Bill C-3

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First Reading

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	(b) explain or cause to be explained to the young person the purpose and effect of the order, and confirm that the young person understands it; and
	(c) cause a copy of the order to be given to the young person, and to any parent of the young person who is in attendance at the sentencing hearing.
Copy of order to parent	(4) A youth justice court that makes an order under paragraph 41(2)(k) or (l) may cause a copy to be given to a parent of the young person who is not in attendance at the proceedings if the parent is, in the opinion of the court, taking an active interest in the proceedings.
Endorsement of order by young person	(5) After the order has been read and explained under subsection (3), the young person shall endorse on the order an acknowledgement that the young person has received a copy of the order and had its purpose and effect explained.
Validity of order	(6) The failure of a young person to endorse the order or of a parent to receive a copy of the order does not affect the validity of the order.
Commence- ment of order	(7) An order made under paragraph 41(2)(k) or (l) comes into force
	(a) on the date on which it is made; or
	(b) if a young person receives a sentence that includes a period of continuous custody and supervision, at the end of the period of supervision.
Effect of order in case of custody	(8) If a young person is subject to a sentence that includes both a period of continuous custody and supervision and an order made under paragraph 41(2)(k) or (l), and the court orders under subsection 41(11) a delay in the start of the period of custody, the court may divide the period that the order made under paragraph 41(2)(k) or (l) is in effect, with the first portion to have effect from the date on which it is made until the start of the period of custody, and the remainder to take effect at the end of the period of supervision.
Notice to appear	(9) A young person may be given notice either orally or in writing to appear before the youth justice court under paragraph (1)(b).
Warrant in default of appearance	(10) If service of a notice in writing is proved and the young person fails to attend court in accordance with the notice, a youth justice court may issue a warrant to compel the appearance of the young person.
Definitions	55. (1) The definitions in this subsection apply in this section.
``optional conditions'' « conditions facultatives »	``optional conditions'' means the conditions referred to in subsection 54(2).
``change'' « modification »	``change'', in relation to optional conditions, includes deletions and additions.
Amendment of order other than for breach	(2) A youth justice court that makes an order under paragraph 41(2)(k) or (l) may, on the application of the young person or the provincial director, require the young person to appear before it and, after hearing the young person and the provincial director,
	(a) make any changes to the optional conditions that in the opinion of the court are desirable because of a change in the circumstances of the young person since the order was made;
	(b) relieve the young person, either absolutely or on the terms and for the period that the court considers desirable, of compliance with any optional condition; or
	(c) cancel the order absolutely, or cancel it and substitute any other sanction set out in paragraphs 41(2)(d) to (m) that is consistent with the purpose and principles set out in section 37.
Contraven- tion of an order	56. (1) If a youth justice court is satisfied that a young person has contravened a condition of an order made under paragraph 41(2)(k), (l) or (o) without reasonable excuse, the court may, on the application of the provincial director, require the young person to appear before it and, after hearing the young person and the provincial director,
	(a) order that no further action be taken, if the court is satisfied that the contravention was so minor that no further action is appropriate;
	(b) make any changes to the optional conditions that in the opinion of the court are desirable because of a change in the circumstances of the young person since the order was made;
	(c) make any changes referred to in paragraph (b) and, in addition, make an attendance order under paragraph 41(2)(m); or
	(d) in the case of a deferred custody and supervision order made under paragraph 41(2)(o), direct that the young person serve the remainder of the order as if it were a custody and supervision order made under paragraph 41(2)(n).
Deferred custody and supervision order	(2) After a court has made a direction under paragraph (1)(d), the provisions of this Act applicable to orders made under paragraph 41(2)(n) apply in respect of the deferred custody and supervision order.
Factors to be considered	(3) In making its decision under subsection (1), the court shall consider the length of time the young person has been subject to the order, whether the young person has previously contravened it, and the nature of the contravention.
Transfer of youth sentence	57. (1) When a youth sentence has been imposed under any of paragraphs 41(2)(d) to (i), (k), (l) or (r) 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.
No transfer outside province before appeal completed	(2) No youth sentence may be transferred from one province to another under this section until the time for an appeal against the youth sentence or the finding on which the youth sentence was based has expired or until all proceedings in respect of any such appeal have been completed.
Transfer to a province when person is adult	(3) When an application is made under subsection (1) to transfer the youth sentence of a young person to a province in which the young person is an adult, a youth justice court judge may, with the consent of the Attorney General, transfer the youth sentence and the record of the case to the youth justice court in the province to which the transfer is sought, and the youth justice court to which the case is transferred shall have full jurisdiction in respect of the youth sentence as if that court had imposed the youth sentence. The person shall be further dealt with in accordance with this Act.
