Youth Criminal Justice Act

This Act may be cited as the Youth Criminal Justice Act.

The definitions in this subsection apply in this Act.

adult means a person who is neither a young person nor a child. (adulte)

adult sentence, in the case of a young person who is found guilty of an offence, means any sentence that could be imposed on an adult who has been convicted of the same offence. (peine applicable aux adultes)

Attorney General means the Attorney General as defined in section 2 of the Criminal Code, read as if the reference in that definition to “proceedings” were a reference to “proceedings or extrajudicial measures”, and includes an agent or delegate of the Attorney General. (procureur général)

child means a person who is or, in the absence of evidence to the contrary, appears to be less than twelve years old. (enfant)

conference means a group of persons who are convened to give advice in accordance with section 19. (groupe consultatif)

confirmed delivery service means certified or registered mail or any other method of service that provides proof of delivery. (service de messagerie)

custodial portion, with respect to a youth sentence imposed on a young person under paragraph 42(2)(n), (o), (q) or (r), means the period of time, or the portion of the young person’s youth sentence, that must be served in custody before he or she begins to serve the remainder under supervision in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r). (période de garde)

disclosure means the communication of information other than by way of publication. (communication)

extrajudicial measures means measures other than judicial proceedings under this Act used to deal with a young person alleged to have committed an offence and includes extrajudicial sanctions. (mesures extrajudiciaires)

extrajudicial sanction means a sanction that is part of a program referred to in section 10. (sanction extrajudiciaire)

offence means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made under an Act of Parliament other than a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut. (infraction)

parent includes, in respect of a young person, any person who is under a legal duty to provide for the young person or any person who has, in law or in fact, the custody or control of the young person, but does not include a person who has the custody or control of the young person by reason only of proceedings under this Act. (père ou mère ou père et mère)

pre-sentence report means a report on the personal and family history and present environment of a young person made in accordance with section 40. (rapport prédécisionnel)

presumptive offence[Repealed, 2012, c. 1, s. 167]

provincial director means a person, a group or class of persons or a body appointed or designated by or under an Act of the legislature of a province or by the lieutenant governor in council of a province or his or her delegate to perform in that province, either generally or in a specific case, any of the duties or functions of a provincial director under this Act. (directeur provincial ou directeur)

publication means the communication of information by making it known or accessible to the general public through any means, including print, radio or television broadcast, telecommunication or electronic means. (publication)

record includes any thing containing information, regardless of its physical form or characteristics, including microform, sound recording, videotape, machine-readable record, and any copy of any of those things, that is created or kept for the purposes of this Act or for the investigation of an offence that is or could be prosecuted under this Act. (dossier)

review board means a review board referred to in subsection 87(2). (commission d’examen)

serious offence means an indictable offence under an Act of Parliament for which the maximum punishment is imprisonment for five years or more. (infraction grave)

serious violent offence means an offence under one of the following provisions of the Criminal Code:

section 231 or 235 (first degree murder or second degree murder);

section 239 (attempt to commit murder);

section 232, 234 or 236 (manslaughter); or

section 273 (aggravated sexual assault). (infraction grave avec violence)

violent offence means

an offence committed by a young person that includes as an element the causing of bodily harm;

an attempt or a threat to commit an offence referred to in paragraph (a); or

an offence in the commission of which a young person endangers the life or safety of another person by creating a substantial likelihood of causing bodily harm. (infraction avec violence)

young person means a person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old and, if the context requires, includes any person who is charged under this Act with having committed an offence while he or she was a young person or who is found guilty of an offence under this Act. (adolescent)

youth custody facility means a facility designated under subsection 85(2) for the placement of young persons and, if so designated, includes a facility for the secure restraint of young persons, a community residential centre, a group home, a child care institution and a forest or wilderness camp. (lieu de garde)

youth justice court means a youth justice court referred to in section 13. (tribunal pour adolescents)

youth justice court judge means a youth justice court judge referred to in section 13. (juge du tribunal pour adolescents)

youth sentence means a sentence imposed under section 42, 51 or 59 or any of sections 94 to 96 and includes a confirmation or a variation of that sentence. (peine spécifique)

youth worker means any person appointed or designated, whether by title of youth worker or probation officer or by any other title, by or under an Act of the legislature of a province or by the lieutenant governor in council of a province or his or her delegate to perform in that province, either generally or in a specific case, any of the duties or functions of a youth worker under this Act. (délégué à la jeunesse)

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

If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.

