Youth Criminal Justice Act
Sections and provisions with full text and the judgments that cite each one.
Section 97 — Conditions to be included in custody and supervision order
Every youth sentence imposed under paragraph 42(2)(n) shall contain the following conditions, namely, that the young person, while serving the portion of the youth sentence under supervision in the…
Section 98 — Application for continuation of custody
Within a reasonable time before the expiry of the custodial portion of a young person’s youth sentence, the Attorney General or the provincial director may apply to the youth justice court for an…
Section 99 — Report
For the purpose of determining an application under section 98 (application for continuation of custody), the youth justice court shall require the provincial director to cause to be prepared, and to…
Section 100 — Reasons
When a youth justice court makes an order under subsection 98(3) (decision for continued custody), it shall state its reasons for the order in the record of the case and shall provide, or cause to be…
Section 101 — Review of youth justice court decision
An order made under subsection 98(3) (decision for continued custody) in respect of a young person, or the refusal to make such an order, shall, on application of the young person, the young person’s…
Section 102 — Breach of conditions
If the provincial director has reasonable grounds to believe that a young person has breached or is about to breach a condition to which he or she is subject under section 97 (conditions to be…
Section 103 — Review by youth justice court
When the case of a young person is referred to the youth justice court under section 108 (review by provincial director), the provincial director shall, without delay, cause the young person to be…
Section 104 — Continuation of custody
When a young person on whom a youth sentence under paragraph 42(2)(o), (q) or (r) has been imposed is held in custody and an application is made to the youth justice court by the Attorney General,…
Section 105 — 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…
Section 106 — Suspension of conditional supervision
If the provincial director has reasonable grounds to believe that a young person has breached or is about to breach a condition of an order made under subsection 105(1), the provincial director may,…
Section 107 — Apprehension
If the conditional supervision of a young person is suspended under section 106, the provincial director may issue a warrant in writing, authorizing the apprehension of the young person and, until…
Section 108 — Review by provincial director
Without delay after the remand to custody of a young person whose conditional supervision has been suspended under section 106, or without delay after being informed of the arrest of such a young…
Section 109 — Review by youth justice court
If the case of a young person is referred to the youth justice court under section 108, the provincial director shall, without delay, cause the young person to be brought before the youth justice…
Section 110 — Identity of offender not to be published
Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with…
Section 111 — Identity of victim or witness not to be published
Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as…
Section 112 — Non-application
Once information is published under subsection 110(3) or (6) or 111(2) or (3), subsection 110(1) (identity of offender not to be published) or 111(1) (identity of victim or witness not to be…
Section 113 — Identification of Criminals Act applies
The Identification of Criminals Act applies in respect of young persons. No fingerprint, palmprint or photograph or other measurement, process or operation referred to in the Identification of…
Section 114 — Youth justice court, review board and other courts
A youth justice court, review board or any court dealing with matters arising out of proceedings under this Act may keep a record of any case that comes before it arising under this Act.
Section 115 — Police records
A record relating to any offence alleged to have been committed by a young person, including the original or a copy of any fingerprints or photographs of the young person, may be kept by any police…
Section 116 — Government records
A department or an agency of any government in Canada may keep records containing information obtained by the department or agency for the purposes of an investigation of an offence alleged to have…
Section 117 — Exception — adult sentence
Sections 118 to 129 do not apply to records kept in respect of an offence for which an adult sentence has been imposed once the time allowed for the taking of an appeal has expired or, if an appeal…
Section 118 — No access unless authorized
Except as authorized or required by this Act, no person shall be given access to a record kept under sections 114 to 116, and no information contained in it may be given to any person, where to do so…
Section 119 — Persons having access to records
Subject to subsections (4) to (6), from the date that a record is created until the end of the applicable period set out in subsection (2), the following persons, on request, shall be given access to…
Section 120 — Access to R.C.M.P. records
The following persons may, during the period set out in subsection (3), be given access to a record kept under subsection 115(3) in respect of an offence set out in the schedule: the young person to…
Section 121 — Deemed election
For the purposes of sections 119 and 120, if 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 is…
Section 122 — Disclosure of information and copies of record
A person who is required or authorized to be given access to a record under section 119, 120, 123 or 124 may be given any information contained in the record and may be given a copy of any part of…
Section 123 — Where records may be made available
A youth justice court judge may, on application by a person after the end of the applicable period set out in subsection 119(2), order that the person be given access to all or part of a record kept…
Section 124 — Access to record by young person
A young person to whom a record relates and his or her counsel may have access to the record at any time.