Interpro- vincial arrangements	58. (1) When a youth sentence has been imposed under any of paragraphs 41(2)(k) to (q) 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.
Youth justice court retains jurisdiction	(2) Subject to subsection (3), when a youth sentence imposed in respect of a young person is dealt with under this section in a province other than that in which the youth sentence was imposed, the youth justice court of the province in which the youth sentence was imposed retains, for all purposes of this Act, exclusive jurisdiction over the young person as if the youth sentence were dealt with within that province, and any warrant or process issued in respect of the young person may be executed or served in any place in Canada outside the province where the youth sentence was imposed as if it were executed or served in that province.
Waiver of jurisdiction	(3) When a youth sentence imposed in respect of a young person is dealt with under this section in a province other than the one in which the youth sentence was imposed, the youth justice court of the province in which the youth sentence was imposed may, with the consent in writing of the Attorney General of that province and the young person, waive its jurisdiction, for the purpose of any proceeding under this Act, to the youth justice court of the province in which the youth sentence is dealt with, in which case the youth justice court in the province in which the youth sentence is dealt with shall have full jurisdiction in respect of the youth sentence as if that court had imposed the youth sentence.
Review of youth sentences not involving custody	59. (1) When a youth justice court has imposed a youth sentence in respect of a young person, other than a youth sentence under paragraph 41(2)(n), (p) or (q), the youth justice court shall, on the application of the young person, the young person's parent, the Attorney General or the provincial director, made at any time after six months from the date of the youth sentence or, with leave of a youth justice court judge, at any earlier time, review the youth sentence if the court is satisfied that there are grounds for a review under subsection (2).
Grounds for review	(2) A review of a youth sentence may be made under this section
	(a) on the ground that the circumstances that led to the youth sentence have changed materially;
	(b) 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;
	(c) 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
	(d) on any other ground that the youth justice court considers appropriate.
Progress report	(3) 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 93(10) to (12) apply	(4) Subsections 93(10) to (12) apply, with any modifications that the circumstances require, in respect of any progress report required under subsection (3).
Subsections 93(7) and (14) to (18) apply	(5) Subsections 93(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 93(14) shall also be given to the provincial director.
Compelling appearance of young person	(6) 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.
Decision of the youth justice court after review	(7) 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,
	(a) confirm the youth sentence;
	(b) terminate the youth sentence and discharge the young person from any further obligation of the youth sentence; or
	(c) vary the youth sentence or impose any new youth sentence under section 41, 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.
New youth sentence not to be more onerous	(8) Subject to subsection (9), 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.
Exception	(9) A youth justice court may under this section extend the time within which a youth sentence imposed under paragraphs 41(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.
Provisions applicable to youth sentences on review	60. Subject to sections 59, 87 and 93 to 95, section 37, subsections 41(11) to (14) and (16) and sections 46, 47, 49 to 51, 53 to 58 and 91 apply, with any modifications that the circumstances require, in respect of youth sentences imposed under sections 59 and 93 to 95.
	Adult Sentences
Access to adult sentences	61. An adult sentence shall be imposed on a young person who is found guilty of an offence for which an adult could be sentenced to imprisonment for more than two years, committed after the young person attained the age of fourteen years, in the following cases:
	(a) in the case of a presumptive offence, if the youth justice court makes an order under subsection 70(2) or paragraph 72(1)(b); or
	(b) in any other case, if the youth justice court makes an order under subsection 63(5) or paragraph 72(1)(b).
Application by young person	62. (1) A young person who is charged with, or found guilty of, a presumptive offence committed after he or she attained the age of fourteen years may, at any time before evidence is called as to sentence or submissions are made as to sentence, make an application for an order that he or she is not liable to an adult sentence and that a youth sentence must be imposed.
Application unopposed	(2) If the Attorney General gives notice to the youth justice court that the Attorney General does not oppose the application, the youth justice court shall, without a hearing, order that the young person, if found guilty, is not liable to an adult sentence and that a youth sentence must be imposed.
Application by Attorney General	63. (1) The Attorney General may, following an application under subsection 41(8), if any is made, and before evidence is called as to sentence or submissions are made as to sentence, make an application for an order that a young person is liable to an adult sentence if the young person is or has been found guilty of an offence, other than a presumptive offence, for which an adult could be sentenced to imprisonment for more than two years, that was committed after the young person attained the age of fourteen years.
