Section 105 — Youth Criminal Justice Act: Conditional supervision

The provincial director of the province in which a young person on whom a youth sentence under paragraph 42(2)(o), (q) or (r) has been imposed is held in custody or, if applicable, with respect to whom an order has been made under subsection 104(1) (continuation of custody), shall cause the young person to be brought before the youth justice court at least one month before the expiry of the custodial portion of the youth sentence. The court shall, after giving the young person an opportunity to be heard, by order, set the conditions of the young person’s conditional supervision. The youth justice court shall include in the order under subsection (1) the following conditions, namely, that the young person keep the peace and be of good behaviour; appear before the youth justice court when required by the court to do so; report to the provincial director immediately on release, and then be under the supervision of the provincial director or a person designated by the youth justice court; inform the provincial director immediately on being arrested or questioned by the police; report to the police, or any named individual, as instructed by the provincial director; advise the provincial director of the young person’s address of residence on release and after release report immediately to the clerk of the youth justice court or the provincial director any change in that address, in the young person’s normal occupation, including employment, vocational or educational training and volunteer work, in the young person’s family or financial situation, and that may reasonably be expected to affect the young person’s ability to comply with the conditions of the order; not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order; and comply with any reasonable instructions that the provincial director considers necessary in respect of any condition of the conditional supervision in order to prevent a breach of that condition or to protect society. In setting conditions for the purposes of subsection (1), the youth justice court may include in the order the following conditions, namely, that the young person on release, travel directly to the young person’s place of residence, or to any other place that is noted in the order; make reasonable efforts to obtain and maintain suitable employment; attend school or any other place of learning, training or recreation that is appropriate, if the court is satisfied that a suitable program is available for the young person at such a place; reside with a parent, or any other adult that the court considers appropriate, who is willing to provide for the care and maintenance of the young person; reside in any place that the provincial director may specify; remain within the territorial jurisdiction of one or more courts named in the order; comply with conditions set out in the order that support and address the needs of the young person and promote the reintegration of the young person into the community; and comply with any other conditions set out in the order that the court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences. When a provincial director is required under subsection (1) to cause a young person to be brought before the youth justice court but cannot do so for reasons beyond the young person’s control, the provincial director shall so advise the youth justice court and the court shall, by order, set any temporary conditions for the young person’s conditional supervision that are appropriate in the circumstances. When an order is made under subsection (4), the provincial director shall bring the young person before the youth justice court as soon after the order is made as the circumstances permit and the court shall then set the conditions of the young person’s conditional supervision. For the purpose of setting conditions under this section, the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information that may be of assistance to the court. Subsections 99(2) to (7) (provisions respecting reports and notice) and 104(4) (ordering appearance of young person) apply, with any modifications that the circumstances require, in respect of any proceedings held under subsection (1). Subsections 56(1) to (4) (provisions respecting probation orders), (7) (notice to appear) and (8) (warrant in default) and section 101 (review of youth justice court decision) apply, with any modifications that the circumstances require, in respect of an order made under subsection (1).