The following principles apply in this Act:

the youth criminal justice system is intended to protect the public by

holding young persons accountable through measures that are proportionate to the seriousness of the offence and the degree of responsibility of the young person,

promoting the rehabilitation and reintegration of young persons who have committed offences, and

supporting the prevention of crime by referring young persons to programs or agencies in the community to address the circumstances underlying their offending behaviour;

the criminal justice system for young persons must be separate from that of adults, must be based on the principle of diminished moral blameworthiness or culpability and must emphasize the following:

rehabilitation and reintegration,

fair and proportionate accountability that is consistent with the greater dependency of young persons and their reduced level of maturity,

enhanced procedural protection to ensure that young persons are treated fairly and that their rights, including their right to privacy, are protected,

timely intervention that reinforces the link between the offending behaviour and its consequences, and

the promptness and speed with which persons responsible for enforcing this Act must act, given young persons’ perception of time;

within the limits of fair and proportionate accountability, the measures taken against young persons who commit offences should

reinforce respect for societal values,

encourage the repair of harm done to victims and the community,

be meaningful for the individual young person given his or her needs and level of development and, where appropriate, involve the parents, the extended family, the community and social or other agencies in the young person’s rehabilitation and reintegration, and

respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements; and

special considerations apply in respect of proceedings against young persons and, in particular,

young persons have rights and freedoms in their own right, such as a right to be heard in the course of and to participate in the processes, other than the decision to prosecute, that lead to decisions that affect them, and young persons have special guarantees of their rights and freedoms,

victims should be treated with courtesy, compassion and respect for their dignity and privacy and should suffer the minimum degree of inconvenience as a result of their involvement with the youth criminal justice system,

victims should be provided with information about the proceedings and given an opportunity to participate and be heard, and

parents should be informed of measures or proceedings involving their children and encouraged to support them in addressing their offending behaviour.

This Act shall be liberally construed so as to ensure that young persons are dealt with in accordance with the principles set out in subsection (1).

The following principles apply in this Part in addition to the principles set out in section 3:

extrajudicial measures are often the most appropriate and effective way to address youth crime;

extrajudicial measures allow for effective and timely interventions focused on correcting offending behaviour;

extrajudicial measures are presumed to be adequate to hold a young person accountable for his or her offending behaviour if the young person has committed a non-violent offence and has not previously been found guilty of an offence; and

extrajudicial measures should be used if they are adequate to hold a young person accountable for his or her offending behaviour and, if the use of extrajudicial measures is consistent with the principles set out in this section, nothing in this Act precludes their use in respect of a young person who

has previously been dealt with by the use of extrajudicial measures, or

has previously been found guilty of an offence.

Extrajudicial measures are presumed to be adequate to hold a young person accountable for a failure or refusal referred to in section 137 and for a failure referred to in section 496 of the Criminal Code unless

the young person has a history of repetitive failures or refusals; or

the young person’s failure or refusal caused harm, or a risk of harm, to the safety of the public.

In the cases referred to in paragraphs (1)(a) and (b),

extrajudicial measures should be used if they are adequate to hold the young person accountable for the failure or refusal; and

if the use of extrajudicial measures would not be adequate under paragraph (a), but issuing an appearance notice under section 496 (judicial referral hearing) of the Criminal Code or making an application for review of the youth sentence referred to in section 59(1) as an alternative to proceeding by charge would be adequate, then the applicable alternative should be used.

Extrajudicial measures should be designed to

provide an effective and timely response to offending behaviour outside the bounds of judicial measures;

encourage young persons to acknowledge and repair the harm caused to the victim and the community;

encourage families of young persons — including extended families where appropriate — and the community to become involved in the design and implementation of those measures;

provide an opportunity for victims to participate in decisions related to the measures selected and to receive reparation; and

respect the rights and freedoms of young persons and be proportionate to the seriousness of the offence.

A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in sections 4 and 4.1, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person not to commit offences.

The failure of a police officer to consider the options set out in subsection (1) does not invalidate any subsequent charges against the young person for the offence.

The Attorney General, or any other minister designated by the lieutenant governor of a province, may establish a program authorizing the police to administer cautions to young persons instead of starting judicial proceedings under this Act.

The Attorney General may establish a program authorizing prosecutors to administer cautions to young persons instead of starting or continuing judicial proceedings under this Act.

