1998, c. 37, s. 17

176. The portion of subsection 487.051(1) of the Act before paragraph (a), as enacted by section 17 of the DNA Identification Act, is replaced by the following:

Order

487.051 (1) Subject to section 487.053, if a person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence, the court

1998, c. 37, s. 17

177. Subsection 487.052(1) of the Act, as enacted by section 17 of the DNA Identification Act, is replaced by the following:

Offences committed before DNA Identification Act in force

487.052 (1) Subject to section 487.053, if a person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of a designated offence committed before the coming into force of subsection 5(1) of the DNA Identification Act, the court may, on application by the prosecutor, make an order in Form 5.04 authorizing the taking, from that person or young person, for the purpose of forensic DNA analysis, of any number of samples of one or more bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1), if the court is satisfied that it is in the best interests of the administration of justice to do so.

1998, c. 37, s. 17

178. Paragraph 487.053(b) of the English version of the Act, as enacted by section 17 of the DNA Identification Act, is replaced by the following:

    (b) by the person or young person, that they consent to the entry, in the convicted offenders index of the national DNA data bank established under that Act, of the results of DNA analysis of bodily substances that were provided voluntarily in the course of the investigation of, or taken from them in execution of a warrant that was issued under section 487.05 in respect of, the designated offence of which the person has been convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, or another designated offence in respect of the same transaction.

1998, c. 37, c. 17

179. Subsection 487.056(1) of the English version of the Act, as enacted by section 17 of the DNA Identification Act, is replaced by the following:

When collection to take place

487.056 (1) Samples of bodily substances referred to in sections 487.051 and 487.052 shall be taken at the time the person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, or as soon as is feasible afterwards, even though an appeal may have been taken.

1998, c. 37, s. 20

180. Paragraphs 487.071(1)(a) and (b) of the Act, as enacted by section 20 of the DNA Identification Act, are replaced by the following:

    (a) provided voluntarily in the course of an investigation of a designated offence by any person who is later convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of the designated offence or another designated offence in respect of the same transaction and who, having been so convicted, discharged or found guilty, consents to having the results entered in the convicted offenders index;

    (b) taken in execution of a warrant under section 487.05 from a person who is later convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of the designated offence in respect of which the warrant was issued or another designated offence in respect of the same transaction and who, having been so convicted, discharged or found guilty, consents to having the results entered in the convicted offenders index;

181. The portion of subsection 667(1) of the Act before paragraph (b) is replaced by the following:

Proof of previous conviction

667. (1) In any proceedings,

    (a) a certificate setting out with reasonable particularity the conviction or discharge under section 730, the finding of guilt under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the finding of guilt under the Youth Criminal Justice Act, or the judicial determination under subsection 42(9) of that Act, or the conviction and sentence or finding of guilt and sentence in Canada of an offender, signed by

      (i) the person who made the conviction, order for the discharge, finding of guilt or judicial determination,

      (ii) the clerk of the court in which the conviction, order for the discharge, finding of guilt or judicial determination was made, or

      (iii) a fingerprint examiner,

    is, on proof that the accused or defendant is the offender referred to in the certificate, evidence that the accused or defendant was so convicted, so discharged or so convicted and sentenced or found guilty and sentenced, or that a judicial determination was made against the accused or defendant, without proof of the signature or the official character of the person appearing to have signed the certificate;

1997, c. 18, par. 141(c)

182. Subsection 718.3(4) of the Act is replaced by the following:

Cumulative punishments

(4) The court or youth justice court that sentences an accused may direct that the terms of imprisonment that are imposed by the court or the youth justice court or that result from the operation of subsection 734(4) or 743.5(1) or (2) shall be served consecutively, when

    (a) the accused is sentenced while under sentence for an offence, and a term of imprisonment, whether in default of payment of a fine or otherwise, is imposed;

    (b) the accused is found guilty or convicted of an offence punishable with both a fine and imprisonment and both are imposed;

    (c) the accused is found guilty or convicted of more than one offence, and

      (i) more than one fine is imposed,

      (ii) terms of imprisonment for the respective offences are imposed, or

      (iii) a term of imprisonment is imposed in respect of one offence and a fine is imposed in respect of another offence; or

    (d) subsection 743.5(1) or (2) applies.

