside the jurisdiction of the youth court that made the disposition, whether in the same or in another province, a youth court judge in the territorial division in which the disposition was made may, on the application of the Attorney General or an agent of the Attorney General or on the application of the young person or the young person’s parent with the consent of the Attorney General or an agent of the Attorney General, transfer the disposition and such portion of the record of the case as is appropriate to a youth court in the other territorial division, and all subsequent proceedings relating to the case shall thereafter be carried out and enforced by that court.

Where a disposition made in respect of a young person is dealt with pursuant to this section in a province other than that in which the disposition was made, the youth court of the province in which the disposition was made may, with the consent in writing of the Attorney General of that province or his delegate and the young person, waive its jurisdiction, for the purpose of any proceeding under this Act, to the youth court of the province in which the disposition is dealt with, in which case the youth court in the province in which the disposition is so dealt with shall have full jurisdiction in respect of the disposition as if that court had made the disposition.

Subject to subsection (3), where a disposition made in respect of a young person is dealt with pursuant to this section in a province other than that in which the disposition was made, the youth court of the province in which the disposition was made shall, for all purposes of this Act, retain exclusive jurisdiction over the young person as if the disposition were dealt with within that province, and any warrant or process issued in respect of the young person may be executed or served in any place in Canada outside the province where the disposition was made as if it were executed or served in that province.

Where a disposition has been made under paragraphs 20(1)(j) to (k.1) in respect of a young person, the disposition in one province may be dealt with in any other province pursuant to any agreement that may have been made between those provinces.

Where an application under subsection (1) is denied, the court may, with the consent of the young person, the Attorney General and the provincial director, proceed as though the young person had been brought before the court as required under subsection 26.2(1).

Subsections 16(9) to (11) apply, with such modifications as the circumstances require, in respect of an order made, or the refusal to make an order, under subsection (1).

Where a youth court makes an order under subsection (1), it shall state its reasons for the order in the record of the case and shall

Where notice under subsection (7) is not given in accordance with this section, the youth court may

A notice under subsection (7) may be served personally or may be sent by registered mail.

Any notice given to a parent under subsection (7) shall include a statement that the young person has the right to be represented by counsel.

Where an application is made under subsection (1) in respect of a young person, the Attorney General or the Attorney General’s agent shall cause such notice as may be directed by rules of court applicable to the youth court or, in the absence of such direction, at least five clear days notice of the hearing to be given in writing to the young person and the young person’s parents and the provincial director.

Subsections 14(4) to (10) apply, with such modifications as the circumstances require, in respect of a report referred to in subsection (4).

A report referred to in subsection (4) shall be in writing unless it cannot reasonably be committed to writing, in which case it may, with leave of the youth court, be submitted orally in court.

For the purpose of determining an application under subsection (1), the youth court shall require the provincial director to cause to be prepared, and to submit to the youth court, a report setting out any information of which the provincial director is aware with respect to the factors referred to in subsection (2) that may be of assistance to the court.

Where a provincial director fails to cause a young person to be brought before the youth court under subsection (1), the youth court shall order the provincial director to cause the young person to be brought before the youth court forthwith.

For the purpose of determining an application under subsection (1), the youth court shall take into consideration any factor that is relevant to the case of the young person including, without limiting the generality of the foregoing,

Where the hearing for an application under subsection (1) cannot be completed before the expiration of the period of custody, 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.

Where a young person is held in custody pursuant to a disposition made under paragraph 20(1)(k.1) and an application is made to the youth court by the Attorney General, or the Attorney General’s agent, within a reasonable time prior to the expiration of the period of custody, 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 court and the youth court may, after affording both parties and the parents of the young person an opportunity to be heard and if it is satisfied that there are reasonable grounds to believe that the young person is likely to commit an offence causing the death of or serious harm to another person prior to the expiration of the disposition the young person is then serving, order that the young person remain in custody for a period not exceeding the remainder of the disposition.

Subsections 16(9) to (11) and 23(3) to (9) apply, with such modifications as the circumstances require, in respect of an order made under subsection (1).

Subsections 26.1(3) and (5) to (10) apply, with such modifications as the circumstances require, in respect of any proceedings held pursuant to subsection (1).

For the purpose of setting conditions under this section, the youth court shall require the provincial director to cause to be prepared, and to submit to the youth court, a report setting out any information that may be of assistance to the court.

Where an order is made under subsection (4), the provincial director shall bring the young person before the youth court as soon thereafter as the circumstances permit and the court shall then set the conditions of the young person’s conditional supervision.

Where a provincial director is required under subsection (1) to cause a young person to be brought before the youth court but cannot do so for reasons beyond the young person’s control, the provincial director shall so advise the youth court and the court shall, by order, set such temporary conditions for the young person’s conditional supervision as are appropriate in the circumstances.