Evidence that a young person has received a warning, caution or referral mentioned in section 6, 7 or 8 or that a police officer has taken no further action in respect of an offence, and evidence of the offence, is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a youth justice court in respect of the young person.

An extrajudicial sanction may be used to deal with a young person alleged to have committed an offence only if the young person cannot be adequately dealt with by a warning, caution or referral mentioned in section 6, 7 or 8 because of the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances.

An extrajudicial sanction may be used only if

it is part of a program of sanctions that may be authorized by the Attorney General or authorized by a person, or a member of a class of persons, designated by the lieutenant governor in council of the province;

the person who is considering whether to use the extrajudicial sanction is satisfied that it would be appropriate, having regard to the needs of the young person and the interests of society;

the young person, having been informed of the extrajudicial sanction, fully and freely consents to be subject to it;

the young person has, before consenting to be subject to the extrajudicial sanction, been advised of his or her right to be represented by counsel and been given a reasonable opportunity to consult with counsel;

the young person accepts responsibility for the act or omission that forms the basis of the offence that he or she is alleged to have committed;

there is, in the opinion of the Attorney General, sufficient evidence to proceed with the prosecution of the offence; and

the prosecution of the offence is not in any way barred at law.

An extrajudicial sanction may not be used in respect of a young person who

denies participation or involvement in the commission of the offence; or

expresses the wish to have the charge dealt with by a youth justice court.

Any admission, confession or statement accepting responsibility for a given act or omission that is made by a young person as a condition of being dealt with by extrajudicial measures is inadmissible in evidence against any young person in civil or criminal proceedings.

The use of an extrajudicial sanction in respect of a young person alleged to have committed an offence is not a bar to judicial proceedings under this Act, but if a charge is laid against the young person in respect of the offence,

the youth justice court shall dismiss the charge if it is satisfied on a balance of probabilities that the young person has totally complied with the terms and conditions of the extrajudicial sanction; and

the youth justice court may dismiss the charge if it is satisfied on a balance of probabilities that the young person has partially complied with the terms and conditions of the extrajudicial sanction and if, in the opinion of the court, prosecution of the charge would be unfair having regard to the circumstances and the young person’s performance with respect to the extrajudicial sanction.

Subject to subsection (5) and section 24 (private prosecutions only with consent of Attorney General), nothing in this section shall be construed as preventing any person from laying an information or indictment, obtaining the issue or confirmation of any process or proceeding with the prosecution of any offence in accordance with law.

If a young person is dealt with by an extrajudicial sanction, the person who administers the program under which the sanction is used shall inform a parent of the young person of the sanction.

If a young person is dealt with by an extrajudicial sanction, a police officer, the Attorney General, the provincial director or any organization established by a province to provide assistance to victims shall, on request, inform the victim of the identity of the young person and how the offence has been dealt with.

A youth justice court is any court that may be established or designated by or under an Act of the legislature of a province, or designated by the Governor in Council or the lieutenant governor in council of a province, as a youth justice court for the purposes of this Act, and a youth justice court judge is a person who may be appointed or designated as a judge of the youth justice court or a judge sitting in a court established or designated as a youth justice court.

When a young person elects to be tried by a judge without a jury, the judge shall be a judge as defined in section 552 of the Criminal Code, or if it is an offence set out in section 469 of that Act, the judge shall be a judge of the superior court of criminal jurisdiction in the province in which the election is made. In either case, the judge is deemed to be a youth justice court judge and the court is deemed to be a youth justice court for the purpose of the proceeding.

When a young person elects or is deemed to have elected to be tried by a court composed of a judge and jury, the superior court of criminal jurisdiction in the province in which the election is made or deemed to have been made is deemed to be a youth justice court for the purpose of the proceeding, and the superior court judge is deemed to be a youth justice court judge.

A youth justice court is a court of record.

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

A youth justice court has exclusive jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years), 810.03 (recognizance — fear of domestic violence) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code and the provisions of this Act apply, with any modifications that the circumstances require. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it…

Unless the Attorney General and the young person agree, no extrajudicial measures shall be taken or judicial proceedings commenced under this Act in respect of an offence after the end of the time limit set out in any other Act of Parliament or any regulation made under it for the institution of proceedings in respect of that offence.

Extrajudicial measures taken or judicial proceedings commenced under this Act against a young person may be continued under this Act after the person attains the age of eighteen years.

This Act applies to persons eighteen years old or older who are alleged to have committed an offence while a young person.

