Youth Criminal Justice Act
Sections and provisions with full text and the judgments that cite each one.
Section 47 — Committal to custody deemed continuous
Subject to subsections (2) and (3), a young person who is sentenced under paragraph 42(2)(n) is deemed to be committed to continuous custody for the custodial portion of the sentence. If the sentence…
Section 48 — Reasons for the sentence
When a youth justice court imposes a youth sentence, it shall state its reasons for the sentence in the record of the case and shall, on request, give or cause to be given a copy of the sentence and…
Section 49 — Warrant of committal
When a young person is committed to custody, the youth justice court shall issue or cause to be issued a warrant of committal. A young person who is committed to custody may, in the course of being…
Section 50 — Application of Part XXIII of Criminal Code
Subject to section 74 (application of Criminal Code to adult sentences), Part XXIII (sentencing) of the Criminal Code does not apply in respect of proceedings under this Act except for paragraph…
Section 51 — Mandatory prohibition order
Despite section 42 (youth sentences), when 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 justice court shall, in…
Section 52 — Review of order made under section 51
A youth justice court may, on application, review an order made under section 51 at any time after the end of the period set out in subsection 119(2) (period of access to records) that applies to the…
Section 53 — Funding for victims
The lieutenant governor in council of a province may order that, in respect of any fine imposed in the province under paragraph 42(2)(d), a percentage of the fine as fixed by the lieutenant governor…
Section 54 — Where a fine or other payment is ordered
The youth justice court shall, in imposing a fine under paragraph 42(2)(d) or in making an order under paragraph 42(2)(e) or (g), have regard to the present and future means of the young person to…
Section 55 — Condition that must appear in orders
The youth justice court shall prescribe, as a condition of an order made under paragraph 42(2)(k) or (l), that the young person appear before the youth justice court when required by the court to do…
Section 56 — Communication of order
A youth justice court that makes an order under paragraph 42(2)(k) or (l) shall cause the order to be read by or to the young person bound by it; explain or cause to be explained to the young person…
Section 57 — Transfer of youth sentence
When a youth sentence has been imposed under any of paragraphs 42(2)(d) to (i), (k), (l) or (s) in respect of a young person and the young person or a parent with whom the young person resides is or…
Section 58 — Interprovincial arrangements
When a youth sentence has been imposed under any of paragraphs 42(2)(k) to (r) in respect of a young person, the youth sentence in one province may be dealt with in any other province in accordance…
Section 59 — 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…
Section 60 — Provisions applicable to youth sentences on review
This Part and Part 5 (custody and supervision) apply with any modifications that the circumstances require to orders made in respect of reviews of youth sentences under sections 59 and 94 to 96.
Section 61
[Repealed, 2012, c. 1, s. 175]
Section 62
[Repealed, 2012, c. 1, s. 175]
Section 63
[Repealed, 2012, c. 1, s. 175]
Section 64 — Application by Attorney General
The Attorney General may, before evidence is called as to sentence or, if no evidence is called, before submissions are made as to sentence, make an application to the youth justice court for an…
Section 65
[Repealed, 2012, c. 1, s. 177]
Section 66
[Repealed, 2012, c. 1, s. 177]
Section 67 — Election — adult sentence
The youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (2) if [Repealed, 2012, c. 1, s. 178] the Attorney…
Section 68
[Repealed, 2012, c. 1, s. 179]
Section 69
[Repealed, 2012, c. 1, s. 180] If the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence and the young person is found guilty of an included offence…
Section 70
[Repealed, 2012, c. 1, s. 181]
Section 71 — Hearing — adult sentences
The youth justice court shall, at the commencement of the sentencing hearing, hold a hearing in respect of an application under subsection 64(1) (application for adult sentence), unless the court has…
Section 72 — Order of adult sentence
The youth justice court shall order that an adult sentence be imposed if it is satisfied that the presumption of diminished moral blameworthiness or culpability of the young person is rebutted; and a…
Section 73 — Court must impose adult sentence
When the youth justice court makes an order under subsection 72(1) in respect of a young person, the court shall, on a finding of guilt, impose an adult sentence on the young person. When the youth…
Section 74 — Application of Parts XXIII and XXIV of Criminal Code
Parts XXIII (sentencing) and XXIV (dangerous and long-term offenders) of the Criminal Code apply to a young person in respect of whom the youth justice court has ordered that an adult sentence be…