In setting conditions for the purposes of subsection (1), the youth court may include in the order the following conditions, namely, that the young person

In setting conditions for the purposes of subsection (1), the youth court shall include in the order the following conditions, namely, that the young person

The provincial director of the province in which a young person is held in custody pursuant to a disposition made under paragraph 20(1)(k.1) or, where applicable, an order made under subsection 26.1(1), shall cause the young person to be brought before the youth court at least one month prior to the expiration of the period of custody and the court shall, after affording the young person an opportunity to be heard, by order, set the conditions of the young person’s conditional supervision.

Where a young person is brought, pursuant to subsection (4), before the provincial director or a person designated by the provincial director, the provincial director or the designated person

Where a young person is arrested pursuant to subsection (3) and detained, the peace officer making the arrest shall cause the young person to be brought before the provincial director or a person designated by the provincial director

Where a peace officer believes on reasonable grounds that a warrant issued under subsection (1) is in force in respect of a young person, the peace officer may arrest the young person without the warrant at any place in Canada.

A warrant issued under subsection (1) shall be executed by any peace officer to whom it is given at any place in Canada and has the same force and effect in all parts of Canada as if it had been originally issued or subsequently endorsed by a provincial court judge or other lawful authority having jurisdiction in the place where it is executed.

Where the conditional supervision of a young person is suspended under section 26.3, the provincial director may issue a warrant in writing, authorizing the apprehension of the young person and, until the young person is apprehended, the young person is deemed not to be continuing to serve the disposition the young person is then serving.

Subsections 16(9) to (11) apply, with such modifications as the circumstances require, in respect of an order made under subsection (2).

Subsections 26.1(3) and (5) to (10) and 26.2(6) apply, with such modifications as the circumstances require, in respect of a review under this section.

Where a youth court makes an order under subsection (2), it shall state its reasons for the order in the record of the case and shall

On completion of a review under subsection (1), the youth court shall order

Where the case of a young person is referred to the youth court under section 26.5, the provincial director shall, as soon as is practicable, cause the young person to be brought before the youth court, and the youth court shall, after affording the young person an opportunity to be heard,

No appeal lies from a disposition under sections 28 to 32.

No appeal lies pursuant to subsection (1) from a judgment of the court of appeal in respect of a finding of guilt or an order dismissing an information to the Supreme Court of Canada unless leave to appeal is granted by the Supreme Court of Canada within twenty-one days after the judgment of the court of appeal is pronounced or within such extended time as the Supreme Court of Canada or a judge thereof may, for special reasons, allow.

In any province where the youth court is a county or district court, an appeal under subsection (1.1) shall be made to the superior court of the province.

Despite subsection (3), if the Nunavut Court of Justice is acting as a youth court, an appeal under subsection (1.1) shall be made to a judge of the Court of Appeal of Nunavut, and an appeal of that judge’s decision shall be made to the Court of Appeal of Nunavut in accordance with section 839 of the Criminal Code.

In any province where the youth court is a superior court, an appeal under subsection (1.1) shall be made to the court of appeal of the province.

For the purpose of appeals under this Act, where no election is made in respect of an offence that may be prosecuted by indictment or proceeded with by way of summary conviction, the Attorney General or his agent shall be deemed to have elected to proceed with the offence as an offence punishable on summary conviction.

An appeal involving one or more indictable offences and one or more summary conviction offences that are tried jointly or in respect of which dispositions are jointly made lies under this Act in accordance with Part XXI of the Criminal Code, which applies with such modifications as the circumstances require.

An appeal lies under this Act in respect of an offence punishable on summary conviction or an offence that the Attorney General or his agent elects to proceed with as an offence punishable on summary conviction in accordance with Part XXVII of the Criminal Code, which Part applies with such modifications as the circumstances require.

An appeal lies under this Act in respect of an indictable offence or an offence that the Attorney General or his agent elects to proceed with as an indictable offence in accordance with Part XXI of the Criminal Code, which Part applies with such modifications as the circumstances require.

[Repealed, R.S., 1985, c. 24 (2nd Supp.), s. 21]

Where a youth court reviews under this section a disposition made in respect of a young person, it may, after affording the young person, his parent, the Attorney General or his agent and the provincial director an opportunity to be heard, having regard to the needs of the young person and the interests of society,

Where notice under subsection (11) or (12) is not given in accordance with this section, the youth court may

Any of the persons entitled to notice under subsection (11) or (12) may waive the right to that notice.

A notice under subsection (11) or (12) may be served personally or may be sent by registered mail.

Any notice given to a parent under subsection (11) or (12) shall include a statement that the young person whose disposition is to be reviewed has the right to be represented by counsel.

