Section 59 — Youth Criminal Justice Act: Review of youth sentences not involving custody

When a youth justice court has imposed a youth sentence in respect of a young person, other than a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the youth justice court shall, on the application of the young person, the young person’s parent, the Attorney General or the provincial director, review the youth sentence if the court is satisfied that there are grounds for a review under subsection (2). A review of a youth sentence may be made under this section on the ground that the circumstances that led to the youth sentence have changed materially; on the ground that the young person in respect of whom the review is to be made is unable to comply with or is experiencing serious difficulty in complying with the terms of the youth sentence; on the ground that the young person in respect of whom the review is to be made has contravened a condition of an order made under paragraph 42(2)(k) or (l) without reasonable excuse; on the ground that the terms of the youth sentence are adversely affecting the opportunities available to the young person to obtain services, education or employment; or on any other ground that the youth justice court considers appropriate. The youth justice court may, before reviewing under this section a youth sentence imposed in respect of a young person, require the provincial director to cause to be prepared, and to submit to the youth justice court, a progress report on the performance of the young person since the youth sentence took effect. Subsections 94(10) to (12) apply, with any modifications that the circumstances require, in respect of any progress report required under subsection (3). Subsections 94(7) and (14) to (18) apply, with any modifications that the circumstances require, in respect of reviews made under this section and any notice required under subsection 94(14) shall also be given to the provincial director. The youth justice 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 justice court for the purposes of the review. When a youth justice court reviews under this section a youth sentence imposed in respect of a young person, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard, confirm the youth sentence; terminate the youth sentence and discharge the young person from any further obligation of the youth sentence; or vary the youth sentence or impose any new youth sentence under section 42, other than a committal to custody, for any period of time, not exceeding the remainder of the period of the earlier youth sentence, that the court considers appropriate in the circumstances of the case. Subject to subsections (9) and (10), when a youth sentence imposed in respect of a young person is reviewed under this section, no youth sentence imposed under subsection (7) shall, without the consent of the young person, be more onerous than the remainder of the youth sentence reviewed. A youth justice court may under this section extend the time within which a youth sentence imposed under paragraphs 42(2)(d) to (i) is to be complied with by a young person if the court is satisfied that the young person requires more time to comply with the youth sentence, but in no case shall the extension be for a period of time that expires more than twelve months after the date the youth sentence would otherwise have expired. In the case of a review of a youth sentence made on the ground set out in paragraph (2)(c), the youth justice court may, in accordance with paragraph 38 (2)(e.1), impose on the young person additional or more onerous conditions if it is of the opinion that the conditions would better protect against the risk of harm to the safety of the public that the young person might otherwise present; or would assist the young person to comply with any conditions previously imposed as part of that sentence.