1995, c. 22, s. 6

183. Paragraph 721(3)(b) of the Act is replaced by the following:

    (b) subject to subsection 119(2) of the Youth Criminal Justice Act, the history of previous dispositions under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the history of previous sentences under the Youth Criminal Justice Act, and of previous findings of guilt under this Act and any other Act of Parliament;

1995, c. 22, s. 6, paras. 19(b), 20(b)

184. Sections 743.4 and 743.5 of the Act are replaced by the following:

Transfer of jurisdiction when person already sentenced under Youth Criminal Justice Act

743.5 (1) If a young person or an adult is or has been sentenced to a term of imprisonment for an offence while subject to a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act, the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.

Transfer of jurisdiction when youth sentence imposed under Youth Criminal Justice Act

(2) If a disposition is made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, with respect to a person or a youth sentence is imposed on a person under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act while the young person or adult is under sentence of imprisonment imposed under an Act of Parliament other than the Youth Criminal Justice Act, the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act.

Sentences deemed to constitute one sentence - section 743.1

(3) For greater certainty, the dispositions and sentences referred to in subsections (1) and (2) are, for the purpose of section 139 of the Corrections and Conditional Release Act, deemed to constitute one sentence of imprisonment.

1998, c. 37, s. 24

185. The first paragraph of Form 5.03 of the Act, as enacted by section 24 of the DNA Identification Act, is replaced by the following:

Whereas (name of offender) has been convicted, discharged under section 730 of the Criminal Code or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of (offence), an offence that is a primary designated offence within the meaning of section 487.04 of the Criminal Code;

1998, c. 37, s. 24

186. The portion of the first paragraph of Form 5.04 of the Act before paragraph (a), as enacted by section 24 of the DNA Identification Act, is replaced by the following:

Whereas (name of offender), in this order called the ``offender'', has been convicted, discharged under section 730 of the Criminal Code or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of (offence), an offence that is

1998, c. 37

DNA Identification Act

187. The definition ``young person'' in section 2 of the DNA Identification Act is replaced by the following:

``young person''
« adolescent »

``young person'' has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act.

188. (1) The portion of paragraph 9(2)(c) of the Act before subparagraph (i) is replaced by the following:

    (c) in the case of information in relation to a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of any of the following offences, the expiry of ten years after the sentence or all dispositions made in respect of the offence have been completed, namely,

(2) Paragraphs 9(2)(d) and (e) of the Act are replaced by the following:

    (d) in the case of information in relation to a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence, other than an offence referred to in any of subparagraphs (c)(i) to (iii) and sections 235 (first degree murder or second degree murder), 236 (manslaughter), 239 (attempt to commit murder) and 273 (aggravated sexual assault) of the Criminal Code, the expiry of five years after the sentence or all dispositions made in respect of the offence have been completed; and

    (e) in the case of information in relation to a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence that is a summary conviction offence, the expiry of three years after the sentence or all dispositions made in respect of the offence have been completed.

189. (1) The portion of paragraph 10(7)(c) of the Act before subparagraph (i) is replaced by the following:

    (c) if the person is a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of any of the following offences, after the expiry of ten years after the sentence or all dispositions made in respect of the offence have been completed, namely,

(2) Paragraphs 10(7)(d) and (e) of the Act are replaced by the following:

    (d) if the person is a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence, other than an offence referred to in any of subparagraphs (c)(i) to (iii) and sections 235 (first degree murder or second degree murder), 236 (manslaughter), 239 (attempt to commit murder) and 273 (aggravated sexual assault) of the Criminal Code, after the expiry of five years after the sentence or all dispositions made in respect of the offence have been completed; and

    (e) if the person is a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence that is a summary conviction offence, after the expiry of three years after the sentence or all dispositions made in respect of the offence have been completed.