Notice of intention to seek adult sentence	(2) If the Attorney General intends to seek an adult sentence for an offence by making an application under subsection (1), or by establishing that the offence is a presumptive offence within the meaning of paragraph (b) of the definition ``presumptive offence'' in subsection 2(1) committed after the young person attained the age of fourteen years, the Attorney General shall, before the young person enters a plea or with leave of the youth justice court before the commencement of the trial, give notice to the young person and the youth justice court of the intention to seek an adult sentence.
Included offences	(3) A notice of intention to seek an adult sentence given in respect of an offence is notice in respect of any included offence of which the young person is found guilty for which an adult could be sentenced to imprisonment for more than two years.
Notice to young person	(4) If a young person is charged with an offence other than an offence set out in paragraph (a) of the definition ``presumptive offence'' in subsection 2(1), committed after the young person attained the age of fourteen years, and the Attorney General intends to establish, after a finding of guilt, that the offence is a serious violent offence and a presumptive offence within the meaning of paragraph (b) of the definition ``presumptive offence'' in subsection 2(1) for which the young person is liable to an adult sentence, the Attorney General shall, before the young person enters a plea, give notice of that intention to the young person.
Application unopposed	(5) If the young person gives notice to the youth justice court that the young person does not oppose the application for an adult sentence, the youth justice court shall, without a hearing, order that if the young person is found guilty of an offence for which an adult could be sentenced to imprisonment for more than two years, an adult sentence must be imposed.
Presumption does not apply	64. If the Attorney General gives notice to the youth justice court that an adult sentence will not be sought in respect of a young person who is alleged to have committed an offence set out in paragraph (a) of the definition ``presumptive offence'' in subsection 2(1), the court shall order that the young person, if found guilty, is not liable to an adult sentence, and the court shall order a ban on publication of information that would identify the young person as having been dealt with under this Act.
Procedure for application or notice	65. An application under subsection 62(1) or 63(1) or a notice to the court under subsection 62(2) or 63(2) or (5) 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.
No election if youth sentence	66. If the youth justice court has made an order under subsection 62(2) or section 64 before a young person is required to be put to an election under section 67, the young person shall not be put to an election unless the young person is alleged to have committed first degree murder or second degree murder within the meaning of section 231 of the Criminal Code.
Election - adult sentence	67. (1) Subject to section 66, if a young person is charged with having, after attaining the age of fourteen years, committed an offence set out in paragraph (a) of the definition ``presumptive offence'' in subsection 2(1), or if the Attorney General has given notice under subsection 63(2) of the intention to seek an adult sentence, the youth justice court shall, before the young person enters a plea, put the young person to his or her election in the following words:
	You have the option to elect to be tried by a youth justice court judge without a jury and without having had a preliminary inquiry; or you may elect to have a preliminary inquiry and to be tried by a judge without a jury; or you may elect to have a preliminary inquiry and to be tried by a court composed of a judge and jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do you elect to be tried?
Election - Nunavut	(2) Subject to section 66, in respect of proceedings in Nunavut, if a young person is charged with having, after attaining the age of fourteen years, committed an offence set out in paragraph (a) of the definition ``presumptive offence'' in subsection 2(1), or if the Attorney General has given notice under subsection 63(2) of the intention to seek an adult sentence, the youth justice court shall, before the young person enters a plea, put the young person to his or her election in the following words:
	You have the option to elect to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth justice court without a jury and without a preliminary inquiry; or you may elect to have a preliminary inquiry and to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court without a jury; or you may elect to have a preliminary inquiry and to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court with a jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do you elect to be tried?
Mode of trial where co-accused are young persons	(3) When two or more young persons who are charged with the same offence are put to their election, unless all of them elect or re-elect or are deemed to have elected, as the case may be, the same mode of trial, the youth justice court judge
	(a) may decline to record any election or re-election for trial by a youth justice court judge without a jury or a judge without a jury; and
	(b) if the judge declines to do so, shall hold a preliminary inquiry unless a preliminary inquiry has been held prior to the election, re-election or deemed election.
Attorney General may require trial by jury	(4) The Attorney General may, even if a young person elects under subsection (1) or (2) to be tried by a youth justice court judge without a jury or a judge without a jury, require the young person to be tried by a court composed of a judge and jury.
Preliminary inquiry	(5) When a young person elects to be tried by a judge without a jury, or elects or is deemed to have elected to be tried by a court composed of a judge and jury, the youth justice court referred to in subsection 13(1) shall conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be conducted

Bill C-3

Adult Sentences