Where a review of a disposition made in respect of a young person is requested under subsection (3), the person requesting the review shall cause such notice as may be directed by rules of court applicable to the youth court or, in the absence of such direction, at least five clear days notice of the review to be given in writing to the young person, his parents and the Attorney General or his agent.

Where a disposition made in respect of a young person is to be reviewed under subsection (1) or (2), the provincial director shall cause such notice as may be directed by rules of court applicable to the youth court or, in the absence of such direction, at least five clear days notice of the review to be given in writing to the young person, his parents and the Attorney General or his agent.

The provisions of subsections 14(4) to (10) apply, with such modifications as the circumstances require, in respect of progress reports.

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 court, be submitted orally in court.

A person preparing a progress report in respect of a young person may include in the report such information relating to the personal and family history and present environment of the young person as he considers advisable.

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

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

No review of a disposition 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.

A disposition made in respect of a young person may be reviewed under subsection (3)

Where a young person is committed to custody pursuant to a disposition made under subsection 20(1) 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 or an agent of the Attorney General, on any of the grounds set out in subsection (4), cause the young person to be brought before a youth court

Where a young person is committed to custody pursuant to dispositions made 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 court forthwith at the end of one year from the date of the earliest disposition made, and the youth court shall review the dispositions.

Where a young person is committed to custody pursuant to a disposition made in respect of an offence 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 court forthwith at the end of one year from the date of the most recent disposition made in respect of the offence, and the youth court shall review the disposition.

A decision of the youth court on a review under this section in respect of any particular placement or transfer is, subject to any subsequent order made pursuant to a review under section 28 or 29, final.

Where the youth court conducts a review under this section, it may, after affording the young person, the young person’s parents and the provincial director an opportunity to be heard, confirm or alter the level of custody, having regard to the needs of the young person and the interests of society.

The provisions of subsections 14(4) to (10) apply, with such modifications as the circumstances require, in respect of the report referred to in subsection (2), and the provisions of subsections 28(11) to (16) apply, with such modifications as the circumstances require, to every review under this section.

The youth court shall, before conducting a review under this section, require the provincial director to cause to be prepared, and to submit to the youth court, a report setting out the reasons for the placement or transfer.

Where a young person is placed in secure custody pursuant to subsection 24.1(3) or transferred to secure custody pursuant to subsection 24.2(11), the youth court shall review the level of custody if an application therefor is made by the young person or the young person’s parent.

[Repealed, R.S., 1985, c. 24 (2nd Supp.), s. 22]

Where the provincial director requests a review pursuant to subsection (4.3),

Where the provincial director is given a notice under subsection (4.2), he may request a review under this section.

Where a youth court, pursuant to paragraph (4)(c), makes no direction under subsection (4), it shall forthwith cause a notice of its decision to be given to the provincial director.

Where the youth court places a young person on probation pursuant to paragraph (4)(b), the court shall include in the probation order such conditions referred to in section 23 as it considers advisable, having regard to the recommendations of the provincial director.

A youth court that receives a notice under subsection (1) shall, if no application for a review is made under subsection (2),

Subject to subsection (4), subsections 28(5), (7) to (10) and (12) to (17) apply, with such modifications as the circumstances require, in respect of reviews made under this section and any notice required under subsection 28(12) shall be given to the provincial director.

Where notice of a recommendation is made under subsection (1) with respect to a disposition made in respect of a young person, the youth court shall, if an application for review is made by the young person, his parent or the Attorney General or his agent within ten days after service of the notice, forthwith review the disposition.

The provincial director shall include in any notice given under subsection (1) the reasons for the recommendation and

Where a young person is held in custody pursuant to a disposition, the provincial director may, if he is satisfied that the needs of the young person and the interests of society would be better served thereby, cause notice in writing to be given to the young person, his parent and the Attorney General or his agent that he recommends that the young person

Where a review board decides that a young person should be released from custody and placed under conditional supervision, it shall so recommend to the youth court and, if no application for a review of the decision is made under section 31, the youth court shall forthwith, on the expiration of the ten day period referred to in subsection (5), release the young person from custody and place the young person under conditional supervision in accordance with section 26.2, and shall include in the order under that section such conditions as the court considers advisable, having regard to the recommendations of the review board.

Where a review board decides that a young person should be released from custody and placed on probation, it shall so recommend to the youth court and, if no application for a review of the decision is made under section 31, the youth court shall forthwith on the expiration of the ten day period referred to in subsection (5) release the young person from custody and place him on probation in accordance with section 23, and shall include in the probation order such conditions referred to in that section as the court considers advisable having regard to the recommendations of the review board.

Subject to subsection (6), any decision of a review board under this section shall take effect ten days after the decision is made unless an application for review is made under section 31.

