Bill C-289

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First Reading

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	1st Session, 37th Parliament, 49-50 Elizabeth II, 2001
	House of Commons of Canada
	BILL C-289
	An Act to amend the Young Offenders Act (public safety)
R.S., c. Y-1	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	*1. (1) The definitions ``child'' and ``young person'' in subsection 2(1) of the Young Offenders Act* are replaced by the following:**
``child'' « enfant »	``child'' means a person who is, or in the absence of evidence to the contrary, appearsto be under the age of ten years;
``young person'' « adolescent »	``young person'' means a person who is or, in the absence of evidence to the contrary, appears to be ten years of age or more, but under the age of sixteen years and, where the context requires, includes any person who is charged under this Act with having committed an offence while he was a young person or is found guilty of an offence under this Act;



	(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
``violent offence'' « infraction violente »	``violent offence'' means an offence under section 235 of the Criminal Code or an offence listed in Schedule I or II of the Corrections and Conditional Release Act;
1995, c. 19, s. 1	2. Subsection 3(1) of the Act is amended
	(a) by renumbering paragraph (a) as (e);
	(b) by renumbering paragraph (c.1) as (a) and replacing it by the following:
	(a) the protection of society is the primary objective of the criminal law applicable to youth;
	(c) by renumbering paragraph (a.1) as (c);
	(d) by renumbering paragraph (c) as (d) and replacing it by the following:
	(d) young persons who commit offences require supervision, discipline and control, but, because of their state of dependency and level of development and maturity, they also have special needs and require education, counselling , guidance and assistance to effectively rehabilitate them ;
	(e) by renumbering paragraph (d) as (f) and replacing it by the following:
	(f) where it is not inconsistent with the protection of society, taking no measures or taking measures other than judicial proceedings under this Act should be considered for dealing with young persons other than those who have been convicted of a violent offence;
	(f) by renumbering paragraph (e) as (g);
	(g) by renumbering paragraph (f) as (h);
	(h) by renumbering paragraph (g) as (i);
	(i) by renumbering paragraph (h) as (j); and
	(j) by adding the following after paragraph (j):
	(k) parents, schoolteachers and others who have care of and authority over young persons need to be supported by the law and public policy in the reasonable exercise of reasonable discipline including reasonable force in the correction of young persons, so that, where possible, informal treatment of non-violent incidents may be used and the need to instigate the law enforcement process in such incidents will be minimized;
	(l) where a young person is apprehended for a non-violent incident, the peace officer should always give consideration to dealing with the matter informally by discussion with the young person, parents and others having authority over the young person; and
	(m) where a formal disposition under the law is necessary, an informal setting for the proceedings, approved by the agent of the attorney general, should be used if possible.
	3. (1) Paragraphs 4(1)(a), (b) and (c) of the Act are replaced by the following:
	(a) the young person is not charged with a violent offence;
	(a.1) the measures are a part of a program of alternative measures authorized by the Attorney General and conforms to standards set by the Attorney General ;
	(b) the Attorney General or his agent has taken under consideration the use of the measures and is satisfied that they would be appropriate, having regard firstly to the interests of society and secondly to the needs of the young person;
	(c) the views expressed by the victims of the alleged offence regarding the appropriateness of the measures have been heard and duly considered;
	(c.1) the young person, having been informed of the alternative measures, fully and freely consents to participate therein;
	(2) Paragraph 4(2)(a) of the Act is renumbered as paragraph (a.3) and the following is added before paragraph (a.3):
	(a) has been dealt with previously by alternative measures in respect of an earlier alleged offence;
	(a.1) has been previously convicted of a violent offence committed before the alleged offence;
	(a.2) the alleged offence is a violent offence;
	(3) Subsection 4(3) of the Act is replaced by the following:
Admissions not admissible in criminal evidence	(3) No admission, confession or statement admitting responsibility for a given act or omission made by a young person alleged to have committed an offence as a condition of his being dealt with by alternative measures shall be admissible in evidence against him in any criminal proceedings.
added, R.S., c. 24 (2nd Supp.), s. 5	4. The portion of subsection 7.1(1) of the Act before paragraph (a) and paragraph (a) are replaced by the following:
Threat to society	7.1 (1) Where a youth court judge or a justice is satisfied that a young person does not pose a threat to the safety of society and is satisfied that
	(a) the young person who has been arrested would, but for this subsection, be detained in custody,
R.S., c. 24 (2nd Supp.), s. 8 and s. 44 (Sch., item 2)(F); 1992, c. 47, s. 83	5. (1) Subsection 10(1) of the Act is replaced by the following:
Parents or guardian must attend	10. (1) The court shall issue an order in writing requiring the parent or parents having custody of a young person appearing before a youth court to attend all stages of the court proceedings, and they must so attend except to the extent that the court is satisfied that there is good reason for one or more of them not to attend.
	(2) Section 10 of the Act is amended by adding the following after subsection (5):
Application of section to legal guardian	(6) In this section, the word ``parent'' includes the legal guardian of a young person, where one has been appointed.
1995, c. 19, s. 3; 1999, c. 3, s. 87	6. (1) Paragraph 12(1)(c) of the Act is repealed.
	(2) Subsection 12(3.1) of the Act is repealed.
R.S., c. 24 (2nd Supp.), s. 10; 1991, c. 43, ss. 32 and 35(a); 1995, c. 19, s. 4	7. (1) Paragraph 13(1)(a) of the Act is repealed.
	(2) Paragraph 13(2)(a) of the Act is repealed.
added, 1991, c. 43, ss. 33 and 35(b); 1994, c. 26, s. 76; 1995, c. 19, s. 5	8. Paragraph 13.1(2)(a) of the Act is repealed.
added, 1991, c. 43, s. 33	9. Subsections 13.2(8) and (9) of the Act are repealed.
	10. Subsection 15(1) of the Act is replaced by the following:
Disqualifi- cation of judge	15. (1) Subject to subsection (2), a youth court judge who, prior to an adjudication in respect of a young person charged with an offence, examines a pre-disposition report in respect of the young person in connection with that offence, shall not in any capacity conduct or continue the trial of the young person for the offence and shall transfer the case to another judge to be dealt with according to law.
R.S., c. 24 (2nd Supp.), s. 12; 1992, c. 11, s. 2; 1995, c. 19, s. 8	11. Section 16 of the Act is replaced by the following:
Transfer to ordinary court	16. Notwithstanding any other provision of this Act, every young person against whom an information is laid, who is alleged to have committed a violent offence and who was fourteen or fifteen years of age at the time the offence was alleged to have been committed shall be automatically proceeded against in ordinary court in accordance with the law normally applicable to an adult charged with the offence.
added, 1992, c. 11, s. 2; 1995, c. 19, s. 9	12. (1) Subsections 16.1(1), (2) and (3) of the Act are replaced by the following:
Detention of person aged 14 or 15	16.1 (1) Notwithstanding anything in this or any other Act of Parliament, where a young person who is of the age of fourteen or fifteen years is to be proceeded against in ordinary court by reason of section 16, and the young person is to be in custody pending proceedings in that court, the young person shall be held in a place of detention for young persons , unless the youth court is satisfied, on application, that the young person, having regard first to the safety of others and second to the best interests of the young person, should be detained in a place of detention for adults.
Detention seaparate from adult	(2) Notwithstanding anything in this or any other Act of Parliament, where a young person who is of the age of fourteen or fifteen years is to be proceeded against in ordinary court by reason of section 16, and the young person is to be in custody pending proceedings in that court, and cannot be detained in a place of detention for young persons , the young person shall be held separate and apart from any adult who is detained or held in custody.
Review	(3) On application, the youth court shall review the placement of a young person in detention pursuant to this section and, if satisfied, having regard first to the safety of others and second to the best interests of the young person, and after having afforded the young person, the provincial director and a representative of a provincial department responsible for adult correctional facilities an opportunity to be heard, that the young person should remain in detention where the young person is or be transferred to youth or adult detention, as the case may be, the court may so order.
	(2) Subsection 16.1(7) of the Act is replaced by the following:
Limit - age 16	(7) Notwithstanding anything in this Act , no person shall remain in custody in a place of detention for young persons after attaining the age of sixteen years.
added, 1992, c. 11, s. 2; 1994, c. 26, s. 77(F); 1995, c. 19, s. 10	13. The portion of section 16.2(2) of the Act before paragraph (a) and paragraphs 16.2(2)(a) and (b) of the Act are replaced by the following:
Factors to be taken into account	(2) In making an order under subsection (1), the court shall take into account
	(a) first , the safety of the public; and second
	(b) the safety of the young person ;
	14. The Act is amended by adding the following after section 16.2:
Dangerous offender	16.3 Where a young person is convicted of a violent offence that is a serious personal injury offence within the meaning of section 752 of the Criminal Code, Part XXIV of the Criminal Code applies to the young offender and an application may be made under that Part to have the young person found to be a dangerous offender.
1995, c. 19, s. 11	15. Section 17 of the Act is repealed.
R.S., c. 24 (2nd Supp.), s. 13; 1995, c. 19, s. 12	16. Subsection 19(3) of the Act is repealed.
R.S., c. 27 (1st Supp.), s. 187 (Sch. V, item 7(1)); R.S., c. 24 (2nd Supp.), s. 14; R.S., c. 1 (4th Supp.), s. 38; 1992, c. 11, s. 3; 1993, c. 45, s. 15; 1995, c. 19, s. 13, c. 22, s. 16, s. 17 (Sch. III, item 10) and s. 25(b), c. 39, s. 178	17. (1) Paragraph 20(1)(a) of the Act is replaced by the following:
	(a) by order direct that the young person be discharged absolutely if the court considers it firstly not to be contrary to the public interest and secondly to be in the best interests of the young person.
	(2) Paragraph 20(1)(j) of the Act is replaced by the following:
	(j) place the young person on probation in accordance with section 23 for a period not exceeding five years;
	(3) Subparagraphs 20(1)(k)(i) and (ii) of the Act are replaced by the following:
	(i) seven years from the date of committal, or
	(ii) where the young person is found guilty of an offence for which the punishment provided by the Criminal Code or any other Act of Parliament is imprisonment for life, fifteen years from the date of committal;
	(4) Paragraph 20(1)(k.1) of the Act is replaced by the following:
	(k. 1) order the young person to serve a disposition not to exceed
	(i) in the case of first degree murder, fifteen years comprised of
	(A) a committal to custody, to be served continuously, for a period that shall not, subject to subsection 26.1(1), exceed ten years from the date of committal, and
	(B) a placement under conditional supervision for a period not to exceed five years to be served in the community in accordance with section 26.2, and
	(ii) in the case of second degree murder, ten years comprised of
	(A) a committal to custody, to be served continuously, for a period that shall not, subject to subsection 26.1(1), exceed seven years from the date of committal, and
	(B) a placement under conditional supervision for a period not to exceed three years to be served in the community in accordance with section 26.2; and
	(5) Subsection 20(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (k.1), by adding the word ``and'' at the end of paragraph (l) and by adding the following after paragraph (l):
	(m) where the offence affects a particular community, refer the question of what disposition should be made to a group of persons representing the community who have been designated by or selected by a process designated by the court, and having considered the recommendations of the group as to what disposition should be made, order the young person to be subject to such of the recommendations or modification of the recommendations as the court deems appropriate.

Bill C-289

BILL C-289