Youth Criminal Justice Act (S.C. 2002, c. 1)

AMENDMENTS NOT IN FORCE

• — 2026, c. 11, s. 59

  • • 59 (1) Paragraph (a) of the definition violent offence in subsection 2(1) of the Youth Criminal Justice Act is replaced by the following:

      • (a) an offence in the commission of which a young person causes bodily harm;

    • (2) The definition violent offence in subsection 2(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

      • (d) an offence committed by a young person involving the use or trafficking of a firearm. (infraction avec violence)

• — 2026, c. 11, s. 60

  • 60 Section 9 of the Act is replaced by the following:

    • Evidence of measures is inadmissible

      9 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 court in respect of the young person.

• — 2026, c. 11, s. 61

  • • 61 (1) Subsection 17(1) of the Act is replaced by the following:

      • Youth justice court may make rules

        • 17 (1) The youth justice court for a province may, for the purpose of regulating proceedings within its jurisdiction, establish rules of court not inconsistent with this Act or any other Act of Parliament or with any regulations made under section 155.

    • (2) Subsection 17(3) of the Act is replaced by the following:

      • Publication of rules

        (3) Rules of court that are made under the authority of this section must be published or otherwise made available to the public.

• — 2026, c. 11, s. 62

  • 62 The portion of subsection 29(1) of the Act before paragraph (a) is replaced by the following:

    • Release order with conditions

      • 29 (1) A youth justice court judge or a justice may impose a condition set out in subsections 515(4) to (4.4) of the Criminal Code in respect of a release order only if they are satisfied that

• — 2026, c. 11, s. 63

  • 63 Paragraph 42(13)(b) of the Act is replaced by the following:

    • (b) is found guilty of more than one offence for each of which a sentence referred to in any of those paragraphs is imposed.

• — 2026, c. 11, s. 64

  • 64 The Act is amended by adding the following after section 49:

    • Reasons — credit for time in detention

      • 49.1 (1) The youth justice court shall give reasons for any credit granted for the time spent in detention by the young person as a result of the offence and shall cause those reasons to be stated in the record of the case.

      • Record of proceedings

        (2) The youth justice court shall cause to be stated in the record of the case and on the warrant of committal the offence, the amount of time spent in detention, the term of the custody and supervision order that would have been imposed before any credit was granted, the amount of time credited, if any, and the sentence imposed.

      • Validity not affected

        (3) Failure to comply with subsection (1) or (2) does not affect the validity of the sentence imposed by the court.

• — 2026, c. 11, s. 65

  • 65 Subsection 56(5) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):

    • (c) if a young person is subject to a deferred custody and supervision order, at the end of the period set out in that order.

• — 2026, c. 11, s. 66

  • 66 Subsection 57(1) of the Act is replaced by the following:

    • Transfer of youth sentence

      • 57 (1) When a youth sentence has been imposed under any of paragraphs 42(2)(c) 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 becomes a resident of a territorial division outside the jurisdiction of the youth justice court that imposed the youth sentence, whether in the same or in another province, a youth justice court judge in the territorial division in which the youth sentence was imposed may, on the application of the Attorney General or on the application of the young person or the young person’s parent, with the consent of the Attorney General, transfer to a youth justice court in another territorial division the youth sentence and any portion of the record of the case that is appropriate. All subsequent proceedings relating to the case shall then be carried out and enforced by that court.

• — 2026, c. 11, s. 67

  • 67 Subsection 58(1) of the Act is replaced by the following:

    • Interprovincial arrangements

      • 58 (1) When a youth sentence has been imposed under any of paragraphs 42(2)(c) and (k) to (s) in respect of a young person, the youth sentence in one province may be dealt with in any other province in accordance with any agreement that may have been made between those provinces.

• — 2026, c. 11, s. 68

  • 68 The Act is amended by adding the following after section 108:

    • Applicable provisions — detention and release

      • 108.1 (1) If the case of a young person is referred to the youth justice court under section 108 for a review under section 103 or 109 and the young person is remanded to custody under section 102 or 106, sections 28 to 31 apply, with any necessary modifications, to an application for their release from custody until the completion of the review by the youth justice court.

      • Reference

        (2) For the purposes of subsection (1), any reference in section 29 to a young person charged with a serious offence is to be read as a reference to a young person who has breached or is about to breach a condition referred to in section 102 or 106, as the case may be.

      • Continuation of sentence

        (3) Despite the suspension of their conditional supervision and subject to section 107, the young person continues to serve their sentence until the review is completed by the youth justice court.