A review board shall cause notice of any decision made by it in respect of a young person pursuant to section 28 or 29 to be given forthwith in writing to the young person, his parents, the Attorney General or his agent and the provincial director, and a copy of the notice to be given to the youth court.

Where a review board is established or designated by a province for the purposes of this section, the provincial director shall at the same time as any notice is given under subsection 29(1) cause a copy of the notice to be given to the review board.

Subject to this Act, a review board may carry out any duties or functions that are assigned to it by the province that established or designated it.

Where a review board is established or designated by a province for the purposes of this section, that board shall, subject to this section, carry out in that province the duties and functions of a youth court under sections 28 and 29, other than releasing a young person from custody and placing the young person on probation or under conditional supervision.

Subsections 28(5), (7) to (10) and (12) to (17) apply, with such modifications as the circumstances require, in respect of reviews made under this section and any notice required under subsection 28(12) shall be given to the provincial director.

Where the review board reviews a disposition under section 30, the youth court shall, on the application of the young person in respect of whom the review was made, his parents, the Attorney General or his agent or the provincial director, made within ten days after the decision of the review board is made, forthwith review the decision.

[Repealed, R.S., 1985, c. 24 (2nd Supp.), s. 24]

A youth court may under this section extend the time within which a disposition made under paragraphs 20(1)(b) to (g) is to be complied with by a young person where the court is satisfied that the young person requires more time to comply with the disposition, but in no case shall the extension be for a period of time that expires more than twelve months after the date the disposition would otherwise have expired.

Subject to subsection (9), where a disposition made in respect of a young person is reviewed under this section, no disposition made under subsection (7) shall, without the consent of the young person, be more onerous than the remaining portion of the disposition reviewed.

Where a youth court reviews under this section a disposition made in respect of a young person, it may, after affording the young person, his parent, the Attorney General or his agent and the provincial director an opportunity to be heard,

The youth court may, by summons or warrant, compel a young person in respect of whom a review is to be made under this section to appear before the youth court for the purposes of the review.

Subsections 28(5) and (12) to (16) apply, with such modifications as the circumstances require, in respect of reviews made under this section and any notice required under subsection 28(12) shall be given to the provincial director.

Subsections 28(8) to (10) apply, with such modifications as the circumstances require, in respect of any progress report required under subsection (3).

The youth court may, before reviewing under this section a disposition made in respect of a young person, require the provincial director to cause to be prepared, and to submit to the youth court, a progress report on the performance of the young person since the disposition took effect.

A review of a disposition may be made under this section

Where a youth court has made a disposition in respect of a young person, other than a disposition under paragraph 20(1)(k) or (k.1) or section 20.1, the youth court shall, on the application of the young person, the young person’s parents, the Attorney General or the Attorney General’s agent or the provincial director, made at any time after six months from the date of the disposition or, with leave of a youth court judge, at any earlier time, review the disposition if the court is satisfied that there are grounds for a review under subsection (2).

Subsections 32(3) to (5) apply, with such modifications as the circumstances require, in respect of a review under this section.

No variation of an order made under paragraph (3)(c) may be more onerous than the order being reviewed.

Where a youth court or other court conducts a review under this section, it may, after affording the young person, one of the young person’s parents, the Attorney General or an agent of the Attorney General and the provincial director an opportunity to be heard,

In conducting a review under this section, the youth court or other court shall take into account

A youth court or other court may, on application, review an order made under section 20.1 at any time after the circumstances set out in subsection 45(1) are realized in respect of any record in relation to the offence that resulted in the order being made.

Orders under subsections 26.1(1) and 26.2(1) and paragraph 26.6(2)(b) are deemed to be dispositions for the purposes of section 28.

Subject to sections 28 to 32, subsections 20(2) to (8) and sections 21 to 25.1 apply, with such modifications as the circumstances require, in respect of dispositions made under sections 28 to 32.

A young person who has been committed to custody under this Act shall not be released from custody before the expiration of the period of his custody except in accordance with subsection (1) unless the release is ordered under sections 28 to 31 or otherwise according to law by a court of competent jurisdiction.

Where the provincial director revokes an authorization for a young person to be released from custody under subsection (3) or where a young person fails to comply with any term or condition of release from custody under this section, the young person may be arrested without warrant and returned to custody.

The provincial director of a province may, at any time, revoke an authorization made under subsection (1).

A young person who is released from custody pursuant to subsection (1) shall be released only for such periods of time as are necessary to attain the purpose for which the young person is released.

The provincial director of a province may, subject to any terms or conditions that he considers desirable, authorize a young person committed to custody in the province pursuant to a disposition made under this Act

A finding of guilt under this Act is not a previous conviction for the purposes of any offence under any Act of Parliament for which a greater punishment is prescribed by reason of previous convictions.