Section 125 — Disclosure by peace officer during investigation
A peace officer may disclose to any person any information in a record kept under section 114 (court records) or 115 (police records) that it is necessary to disclose in the conduct of the…
Section 126 — Records in the custody, etc., of archivists
When records originally kept under sections 114 to 116 are under the custody or control of the Librarian and Archivist of Canada or the archivist for any province, that person may disclose any…
Section 127 — Disclosure with court order
The youth justice court may, on the application of the provincial director, the Attorney General or a peace officer, make an order permitting the applicant to disclose to the person or persons…
Section 128 — Effect of end of access periods
Subject to sections 123, 124 and 126, after the end of the applicable period set out in section 119 or 120 no record kept under sections 114 to 116 may be used for any purpose that would identify the…
Section 129 — No subsequent disclosure
No person who is given access to a record or to whom information is disclosed under this Act shall disclose that information to any other person unless the disclosure is authorized under this Act.
Section 130 — Disqualification of judge
Subject to subsection (2), a youth justice court judge who, prior to an adjudication in respect of a young person charged with an offence, examines a pre-sentence report made in respect of the young…
Section 131 — Powers of substitute youth justice court judge
A youth justice court judge who acts in the place of another youth justice court judge under subsection 669.2(1) (continuation of proceedings) of the Criminal Code shall if an adjudication has been…
Section 132 — Exclusion from hearing
Subject to subsection (2), a court or justice before whom proceedings are carried out under this Act may exclude any person from all or part of the proceedings if the court or justice considers that…
Section 133 — Transfer of charges
Despite subsections 478(1) and (3) of the Criminal Code , a young person charged with an offence that is alleged to have been committed in one province may, if the Attorney General of the province…
Section 134 — Applications for forfeiture
Applications for the forfeiture of amounts set out in undertakings, release orders or recognizances binding young persons shall be made to the youth justice court.
Section 135 — Proceedings in case of default
If an undertaking, release order or recognizance binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code , a youth justice court judge shall on the…
Section 136 — Inducing a young person, etc.
Every person who induces or assists a young person to leave unlawfully a place of custody or other place in which the young person has been placed in accordance with a youth sentence or a disposition…
Section 137 — Failure to comply with sentence or disposition
Every person who is subject to a youth sentence imposed under any of paragraphs 42(2)(c) to (m) or (s) of this Act, to a victim fine surcharge ordered under subsection 53(2) of this Act or to a…
Section 138 — Offences
Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized)…
Section 139 — Offence and punishment
Every person who wilfully fails to comply with section 30 (designated place of temporary detention), or with an undertaking entered into under subsection 31(3) (condition of placement), is guilty of…
Section 140 — Application of Criminal Code
Except to the extent that it is inconsistent with or excluded by this Act, the provisions of the Criminal Code apply, with any modifications that the circumstances require, in respect of offences…
Section 141 — Sections of Criminal Code applicable
Except to the extent that they are inconsistent with or excluded by this Act, section 16 (defence of mental disorder) and Part XX.1 (mental disorder) of the Criminal Code apply, with any…
Section 142 — Part XXVII and summary conviction trial provisions of Criminal Code to apply
Subject to this section and except to the extent that they are inconsistent with this Act, the provisions of Part XXVII (summary conviction offences) of the Criminal Code , and any other provisions…
Section 143 — Counts charged in information
Indictable offences and offences punishable on summary conviction may under this Act be charged in the same information or indictment and tried jointly.
Section 144 — Issue of subpoena
If a person is required to attend to give evidence before a youth justice court, the subpoena directed to that person may be issued by a youth justice court judge, whether or not the person whose…
Section 145 — Warrant
A warrant issued by a youth justice court may be executed anywhere in Canada.
Section 146 — General law on admissibility of statements to apply
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. No oral or written statement made by a…