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

A judge of a superior court of criminal jurisdiction, when deemed to be a youth justice court judge for the purpose of a proceeding, retains the jurisdiction and powers of a superior court of criminal jurisdiction.

Every youth justice 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.

A youth justice court has jurisdiction in respect of every contempt of court committed by a young person against the youth justice 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.

A youth justice 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 justice court in the face of the youth justice 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.

When a youth justice court or any other court finds a young person guilty of contempt of court, it may impose as a youth sentence any one of the sanctions set out in subsection 42(2) (youth sentences), or any number of them that are not inconsistent with each other, but no other sentence.

Section 708 (contempt) of the Criminal Code applies in respect of proceedings under this section in youth justice court against adults, with any modifications that the circumstances require.

When a person is alleged to have committed an offence during a period that includes the date on which the person attains the age of eighteen years, the youth justice court has jurisdiction in respect of the offence and shall, after putting the person to their election under section 67 (adult sentence) if applicable, and on finding the person guilty of the offence,

if it has been proven that the offence was committed before the person attained the age of eighteen years, impose a sentence under this Act;

if it has been proven that the offence was committed after the person attained the age of eighteen years, impose any sentence that could be imposed under the Criminal Code or any other Act of Parliament on an adult who has been convicted of the same offence; and

if it has not been proven that the offence was committed after the person attained the age of eighteen years, impose a sentence under this Act.

The youth justice court for a province may, subject to the approval of the lieutenant governor in council of the province, establish rules of court not inconsistent with this Act or any other Act of Parliament or with any regulations made under section 155 regulating proceedings within the jurisdiction of the youth justice court.

Rules under subsection (1) may be made

generally to regulate the duties of the officers of the youth justice court and any other matter considered expedient to attain the ends of justice and carry into effect the provisions of this Act;

subject to any regulations made under paragraph 155(b), to regulate the practice and procedure in the youth justice court; and

to prescribe forms to be used in the youth justice court if they are not otherwise provided for by or under this Act.

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

The Attorney General of Canada or a province or any other minister that the lieutenant governor in council of the province may designate may establish one or more committees of citizens, to be known as youth justice committees, to assist in any aspect of the administration of this Act or in any programs or services for young persons.

The functions of a youth justice committee may include the following:

in the case of a young person alleged to have committed an offence,

giving advice on the appropriate extrajudicial measure to be used in respect of the young person,

supporting any victim of the alleged offence by soliciting his or her concerns and facilitating the reconciliation of the victim and the young person,

ensuring that community support is available to the young person by arranging for the use of services from within the community, and enlisting members of the community to provide short-term mentoring and supervision, and

when the young person is also being dealt with by a child protection agency or a community group, helping to coordinate the interaction of the agency or group with the youth criminal justice system;

advising the federal and provincial governments on whether the provisions of this Act that grant rights to young persons, or provide for the protection of young persons, are being complied with;

advising the federal and provincial governments on policies and procedures related to the youth criminal justice system;

providing information to the public in respect of this Act and the youth criminal justice system;

acting as a conference; and

any other functions assigned by the person who establishes the committee.

A youth justice court judge, the provincial director, a police officer, a justice of the peace, a prosecutor or a youth worker may convene or cause to be convened a conference for the purpose of making a decision required to be made under this Act.

The mandate of a conference may be, among other things, to give advice on appropriate extrajudicial measures, conditions for judicial interim release, sentences, including the review of sentences, and reintegration plans.

The Attorney General or any other minister designated by the lieutenant governor in council of a province may establish rules for the convening and conducting of conferences other than conferences convened or caused to be convened by a youth justice court judge or a justice of the peace.

In provinces where rules are established under subsection (3), the conferences to which those rules apply must be convened and conducted in accordance with those rules.

Any proceeding that may be carried out before a justice under the Criminal Code, other than a plea, a trial or an adjudication, may be carried out before a justice in respect of an offence alleged to have been committed by a young person, and any process that may be issued by a justice under the Criminal Code may be issued by a justice in respect of an offence alleged to have been committed by a young person.

Despite subsection 14(2), a justice has jurisdiction to make an order under section 810 (recognizance — fear of injury or damage) of the Criminal Code in respect of a young person. If the young person fails or refuses to enter into a recognizance referred to in that section, the justice shall refer the matter to a youth justice court.

In addition to any powers conferred on a clerk of a court by the Criminal Code, a clerk of the youth justice court may exercise the powers ordinarily exercised by a clerk of a court, and, in particular, may

administer oaths or solemn affirmations in all matters relating to the business of the youth justice court; and

in the absence of a youth justice court judge, exercise all the powers of a youth justice court judge relating to adjournment.