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

No application form for or relating to

For greater certainty and without restricting the generality of subsection (1), an absolute discharge under paragraph 20(1)(a) or the termination of all dispositions in respect of an offence for which a young person is found guilty removes any disqualification in respect of the offence to which the young person is subject pursuant to any Act of Parliament by reason of a conviction.

Subject to section 12 of the Canada Evidence Act, where a young person is found guilty of an offence, and

Where an accused is charged with an offence under paragraph (2)(a), a provincial court judge has absolute jurisdiction to try the case and his jurisdiction does not depend on the consent of the accused.

Every one who contravenes subsection (1), (1.12), (1.14) or (1.15)

Any person to whom information is disclosed pursuant to subsections (1.13) and (1.14) shall

No person to whom information is disclosed pursuant to subsection (1.13) shall disclose that information to any other person unless the disclosure is necessary for a purpose referred to in that subsection.

Subsection (1) does not apply in respect of the disclosure of information to any professional or other person engaged in the supervision or care of a young person, including the representative of any school board or school or any other educational or training institution, by the provincial director, a youth worker, a peace officer or any other person engaged in the provision of services to young persons where the disclosure is necessary

No person to whom information is disclosed pursuant to subsection (1.11) shall disclose that information to any other person unless the disclosure is necessary for the purpose of preparing the report for which the information was disclosed.

Subsection (1) does not apply in respect of the disclosure of information by the provincial director or a youth worker where the disclosure is necessary for procuring information that relates to the preparation of any report required by this Act.

No information may be disclosed pursuant to subsection (1.5) after the record to which the information relates ceases to be available for inspection under subsection 45(1).

An application under subsection (1.5) may be made ex parte by the Attorney General or an agent of the Attorney General where the youth court is satisfied that reasonable efforts have been made to locate the young person and that those efforts have not been successful.

Subject to subsection (1.7), before making an order under subsection (1.5), the youth court shall afford the young person, the young person’s parents, the Attorney General or an agent of the Attorney General an opportunity to be heard.

The youth court may, on the application of the provincial director, the Attorney General or an agent of the Attorney General or a peace officer, make an order permitting the applicant to disclose to such person or persons as are specified by the court such information about a young person as is specified if the court is satisfied that the disclosure is necessary, having regard to the following:

The youth court may, on the application of any person referred to in subsection (1), make an order permitting any person to publish a report in which the name of that person, or information serving to identify that person, would be disclosed, if the court is satisfied that the publication of the report would not be contrary to the best interests of that person.

An order made under subsection (1.2) shall cease to have effect two days after it is made.

A youth court judge shall, on the ex parte application of a peace officer, make an order permitting any person to publish a report described in subsection (1) that contains the name of a young person, or information serving to identify a young person, who has committed or is alleged to have committed an indictable offence, if the judge is satisfied that

Subsection (1) does not apply in respect of the disclosure of information in the course of the administration of justice including, for greater certainty, the disclosure of information for the purposes of the Firearms Act and Part III of the Criminal Code, where it is not the purpose of the disclosure to make the information known in the community.

Subject to this section, no person shall publish by any means any report

The exception set out in paragraph (3)(a) is subject to subsection 13(6) of this Act and section 650 of the Criminal Code.

The youth court, after it has found a young person guilty of an offence, or the youth court or the review board, during a review of a disposition under sections 28 to 32, may, in its discretion, exclude from the court or from a hearing of the review board, as the case may be, any person other than

Subject to section 650 of the Criminal Code and except where it is necessary for the purposes of subsection 13(6) of this Act, a court or justice may not, pursuant to subsection (1), exclude from proceedings under this Act

Subject to subsection (2), where a court or justice before whom proceedings are carried out under this Act is of the opinion

Any record that is kept under subsection (3) may be disclosed only to establish the existence of the order in any offence involving a breach of the order.

Notwithstanding anything in this Act, where a young person is found guilty of an offence that results in an order under section 20.1 being made against the young person, the youth court may keep a record of the conviction and the order until the expiration of the order.

For greater certainty, this section does not apply in respect of proceedings held in ordinary court pursuant to an order under section 16.

A youth court, review board or any court dealing with matters arising out of proceedings under this Act may keep a record of any case arising under this Act that comes before it.

Where a young person is found guilty of an offence referred to in subsection (1), the police force responsible for the investigation of the offence shall provide a record of the offence, including the original or a copy of any fingerprints, palmprints or photographs and any other measurement, process or operation referred to in the Identification of Criminals Act taken of, or applied in respect of, the young person by or on behalf of the police force, for inclusion in any central repository designated pursuant to subsection (1).