1999, c. 18

Extradition Act

190. Paragraph 47(c) of the Extradition Act is replaced by the following:

    (c) the person was less than eighteen years old at the time of the offence and the law that applies to them in the territory over which the extradition partner has jurisdiction is not consistent with the fundamental principles governing the Youth Criminal Justice Act;

191. Paragraphs 77(a) and (b) of the Act are replaced by the following:

    (a) in respect of a prosecution or imposition of a sentence - or of a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985 - the Attorney General, or the Attorney General of a province who is responsible for the prosecution of the case; and

    (b) in respect of the enforcement of a sentence or a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,

      (i) the Solicitor General of Canada, if the person would serve the sentence in a penitentiary, or

      (ii) the appropriate provincial minister responsible for corrections, in any other case.

192. Subsection 78(1) of the Act is replaced by the following:

Request by Canada for extradition

78. (1) The Minister, at the request of a competent authority, may make a request to a State or entity for the extradition of a person for the purpose of prosecuting the person for - or imposing or enforcing a sentence, or making or enforcing a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of - an offence over which Canada has jurisdiction.

193. The portion of paragraph 80(a) of the Act before subparagraph (i) is replaced by the following:

    (a) be detained or prosecuted, or have a sentence imposed or executed, or a disposition made or executed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in Canada in respect of an offence that is alleged to have been committed, or was committed, before surrender other than

194. (1) Subsection 83(1) of the Act is replaced by the following:

Commenceme nt of sentence

83. (1) Subject to subsection (3), the sentence or disposition of a person who has been temporarily surrendered and who has been convicted and sentenced, or found guilty and sentenced, in Canada, or in respect of whom a disposition has been made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, does not commence until their final extradition to Canada.

(2) Subsection 83(3) of the Act is replaced by the following:

If concurrent sentences ordered

(3) The sentencing judge may order that the person's sentence, or the disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, be executed concurrently with the sentence they are serving in the requested State or entity, in which case the warrant of committal or order of disposition shall state that the person is to be committed to custody under subsection (2) only for any portion of the sentence or disposition remaining at the time of their final extradition to Canada.

R.S., c. 30 (4th Supp.)

Mutual Legal Assistance in Criminal Matters Act

195. Section 29 of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following:

Exception for young persons

29. Sections 24 to 28 do not apply in respect of a person who, at the time the request mentioned in subsection 24(1) is presented, is a young person within the meaning of the Youth Criminal Justice Act.

R.S., c. P-20

Prisons and Reformatories Act

196. (1) Paragraph (b) of the definition ``prisoner'' in subsection 2(1) of the Prisons and Reformatories Act is replaced by the following:

      (b) a young person within the meaning of the Youth Criminal Justice Act with respect to whom no order, committal or direction has been made under paragraph 76(1)(a) or section 89, 92 or 93 of that Act,

(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

``sentence''
« peine »

``sentence'' includes a youth sentence imposed under the Youth Criminal Justice Act;

197. Section 6 of the Act is amended by adding the following after subsection (7):

Transfer or committal to prison

(7.1) When a prisoner is transferred from a youth custody facility to a prison under section 89, 92 or 93 of the Youth Criminal Justice Act or as the result of the application of section 743.5 of the Criminal Code, the prisoner is credited with full remission under this section for the portion of the sentence that the offender served in the youth custody facility as if that portion of the sentence had been served in a prison.

Exceptional date of release

(7.2) When a prisoner who was sentenced to custody under paragraph 42(2)(o), (q) or (r) of the Youth Criminal Justice Act is transferred from a youth custody facility to a prison under section 92 or 93 of that Act, or is committed to imprisonment in a prison under section 89 of that Act, the prisoner is entitled to be released on the earlier of

    (a) the date on which the prisoner is entitled to be released from imprisonment in accordance with subsection (5) of this section, and

    (b) the date on which the custody portion of his or her youth sentence under paragraph 42(2)(o), (q) or (r) of the Youth Criminal Justice Act expires.