The provincial director may authorize any person to exercise the powers or perform the duties or functions of the provincial director under this Act, in which case the powers, duties or functions are deemed to have been exercised or performed by the provincial director.

The Attorney General may establish a program of pre-charge screening that sets out the circumstances in which the consent of the Attorney General must be obtained before a young person is charged with an offence.

Any program of pre-charge screening of young persons that is established under an Act of the legislature of a province or by a directive of a provincial government, and that is in place before the coming into force of this section, is deemed to be a program of pre-charge screening for the purposes of subsection (1).

No prosecutions may be conducted by a prosecutor other than the Attorney General without the consent of the Attorney General.

If a charge for which an appearance notice, summons or release order was issued, or an undertaking was given, is dismissed, withdrawn or stayed, or the young person is acquitted of that charge, the Attorney General must review any charge pending against the young person under any of subsections 145(2) to (5) of the Criminal Code for failure to comply with the appearance notice, summons, release order or undertaking in order to determine whether the prosecution of the charge should proceed.

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 before and during any consideration of whether, instead of starting or continuing judicial proceedings against the young person under this Act, to use an extrajudicial sanction to deal with the young person.

Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer of the right to retain and instruct counsel, and be given an opportunity to obtain counsel.

When a young person is not represented by counsel the justice or youth justice court before which the hearing, trial or review is held, or the review board before which the review is held, shall advise the young person of the right to retain and instruct counsel and shall give the young person a reasonable opportunity to obtain counsel.

at a hearing at which it will be determined whether to release the young person or detain the young person in custody,

at a hearing held in relation to an order referred to in subsection 14(2) or 20(2),

at a hearing held under section 71 (hearing — adult sentences),

at trial,

at any proceedings held under subsection 98(3) (continuation of custody), 103(1) (review by youth justice court), 104(1) (continuation of custody), 105(1) (conditional supervision) or 109(1) (review of decision),

at a review of a youth sentence held before a youth justice court under this Act, or

at a review of the level of custody under section 87,

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

shall, if there is a legal aid program or an assistance program available in the province where the hearing, trial or review is held, refer the young person to that program for the appointment of counsel; or

if no legal aid program or assistance program is available or the young person is unable to obtain counsel through the program, may, and on the request of the young person shall, direct that the young person be represented by counsel.

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

When a young person, at a hearing referred to in paragraph (3)(a) or (a.1) that is held before a justice who is not a youth justice court judge, wishes to obtain counsel but is unable to do so, the justice shall

if there is a legal aid program or an assistance program available in the province where the hearing is held,

refer the young person to that program for the appointment of counsel, or

refer the matter to a youth justice court to be dealt with in accordance with paragraph (4)(a) or (b); or

if no legal aid program or assistance program is available or the young person is unable to obtain counsel through the program, refer the matter without delay to a youth justice court to be dealt with in accordance with paragraph (4)(b).

When a young person is not represented by counsel at trial or at a hearing or review referred to in subsection (3), the justice before whom or the youth justice 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.

If it appears to a youth justice court judge or a justice that the interests of a young person and the interests of a parent are in conflict or that it would be in the best interests of the young person to be represented by his or her own counsel, the judge or justice shall ensure that the young person is represented by counsel independent of the parent.

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

any appearance notice or summons issued to the young person;

any warrant to arrest the young person;

any undertaking entered into before a peace officer by the young person;

[Repealed, 2019, c. 25, s. 364]

any notice given to the young person in relation to any proceedings held under subsection 98(3) (continuation of custody), 103(1) (review by youth justice court), 104(1) (continuation of custody), 105(1) (conditional supervision) or 109(1) (review of decision); or

any notice of a review of a youth sentence given to the young person.

Nothing in this Act prevents the lieutenant governor in council of a province or his or her delegate from establishing a program to authorize the recovery of the costs of a young person’s counsel from the young person or the parents of the young person. The costs may be recovered only after the proceedings are completed and the time allowed for the taking of an appeal has expired or, if an appeal is taken, all proceedings in respect of the appeal have been completed.

Subsections (4) to (9) do not apply to a person who is alleged to have committed an offence while a young person, if the person has attained the age of twenty years at the time of his or her first appearance before a youth justice court in respect of the offence; however, this does not restrict any rights that a person has under the law applicable to adults.