Where a young person is charged with having committed an offence referred to in subsection (1), the police force responsible for the investigation of the offence may provide a record of the offence, including the original or a copy of any fingerprints, palmprints or photographs and any other measurement, process or operation referred to in the Identification of Criminals Act taken of, or applied in respect of, the young person by or on behalf of the police force, for inclusion in any central repository designated pursuant to subsection (1).

A record of any offence that a young person has been charged with having committed may, where the offence is an offence in respect of which an adult may be subjected to any measurement, process or operation referred to in the Identification of Criminals Act, be kept in such central repository as the Commissioner of the Royal Canadian Mounted Police may, from time to time, designate for the purpose of keeping criminal history files or records on offenders or keeping records for the identification of offenders.

[Repealed, R.S., 1985, c. 24 (2nd Supp.), s. 32]

Any person or organization may keep records containing information obtained by the person or organization

A department or an agency of any government in Canada may keep records containing information obtained by the department or agency

[Repealed, R.S., 1985, c. 24 (2nd Supp.), s. 33]

No fingerprints, palmprints or photographs or any other measurement, process or operation referred to in the Identification of Criminals Act shall be taken of, or applied in respect of, a young person who is charged with having committed an offence except in the circumstances in which an adult may, under that Act, be subjected to the measurements, processes and operations referred to in that Act.

Subject to this section, the Identification of Criminals Act applies in respect of young persons.

Any person to whom a record is required or authorized to be made available for inspection under this section may be given any information contained in the record and may be given a copy of any part of the record.

Any record that is kept pursuant to sections 40 to 43 may, on request, be made available for inspection to the victim of the offence to which the record relates.

Where a record is made available for inspection to any person under paragraph (1)(j) or subparagraph (1)(k)(i), that person may subsequently disclose information contained in the record, but may not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates.

Nothing in paragraph (1)(e) authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence.

Notwithstanding subsections (1) and (5), any record that is kept pursuant to any of sections 40 to 43 and that is a record of the results of forensic DNA analysis of a bodily substance taken from a young person in execution of a warrant issued under section 487.05 of the Criminal Code may be made available for inspection under this section only under paragraph (1)(a), (b), (c), (d), (e), (f), (h) or subparagraph (1)(k)(ii).

Where a youth court has withheld the whole or a part of a report from any person pursuant to subsection 13(6) or 14(7), the report or part thereof shall not be made available to that person for inspection under subsection (1).

Subject to subsections (2) and (2.1), any record that is kept pursuant to section 40 shall, and any record that is kept pursuant to sections 41 to 43 may, on request, be made available for inspection to

A peace officer may disclose to an insurance company information in any record that is kept pursuant to section 42 for the purpose of investigating any claim arising out of an offence committed or alleged to have been committed by the young person to whom the record relates.

A peace officer may disclose to any person any information in a record kept pursuant to section 42 that it is necessary to disclose in the conduct of the investigation of an offence.

This section applies, with such modifications as the circumstances require, in respect of records relating to the offence of delinquency under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, as it read immediately prior to April 2, 1984.

For the purposes of this Act, orders made under section 20.1 shall not be taken into account in determining any time period referred to in subsection (1).

For the purposes of paragraphs (1)(e) and (f), where no election is made in respect of an offence that may be prosecuted by indictment or proceeded with by way of summary conviction, the Attorney General or his agent shall be deemed to have elected to proceed with the offence as an offence punishable on summary conviction.

A young person shall be deemed not to have committed any offence to which a record kept pursuant to sections 40 to 43 relates when the circumstances set out in paragraph (1)(d), (e) or (f) are realized in respect of that record.

Any record kept pursuant to sections 40 to 43 may, in the discretion of the person or body keeping the record, be destroyed at any time before or after the circumstances set out in subsection (1) are realized in respect of that record.

For the purposes of subsection (2), “destroy”, in respect of a record, means

Where a special fingerprints repository has been established pursuant to subsection 45.03(1), all fingerprints and any information necessary to identify the person to whom the fingerprints belong that are in the central repository referred to in subsection 41(1) shall, when the circumstances set out in subsection (1) are realized in respect of the records, be transferred to that special fingerprints repository.

Where a special records repository has been established pursuant to subsection 45.02(1), all records in the central repository referred to in subsection 41(1) that relate to

Subject to subsections (2.1) and (2.2), when the circumstances set out in subsection (1) are realized in respect of any record kept pursuant to section 41, the record shall be destroyed forthwith.

Subject to sections 45.01, 45.1 and 45.2, records kept pursuant to sections 40 to 43 may not be made available for inspection under section 44.1 or 44.2 in the following circumstances:

A record kept in the special records repository shall be made available for inspection to the following persons at the following times or in the following circumstances:

A record that relates to a conviction for an offence referred to in the schedule shall be kept in the special records repository for a period of five years and shall be destroyed forthwith at the expiration of that five year period, unless the young person to whom the record relates is subsequently found guilty of any offence referred to in the schedule, in which case the record shall be dealt with as the record of an adult.

