Bill C-68

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First Reading

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	(a) a copy of the order; and
	(b) on request, a transcript or copy of the reasons for the order.
Report	(4) Before causing the young person to be brought before it, the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information of which the provincial director is aware that may be of assistance to the court.
Provisions apply	(5) Subsections 98(2) and (4) to (7) and 104(6) apply, with any modifications that the circumstances require, in respect of a review under this section.
Provisions apply	(6) Section 100 applies, with any modifications that the circumstances require, in respect of an order made under subsection (2).
	PART 6
	PUBLICATION, RECORDS AND INFORMATION
	Protection of Privacy of Young Persons
Identity of offender not to be published	109. (1) 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 under this Act.
Limitation	(2) Subsection (1) does not apply
	(a) in a case where the information relates to a young person who is subject to an adult sentence;
	(b) subject to sections 64 and 75, in a case where the information relates to a young person who is subject to a youth sentence for an offence set out in paragraph (a) of the definition ``presumptive offence'' in subsection 2(1), or an offence set out in paragraph (b) of that definition for which the Attorney General has given notice under subsection 63(2); and
	(c) in a case where the publication of information is made in the course of the administration of justice, if it is not the purpose of the publication to make the information known in the community.
Exception	(3) A young person referred to in subsection (1) may, after he or she attains the age of eighteen years, publish or cause to be published information that would identify him or her as having been dealt with under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, provided that he or she is not in custody pursuant to either Act at the time of its publication.
Ex parte application for leave to publish	(4) A youth justice court judge shall, on the ex parte application of a peace officer, make an order permitting any person to publish information that identifies a young person as having committed or allegedly committed an indictable offence, if the judge is satisfied that
	(a) there is reason to believe that the young person is a danger to others; and
	(b) publication of the information is necessary to assist in apprehending the young person.
Order ceases to have effect	(5) An order made under subsection (4) ceases to have effect five days after it is made.
Application for leave to publish	(6) The youth justice court may, on the application of a young person referred to in subsection (1), make an order permitting the young person to publish information that would identify him or her as having been dealt with under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, if the court is satisfied that the publication would not be contrary to the young person's best interests or the public interest.
Identity of victim or witness not to be published	110. (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, 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.
Exception	(2) A child or young person referred to in subsection (1) may, after he or she attains the age of eighteen years, publish or cause to be published information that would identify him or her as having been a victim or a witness.
Application for leave to publish	(3) The youth justice court may, on the application of a child or a young person referred to in subsection (1), make an order permitting the child or young person to publish information that would identify him or her as having been a victim or a witness if the court is satisfied that the publication would not be contrary to his or her best interests or the public interest.
Non-applicati on	111. Once information is published under subsection 109(3) or (6) or 110(2) or (3), subsection 109(1) or 110(1), as the case may be, no longer applies in respect of the information.
	Fingerprints and Photographs
Identification of Criminals Act applies	112. (1) The Identification of Criminals Act applies in respect of young persons.
Limitation	(2) No fingerprint, palmprint or photograph or other measurement, process or operation referred to in the Identification of Criminals Act shall be taken of, or applied in respect of, a young person who is charged with having committed an offence except in the circumstances in which an adult may, under that Act, be subjected to the measurements, processes and operations.
	Records that May Be Kept
Youth justice court, review board and other courts	113. 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.
Police records	114. (1) 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 force responsible for or participating in the investigation of the offence.
Police records	(2) When a young person is charged with having committed an offence in respect of which an adult may be subjected to any measurement, process or operation referred to in the Identification of Criminals Act, the police force responsible for the investigation of the offence may provide a record relating to the offence to the Royal Canadian Mounted Police. If the young person is found guilty of the offence, the police force shall provide the record.
Records held by R.C.M.P	(3) The Royal Canadian Mounted Police shall keep the records provided under subsection (2) in the central repository that the Commissioner of the Royal Canadian Mounted Police may, from time to time, designate for the purpose of keeping criminal history files or records of offenders or keeping records for the identification of offenders.
Government records	115. (1) A department or an agency of any government in Canada may keep records containing information obtained by the department or agency
	(a) for the purposes of an investigation of an offence alleged to have been committed by a young person;
	(b) for use in proceedings against a young person under this Act;
	(c) for the purpose of administering a youth sentence or an order under the Firearms Act or under section 810, 810.01 or 810.2 of the Criminal Code;
	(d) for the purpose of considering whether to use extrajudicial measures to deal with a young person; or
	(e) as a result of the use of extrajudicial measures to deal with a young person.
Other records	(2) A person or organization may keep records containing information obtained by the person or organization
	(a) as a result of the use of extrajudicial measures to deal with a young person; or
	(b) for the purpose of administering or participating in the administration of a youth sentence.
	Access to Records
Exception - adult sentence	116. Sections 117 to 128 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 is taken, all proceedings in respect of the appeal have been completed and the appeal court has upheld an adult sentence. The record shall be dealt with as a record of an adult and, for the purposes of the Criminal Records Act, the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction.
No access unless authorized	117. (1) Except as authorized or required by this Act, no person shall be given access to a record kept under sections 113 to 115, and no information contained in it may be given to any person, where to do so would identify the young person to whom it relates as a young person dealt with under this Act.
Exception for employees	(2) No person who is employed in keeping or maintaining records referred to in subsection (1) is restricted from doing anything prohibited under subsection (1) with respect to any other person so employed.
