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

Act current to 2020-07-15 and last amended on 2019-12-18. Previous Versions

PART 5Custody and Supervision

Marginal note:Purpose

  •  (1) The purpose of the youth custody and supervision system is to contribute to the protection of society by

    • (a) carrying out sentences imposed by courts through the safe, fair and humane custody and supervision of young persons; and

    • (b) assisting young persons to be rehabilitated and reintegrated into the community as law-abiding citizens, by providing effective programs to young persons in custody and while under supervision in the community.

  • Marginal note:Principles to be used

    (2) In addition to the principles set out in section 3, the following principles are to be used in achieving that purpose:

    • (a) that the least restrictive measures consistent with the protection of the public, of personnel working with young persons and of young persons be used;

    • (b) that young persons sentenced to custody retain the rights of other young persons, except the rights that are necessarily removed or restricted as a consequence of a sentence under this Act or another Act of Parliament;

    • (c) that the youth custody and supervision system facilitate the involvement of the families of young persons and members of the public;

    • (d) that custody and supervision decisions be made in a forthright, fair and timely manner, and that young persons have access to an effective review procedure; and

    • (e) that placements of young persons where they are treated as adults not disadvantage them with respect to their eligibility for and conditions of release.

Marginal note: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 sentence), a young person who is committed to custody shall be held separate and apart from any adult who is detained or held in custody.

Marginal note:Levels of custody

  •  (1) 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.

  • Marginal note:Designation of youth custody facilities

    (2) Every youth custody facility in a province that contains one or more levels of custody shall be designated by

    • (a) in the case of a youth custody facility with only one level of custody, being the level of custody with the least degree of restraint of the young persons in it, the lieutenant governor in council or his or her delegate; and

    • (b) in any other case, the lieutenant governor in council.

  • Marginal note:Provincial director to specify custody level — committal to custody

    (3) The provincial director shall, when a young person is committed to custody under paragraph 42(2)(n), (o), (q) or (r) or an order is made under subsection 98(3), paragraph 103(2)(b), subsection 104(1) or paragraph 109(2)(b), determine the level of custody appropriate for the young person, after having taken into account the factors set out in subsection (5).

  • Marginal note:Provincial director to specify custody level — transfer

    (4) The provincial director may determine a different level of custody for the young person when the provincial director is satisfied that the needs of the young person and the interests of society would be better served by doing so, after having taken into account the factors set out in subsection (5).

  • Marginal note:Factors

    (5) The factors referred to in subsections (3) and (4) are

    • (a) that the appropriate level of custody for the young person is the one that is the least restrictive to the young person, having regard to

      • (i) the seriousness of the offence in respect of which the young person was committed to custody and the circumstances in which that offence was committed,

      • (ii) the needs and circumstances of the young person, including proximity to family, school, employment and support services,

      • (iii) the safety of other young persons in custody, and

      • (iv) the interests of society;

    • (b) that the level of custody should allow for the best possible match of programs to the young person’s needs and behaviour, having regard to the findings of any assessment in respect of the young person; and

    • (c) the likelihood of escape.

  • Marginal note:Placement and transfer at appropriate level

    (6) After the provincial director has determined the appropriate level of custody for the young person under subsection (3) or (4), the young person shall be placed in the youth custody facility that contains that level of custody specified by the provincial director.

  • Marginal note:Notice

    (7) The provincial director shall cause a notice in writing of a determination under subsection (3) or (4) to be given to the young person and a parent of the young person and set out in that notice the reasons for it.

Marginal note:Procedural safeguards

  •  (1) 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 under subsection 85(3) or (4), including that the young person be

    • (a) provided with any relevant information to which the provincial director has access in making the determination, subject to subsection (2);

    • (b) given the opportunity to be heard; and

    • (c) informed of any right to a review under section 87.

  • Marginal note:Withholding of information

    (2) Where the provincial director has reasonable grounds to believe that providing the information referred to in paragraph (1)(a) would jeopardize the safety of any person or the security of a facility, he or she may authorize the withholding from the young person of as much information as is strictly necessary in order to protect such safety or security.

Marginal note:Review

  •  (1) A young person may apply for a review under this section of a determination

    • (a) under subsection 85(3) that would place the young person in a facility at a level of custody that has more than a minimal degree of restraint; or

    • (b) under subsection 85(4) that would transfer a young person to a facility at a level of custody with a higher degree of restraint or increase the degree of restraint of the young person in the facility.

  • Marginal note:Procedural safeguards

    (2) The lieutenant governor in council of a province shall ensure that procedures are in place for the review under subsection (1), including that

    • (a) the review board that conducts the review be independent;

    • (b) the young person be provided with any relevant information to which the review board has access, subject to subsection (3); and

    • (c) the young person be given the opportunity to be heard.

  • Marginal note:Withholding of information

    (3) Where the review board has reasonable grounds to believe that providing the information referred to in paragraph (2)(b) would jeopardize the safety of any person or the security of a facility, it may authorize the withholding from the young person of as much information as is strictly necessary in order to protect such safety or security.

  • Marginal note:Factors

    (4) The review board shall take into account the factors referred to in subsection 85(5) in reviewing a determination.

  • Marginal note:Decision is final

    (5) A decision of the review board under this section in respect of a particular determination is final.

Marginal note: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 accordance with the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985. The following provisions of that Act apply, with any modifications that the circumstances require, to the exercise of those powers:

  • (a) the definitions review board and progress report in subsection 2(1);

  • (b) section 11;

  • (c) sections 24.1 to 24.3; and

  • (d) sections 28 to 31.

 
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