A record that relates to a conviction for the offence of first degree murder or second degree murder within the meaning of section 231 of the Criminal Code or an offence referred to in any of paragraphs 16(1.01)(b) to (d) may be kept indefinitely in the special records repository.

The Commissioner of the Royal Canadian Mounted Police may establish a special records repository for records transferred pursuant to subsection 45(2.1).

A record that relates to an order made under section 20.1 shall be kept in the special records repository until the expiration of the order and shall be destroyed forthwith at that time.

Fingerprints and any related information in the special fingerprints repository shall be destroyed five years after the date of their receipt in the repository.

Fingerprints and any related information may be kept in the special fingerprints repository for a period of five years following the date of their receipt and, during that time, the name, date of birth and last known address of the young person to whom the fingerprints belong may be disclosed for identification purposes if a fingerprint identified as that of the young person is found during the investigation of a crime or during an attempt to identify a deceased person or a person suffering from amnesia.

The Commissioner of the Royal Canadian Mounted Police may establish a special fingerprints repository for fingerprints and any related information transferred pursuant to subsection 45(2.2).

In any order under subsection (1), the youth court judge shall set out the purposes for which the record may be used.

A youth court judge may waive the requirement in subsection (2) to give notice to a young person where the youth court is of the opinion that

Subject to subsection (2.1), an application under subsection (1) in respect of a record shall not be heard unless the person who makes the application has given the young person to whom the record relates and the person or body that has possession of the record at least five days notice in writing of the application and the young person and the person or body that has possession has had a reasonable opportunity to be heard.

Subsection (1) applies in respect of any record relating to a particular young person or to any record relating to a class of young persons where the identity of young persons in the class at the time of the making of the application referred to in that subsection cannot reasonably be ascertained and the disclosure of the record is necessary for the purpose of investigating any offence that a person is suspected on reasonable grounds of having committed against a young person while the young person is, or was, serving a disposition.

Subject to subsection (1.1), a youth court judge may, on application by any person, order that any record to which subsection 45(1) applies, or any part thereof, be made available for inspection to that person or a copy of the record or part thereof be given to that person, if a youth court judge is satisfied that

The jurisdiction of a provincial court judge to try an accused is absolute and does not depend on the consent of the accused where the accused is charged with an offence under paragraph (4)(a).

Any person who fails to comply with this section or subsection 45(2)

Subject to section 45.1, no record kept pursuant to sections 40 to 43, and no copy, print or negative thereof, may be used for any purpose that would serve to identify the young person to whom the record relates as a young person dealt with under this Act after the circumstances set out in subsection 45(1) are realized in respect of that record.

No person who is employed in keeping or maintaining records referred to in subsection (1) is restricted from doing anything prohibited under subsection (1) with respect to any other person so employed.

Except as authorized or required by this Act, no record kept pursuant to sections 40 to 43 may be made available for inspection, and no copy, print or negative thereof or information contained therein may be given, to any person where to do so would serve to identify the young person to whom it relates as a young person dealt with under this Act.

A finding of guilt under this section for contempt of court or a disposition or sentence made in respect thereof may be appealed as if the finding were a conviction or the disposition or sentence were a sentence in a prosecution by indictment in ordinary court.

Section 708 of the Criminal Code applies in respect of proceedings under this section in youth court against adults, with such modifications as the circumstances require.

Where a youth court or any other court finds a young person guilty of contempt of court, it may make any one of the dispositions set out in section 20, or any number thereof that are not inconsistent with each other, but no other disposition or sentence.

The youth court has jurisdiction in respect of every contempt of court committed by a young person against any other court in the face of that court and every contempt of court committed by an adult against the youth court in the face of the youth court, but nothing in this subsection affects the power, jurisdiction or authority of any other court to deal with or impose punishment for contempt of court.

The youth court has exclusive jurisdiction in respect of every contempt of court committed by a young person against the youth court whether or not committed in the face of the court and every contempt of court committed by a young person against any other court otherwise than in the face of that court.

Every youth court has the same power, jurisdiction and authority to deal with and impose punishment for contempt against the court as may be exercised by the superior court of criminal jurisdiction of the province in which the court is situated.

Sections 772 and 773 of the Criminal Code apply in respect of writs of fieri facias issued pursuant to this section as if they were issued pursuant to section 771 of the Criminal Code.

Subsections 770(2) and (4) of the Criminal Code do not apply in respect of proceedings under this Act.

Where a deposit has been made by a person against whom an order for forfeiture of a recognizance 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.