      • Conditions continue to apply

        (4) During the suspension of their conditional supervision, any conditions imposed to which the young person is subject continues to apply, in addition to any conditions that may be imposed on them, in respect of a release order, until the completion of the review by the youth justice court.

      • Notice to Attorney General

        (5) The provincial director shall, without delay, give notice to the Attorney General of an application in respect of the release from custody of a young person referred to in subsection (1).

• — 2026, c. 11, s. 69

  • 69 The Act is amended by adding the following after section 109:

    • Time not counted

      109.1 The time spent by a young person who is unlawfully at large while subject to a youth sentence does not count as part of any term of a custody and supervision order.

• — 2026, c. 11, s. 70

  • 70 Section 110 of the Act is amended by adding the following after subsection (4):

    • Publication — urgent situation

      (4.1) A police officer may publish information that identifies a young person without a court order referred to in subsection (4) if the police officer has reasonable grounds to believe that

      • (a) the young person has committed or is likely to commit an indictable offence; and

      • (b) the urgency of the situation is such that the immediate publication is necessary for all of the following reasons:

        • (i) the young person is an imminent danger to the public and the publication could aid in the prevention of serious bodily harm or death,

        • (ii) the publication is necessary to assist in apprehending the young person, and

        • (iii) the court order could not, with reasonable diligence, be obtained.

    • Publication — more than 24 hours

      (4.2) The court order must be obtained if the publication is required for more than 24 hours after it has been made.

• — 2026, c. 11, s. 71

  • 71 Section 115 of the Act is amended by adding the following after subsection (1.1):

    • For greater certainty

      (1.2) For greater certainty, the police force may keep a record of an investigation in respect of an offence alleged to have been committed by a young person even if the investigation did not result in a charge or extrajudicial measures were not used to deal with that young person.

• — 2026, c. 11, s. 72

  • • 72 (1) Subsection 119(2) of the Act is amended by adding the following after paragraph (a):

      • (a.1) if an extrajudicial measure, other than an extrajudicial sanction, is used to deal with the young person, the period ending two years from the day on which the decision to use the extrajudicial measure is made;

      • (a.2) if the young person is the subject of an investigation referred to in subsection 115(1.2), two years from the day on which the young person ceases to be the subject of the investigation;

    • (2) Section 119 of the Act is amended by adding the following after subsection (4):

      • Records — certain investigations

        (4.1) Access to a record kept in respect of an investigation referred to in subsection 115(1.2) is to be given only to the following persons for the following purposes:

        • (a) a peace officer or the Attorney General, in order to make a decision under this Act in respect of the young person to whom the investigation relates; and

        • (b) a peace officer, for the purpose of investigating an offence.

      • Evidence of investigation — inadmissible

        (4.2) Evidence that forms a part of a police investigation referred to in subsection 115(1.2) in respect of a young person is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a court in respect of the young person.

• — 2026, c. 11, s. 73

  • 73 Section 124 of the Act is replaced by the following:

    • Access to record by young person

      124 Despite any other provision of this Act, a young person to whom a record relates and their counsel may have access to the record at any time.

• — 2026, c. 11, s. 74

  • 74 Section 156 of the Act is replaced by the following:

    • Agreements with provinces

      156 The Minister of Justice may enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act.

• — 2026, c. 19, s. 120

  • 120 The fifth paragraph of the preamble to the Youth Criminal Justice Act is replaced by the following:

    AND WHEREAS Canadian society should have a youth criminal justice system that commands respect, takes into account the interests of victims and the rights that they have under the Canadian Victims Bill of Rights, fosters responsibility and ensures accountability through meaningful consequences and effective rehabilitation and reintegration, and that reserves its most serious intervention for the most serious crimes and reduces the over-reliance on incarceration for non-violent young persons;

• — 2026, c. 19, s. 121

  • • 121 (1) Subparagraph 3(1)(c)(ii) of the Act is replaced by the following:

      • (ii) encourage the repair of harm done to victims and the community, including, where appropriate, through a restorative justice process,

    • (2) Subparagraph 3(1)(c)(iv) of the Act is replaced by the following:

      • (iv) respect the needs, personal circumstances and characteristics of young persons, including in relation to race, national or ethnic origin, culture, language, colour, religion, sex, age, mental or physical disability, sexual orientation or gender identity or expression, with particular attention to those of Aboriginal young persons and Black young persons; and

    • (3) Subparagraphs 3(1)(d)(ii) and (iii) of the Act are replaced by the following:

      • (ii) victims should be treated with courtesy, compassion, fairness and respect, including respect for their dignity and privacy, and have their interest in timely justice considered during their involvement with the youth criminal justice system,

      • (iii) victims should be provided with information about the youth criminal justice system and their role in it, the services and programs available to them as victims and the proceedings and be given an opportunity to participate and be heard, and

• — 2026, c. 19, s. 122

  • 122 Subsection 6(1) of the Act is replaced by the following:

    • Police — warnings, cautions and referrals

      • 6 (1) 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 to address their offending behaviour.

