Bill C-413
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2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-413 |
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An Act to amend the Young Offenders Act
(definition of ``child'')
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| Preamble
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Whereas on November 20, 1989, the
Convention on the Rights of the Child was
adopted in the United Nations General
Assembly;
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And Whereas the United Nations
Convention on the Rights of the Child has
been ratified by Canada on December 13,
1991;
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And Whereas the Convention proposes a
definition of ``child'' that should be applied
uniformly in the laws of Canada;
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Now, Therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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| R.S., c. Y-1;
R.S., c. 27 (1st
Supp.), c. 24
(2nd Supp.),
c. 1 (3rd
Supp.), c. 1
(4th Supp.);
1991, c. 43;
1992, cc. 1,
11, 47; 1993,
c. 45; 1994, c.
26; 1995 cc.
19, 22, 27, 39
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1. (1) The definition of ``child'' in
subsection 2(1) of the Young Offenders Act is
replaced by the following:
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| ``child'' « enfant »
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``child'' means a person who is under the age
of eighteen years;
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(2) The definition of ``young person'' in
subsection 2(1) of the Act is repealed.
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(3) The Act is amended by adding the
following after subsection 2(2):
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| Interpreta- tion
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(3) For the purposes of this Act, a child who
is twelve years of age or more, but under
eighteen years of age, includes any person
who, in the absence of evidence to the
contrary, appears to be twelve years of age or
more, but under eighteen years of age, 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.
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| Interpreta- tion
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(4) For the purposes of this Act, a child
under the age of twelve years includes any
person who, in the absence of evidence to the
contrary, appears to be under the age of twelve
years.
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2. The Act is amended by replacing the
expression ``young person'', wherever it
occurs, with the words ``child who is twelve
years of age or more but under eighteen
years of age'', with such modifications as
the circumstances require.
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3. The Act is amended by replacing the
word ``child'', wherever it occurs, with the
exception of subsection 2(1), with the words
``child under the age of twelve years'', with
such modifications as the circumstances
require.
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