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, where 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 sureties resides, carries on business or has property.

Where, pursuant to subsection (2), a youth court judge orders forfeiture of a recognizance, the principal and his sureties become judgment debtors of the Crown, each in the amount that the judge orders him to pay.

Where subsection (1) is complied with, the youth court judge may, after giving the parties an opportunity to be heard, in his discretion grant or refuse the application and make any order with respect to the forfeiture of the recognizance that he considers proper.

Where a recognizance binding a young person has been endorsed with a certificate pursuant to subsection 770(1) of the Criminal Code, a youth court judge shall,

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

Every one who

Section 809 of the Criminal Code does not apply in respect of proceedings under this Act.

In proceedings under this Act, subsection 786(2) of the Criminal Code does not apply in respect of an indictable offence.

Section 650 of the Criminal Code applies in respect of proceedings under this Act, whether the proceedings relate to an indictable offence or an offence punishable on summary conviction.

For greater certainty and notwithstanding subsection (1) or any other provision of this Act, an indictable offence committed by a young person is, for the purposes of this Act or any other Act, an indictable offence.

Subject to this section and except to the extent that they are inconsistent with this Act,

A subpoena issued by a youth court and directed to a person who is not within the same province as the youth court shall be served personally on the person to whom it is directed.

Where a person is required to attend to give evidence before a youth court, the subpoena directed to that person may be issued by a youth court judge, whether or not the person whose attendance is required is within the same province as the youth court.

For the purpose of this section, an adult consulted pursuant to paragraph 56(2)(c) shall, in the absence of evidence to the contrary, be deemed not to be a person in authority.

A youth court judge may in any proceedings under this Act rule admissible any statement or waiver by a young person where, at the time of the making of the statement or waiver,

A youth court judge may rule inadmissible in any proceedings under this Act a statement given by the young person in respect of whom the proceedings are taken if the young person satisfies the judge that the statement was given under duress imposed by any person who is not, in law, a person in authority.

A young person may waive the rights under paragraph (2)(c) or (d) but any such waiver shall be videotaped or be in writing, and where it is in writing it shall contain a statement signed by the young person that the young person has been apprised of the right being waived.

The requirements set out in paragraphs (2)(b), (c) and (d) do not apply in respect of oral statements where they are made spontaneously by the young person to a peace officer or other person in authority before that person has had a reasonable opportunity to comply with those requirements.

No oral or written statement given by a young person to a peace officer or to any other person who is, in law, a person in authority on the arrest or detention of the young person or in circumstances where the peace officer or other person has reasonable grounds for believing that the young person has committed an offence is admissible against the young person unless

Subject to this section, the law relating to the admissibility of statements made by persons accused of committing offences applies in respect of young persons.

In any proceedings under this Act, the youth court may draw inferences as to the age of a person from the person’s appearance or from statements made by the person in direct examination or cross-examination.

In the absence, before the youth court, of any certificate, copy, entry or record mentioned in subsection (2), or in corroboration of any such certificate, copy, entry or record, the youth court may receive and act on any other information relating to age that it considers reliable.

In any proceedings under this Act,

In any proceedings under this Act, the testimony of a parent as to the age of a person of whom he is a parent is admissible as evidence of the age of that person.

Nothing in this section precludes a party to a proceeding from adducing evidence to prove a fact or matter admitted by another party.

A party to any proceedings under this Act may admit any relevant fact or matter for the purpose of dispensing with proof thereof, including any fact or matter the admissibility of which depends on a ruling of law or of mixed law and fact.

Where proof of service of any document is offered by affidavit or statutory declaration, it is not necessary to prove the signature or official character of the person making or taking the affidavit or declaration, if the official character of that person appears on the face thereof.

For the purposes of this Act, service of any document may be proved by oral evidence given under oath by, or by the affidavit or statutory declaration of, the person claiming to have personally served it or sent it by mail.

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

A youth court judge who acts in the place of another youth court judge pursuant to subsection 669.2(1) of the Criminal Code shall,

In any case for which forms are not prescribed under section 67, the forms set out in Part XXVIII of the Criminal Code, with such modifications as the circumstances require, or other appropriate forms, may be used.

The forms prescribed under section 67, varied to suit the case, or forms to the like effect, are valid and sufficient in the circumstances for which they are provided.

Rules of court that are made under the authority of this section shall be published in the appropriate provincial gazette.

Rules under subsection (1) may be made

Every youth court for a province may, at any time with the concurrence of a majority of the judges thereof present at a meeting held for the purpose and subject to the approval of the Lieutenant Governor in Council, establish rules of court not inconsistent with this Act or any other Act of Parliament or with any regulations made pursuant to section 67 regulating proceedings within the jurisdiction of the youth court.