• — 2026, c. 19, s. 123

  • 123 The Act is amended by adding the following after section 6:

    • Prosecutor — warnings, cautions and referrals

      • 6.1 (1) A prosecutor shall, before starting or continuing judicial proceedings 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 warn the young person, administer a caution, if a program has been established under section 8, 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 to address their offending behaviour.

      • Saving

        (2) The failure of a prosecutor to consider the options set out in subsection (1) does not invalidate any proceedings against the young person for the offence.

• — 2026, c. 19, s. 124

  • 124 Section 9 of the Act is replaced by the following:

    • Evidence of measures is inadmissible

      9 Evidence that a young person has received a warning, caution or referral mentioned in any of sections 6 to 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 court in respect of the young person.

• — 2026, c. 19, s. 125

  • 125 Subsection 10(1) of the Act is replaced by the following:

    • Extrajudicial sanctions

      • 10 (1) 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 any of sections 6 to 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.

• — 2026, c. 19, s. 126

  • 126 Section 12 of the Act is replaced by the following:

    • Victim’s right to information

      12 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 inform the victim of the identity of the young person and how the offence has been dealt with, if the victim wishes to receive the information.

• — 2026, c. 19, s. 127

  • 127 Subsection 14(2) of the Act is replaced by the following:

    • Orders

      (2) 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), 810.1 (recognizance — fear of sexual offence) 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 shall not exceed 30 days.

• — 2026, c. 19, s. 128

  • 128 Subsection 19(2) of the Act is replaced by the following:

    • Mandate of conference

      (2) 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 or to facilitate the use of restorative justice processes.

• — 2026, c. 19, s. 129

  • 129 Section 48 of the Act is replaced by the following:

    • Reasons for sentence

      48 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 give or cause to be given a copy of the sentence and the reasons for the sentence to the young person, the young person’s counsel, a parent of the young person, the provincial director, the prosecutor, the victim, if the victim wishes to receive the information, and, in the case of a committal to custody under paragraph 42(2)(n), (o), (q) or (r), the review board.

    • Inquiry by youth justice court

      48.1 When imposing a youth sentence, a youth justice court shall inquire of the prosecutor whether reasonable steps were taken to determine whether the victim wishes to receive information regarding the youth sentence and its administration and shall, if known, enter the victim’s wishes in the record of the case.

• — 2026, c. 19, s. 130

  • 130 Subsection 50(1) of the Act is replaced by the following:

    • Application of Part XXIII of Criminal Code

      • 50 (1) 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 718.2(e) (sentencing principle for Aboriginal offenders), sections 722 (victim impact statement), 722.1 (copy of statement) and 722.2 (community impact statement), subsection 730(2) (period for which appearance notice, etc., continues in force) and sections 748 (to whom pardon may be granted), 748.1 (remission by the Governor in Council) and 749 (royal prerogative) of that Act, which provisions apply with any modifications that the circumstances require.

• — 2026, c. 19, s. 131

  • 131 Paragraph 83(2)(a) of the Act is replaced by the following:

    • (a) that the least restrictive measures necessary to ensure the protection of the public, of personnel working with young persons and of young persons, and the safety and security of victims, be used;

• — 2026, c. 19, s. 132

  • 132 Subsection 111(1) of the Act is replaced by the following:

    • Identity of victim or witness not to be published

      • 111 (1) 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, even if the child or young person is deceased, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person.

• — 2026, c. 19, s. 133

  • 133 Paragraph 142(1)(a) of the Act is replaced by the following:

    • (a) in respect of an order under section 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), 810.1 (recognizance — fear of sexual offence) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act;

• — 2026, c. 19, s. 134

  • Application

    134 Subsection 6(1), sections 6.1 and 9 and subsection 10(1) of the Youth Criminal Justice Act, as enacted by sections 122 to 125, apply with respect to any matter or proceeding that is ongoing on the day on which section 122 comes into force.