Section 75
[Repealed, 2019, c. 25, s. 377]
Section 76 — Placement when subject to adult sentence
Subject to subsections (2) and (9) and sections 79 and 80 and despite anything else in this Act or any other Act of Parliament, when a young person who is subject to an adult sentence in respect of…
Section 77 — Obligation to inform — parole
When a young person is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence), the provincial director shall inform…
Section 78 — Release entitlement
For greater certainty, section 6 of the Prisons and Reformatories Act applies to a young person who is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a)…
Section 79 — If person convicted under another Act
If a person who is serving all or a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) is sentenced to a term of imprisonment under…
Section 80 — If person who is serving a sentence under another Act is sentenced to an adult sentence
If a person who has been serving a sentence of imprisonment under an Act of Parliament other than this Act is sentenced to an adult sentence of imprisonment under this Act, the sentences shall be…
Section 81 — Procedure for application or notice
An application or a notice to the court under section 64 or 76 must be made or given orally, in the presence of the other party, or in writing with a copy served personally on the other party.
Section 82 — Effect of absolute discharge or termination of youth sentence
Subject to section 12 (examination as to previous convictions) of the Canada Evidence Act , if a young person is found guilty of an offence, and a youth justice court directs under paragraph 42(2)(b)…
Section 83 — Purpose
The purpose of the youth custody and supervision system is to contribute to the protection of society by carrying out sentences imposed by courts through the safe, fair and humane custody and…
Section 84 — Young person to be held apart from adults
Subject to subsection 30(3) (pre-trial detention), paragraphs 76(1)(b) and (c) (placement in adult facilities with adult sentence) and sections 89 to 93 (placement in adult facilities with youth…
Section 85 — Levels of custody
In the youth custody and supervision system in each province there must be at least two levels of custody for young persons distinguished by the degree of restraint of the young persons in them.…
Section 86 — Procedural safeguards
The lieutenant governor in council of a province shall ensure that procedures are in place to ensure that the due process rights of the young person are protected with respect to a determination made…
Section 87 — Review
A young person may apply for a review under this section of a determination under subsection 85(3) that would place the young person in a facility at a level of custody that has more than a minimal…
Section 88 — Functions to be exercised by youth justice court
The lieutenant governor in council of a province may order that the power to make determinations of the level of custody for young persons and to review those determinations be exercised in…
Section 89 — Exception if young person is twenty years old or older
When a young person is twenty years old or older at the time the youth sentence is imposed on him or her under paragraph 42(2)(n), (o), (q) or (r), the young person shall, despite section 85, be…
Section 90 — Youth worker
When a youth sentence is imposed committing a young person to custody, the provincial director of the province in which the young person received the youth sentence and was placed in custody shall,…
Section 91 — Reintegration leave
The provincial director of a province may, subject to any terms or conditions that he or she considers desirable, authorize, for a young person committed to a youth custody facility in the province…
Section 92 — Transfer to adult facility
When a young person is committed to custody under paragraph 42(2)(n), (o), (q) or (r), the youth justice court may, on application of the provincial director made at any time after the young person…
Section 93 — When young person reaches twenty years of age
When a young person who is committed to custody under paragraph 42(2)(n), (o), (q) or (r) is in a youth custody facility when the young person attains the age of twenty years, the young person shall…
Section 94 — Annual review
When a young person is committed to custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r) for a period exceeding one year, the provincial director of the province in which…
Section 95 — Orders are youth sentences
Orders under subsections 97(2) (conditions) and 98(3) (continuation of custody), paragraph 103(2)(b) (continuation of custody), subsections 104(1) (continuation of custody) and 105(1) (conditional…
Section 96 — Recommendation of provincial director for conditional supervision of young person
When a young person is held in custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the provincial director may, if satisfied that the needs of the young person and the…