Persons having access to records	118. (1) 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 a record kept under section 113, and may be given access to a record kept under sections 114 and 115:
	(a) the young person to whom the record relates;
	(b) the young person's counsel, or any representative of that counsel;
	(c) the Attorney General;
	(d) the victim of the offence or alleged offence to which the record relates;
	(e) the parents of the young person, during the course of any proceedings relating to the offence or alleged offence to which the record relates or during the term of any youth sentence made in respect of the offence;
	(f) any adult assisting the young person under subsection 25(7), during the course of any proceedings relating to the offence or alleged offence to which the record relates or during the term of any youth sentence made in respect of the offence;
	(g) any peace officer for
	(i) law enforcement purposes, or
	(ii) any purpose related to the administration of the case to which the record relates, during the course of proceedings against the young person or the term of the youth sentence;
	(h) a judge, court or review board, for any purpose relating to proceedings against the young person, or proceedings against the person after he or she becomes an adult, in respect of offences committed or alleged to have been committed by that person;
	(i) the provincial director, or the director of the provincial correctional facility for adults or the penitentiary at which the young person is serving a youth sentence;
	(j) a person participating in a conference or in the administration of extrajudicial measures, if required for the administration of the case to which the record relates;
	(k) a person acting as ombudsman, privacy commissioner or information commissioner, whatever his or her official designation might be, who in the course of his or her duties under an Act of Parliament or the legislature of a province is investigating a complaint to which the record relates;
	(l) a coroner or a person acting as a child advocate, whatever his or her official designation might be, who is acting in the course of his or her duties under an Act of Parliament or the legislature of a province;
	(m) a person acting under the Firearms Act;
	(n) a member of a department or agency of a government in Canada, or an agent of the department or agency, who is
	(i) acting in the exercise of his or her duties under this Act,
	(ii) engaged in the supervision or care of the young person, whether as a young person or an adult, or in an investigation related to the young person under an Act of the legislature of a province respecting child welfare,
	(iii) considering an application for conditional release or pardon made by the young person, whether as a young person or an adult,
	(iv) administering a prohibition order made under an Act of Parliament or the legislature of a province, or
	(v) administering a youth sentence, if the young person has been committed to custody and is serving the custody in a provincial correctional facility for adults or a penitentiary;
	(o) a person, for the purpose of determining whether to grant security clearances required by the Government of Canada or the government of a province or a municipality for purposes of employment or the performance of services;
	(p) an employee or agent of the Government of Canada, for statistical purposes under the Statistics Act;
	(q) a person who, in the opinion of the court or the Attorney General in any proceeding against the person, must have access to the record so that the person may make a full answer and defence;
	(r) a person or a member of a class of persons designated by order of the Governor in Council, or the lieutenant governor in council of the appropriate province, for a purpose and to the extent specified in the order; and
	(s) any person or member of a class of persons that a youth justice court judge considers has a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that access to the record is
	(i) desirable in the public interest for research or statistical purposes, or
	(ii) desirable in the interest of the proper administration of justice.
Period of access	(2) The period of access referred to in subsection (1) is
	(a) if an extrajudicial sanction is used to deal with the young person, the period ending two years after the young person consents to be subject to the sanction in accordance with paragraph 10(2)(c);
	(b) if the young person is acquitted of the offence otherwise than by reason of a verdict of not criminally responsible on account of mental disorder, the period ending two months after the expiry of the time allowed for the taking of an appeal or, if an appeal is taken, the period ending three months after all proceedings in respect of the appeal have been completed;
	(c) if the charge against the young person is dismissed for any reason other than acquittal, the charge is withdrawn, or the young person is found guilty of the offence and a reprimand is given, the period ending two months after the dismissal, withdrawal, or finding of guilt;
	(d) if the charge against the young person is stayed, with no proceedings being taken against the young person for a period of one year, at the end of that period;
	(e) if the young person is found guilty of the offence and the youth sentence is an absolute discharge, the period ending one year after the young person is found guilty;
	(f) if the young person is found guilty of the offence and the youth sentence is a conditional discharge, the period ending three years after the young person is found guilty;
	(g) subject to paragraphs (i) and (j) and subsection (9), if the young person is found guilty of the offence and it is a summary conviction offence, the period ending three years after the youth sentence imposed in respect of the offence has been completed;
	(h) subject to paragraphs (i) and (j) and subsection (9), if the young person is found guilty of the offence and it is an indictable offence, the period ending five years after the youth sentence imposed in respect of the offence has been completed;
	(i) subject to subsection (9), if, during the period calculated in accordance with paragraph (g) or (h), the young person is found guilty of an offence punishable on summary conviction committed when he or she was a young person, the latest of
	(i) the period calculated in accordance with paragraph (g) or (h), as the case may be, and
	(ii) the period ending three years after the youth sentence imposed for that offence has been completed; and
	(j) subject to subsection (9), if, during the period calculated in accordance with paragraph (g) or (h), the young person is found guilty of an indictable offence committed when he or she was a young person, the period ending five years after the sentence imposed for that indictable offence has been completed.
Prohibition orders not included	(3) Prohibition orders made under an Act of Parliament or the legislature of a province, including any order made under section 50, shall not be taken into account in determining any period referred to in subsection (2).
Extrajudicial measures	(4) Access to a record kept under section 114 or 115 in respect of extrajudicial measures, other than extrajudicial sanctions, used in respect of a young person, shall be given only to the following persons for the following purposes:
	(a) a peace officer or the Attorney General, in order to a make a decision whether to again use extrajudicial measures in respect of the young person;

Bill C-68

PART 6

PUBLICATION, RECORDS AND INFORMATION

Protection of Privacy of Young Persons

Fingerprints and Photographs

Records that May Be Kept

Access to Records