Youth Probation Orders

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General Principles

Probationary orders for young offenders may be made under 42(2)(k) for a period of no more than two years.[1]

Conditions available are enumerated in s. 55:

Conditions that must appear in orders

55 (1) The youth justice court shall prescribe, as conditions of an order made under paragraph 42(2)(k) or (l), that the young person

(a) keep the peace and be of good behaviour; and
(b) appear before the youth justice court when required by the court to do so.
Conditions that may appear in orders

(2) A youth justice court may prescribe, as conditions of an order made under paragraph 42(2)(k) or (l), that a young person do one or more of the following that the youth justice court considers appropriate in the circumstances:

(a) report to and be supervised by the provincial director or a person designated by the youth justice court;
(b) notify the clerk of the youth justice court, the provincial director or the youth worker assigned to the case of any change of address or any change in the young person’s place of employment, education or training;
(c) remain within the territorial jurisdiction of one or more courts named in the order;
(d) make reasonable efforts to obtain and maintain suitable employment;
(e) attend school or any other place of learning, training or recreation that is appropriate, if the youth justice court is satisfied that a suitable program for the young person is available there;
(f) reside with a parent, or any other adult that the youth justice court considers appropriate, who is willing to provide for the care and maintenance of the young person;
(g) reside at a place that the provincial director may specify;
(h) comply with any other conditions set out in the order that the youth justice court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences; and
(i) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order.

YCJA


Note up: 55(1) and (2)

Section 55(2) provides for residual powers "to impose conditions that ...[are] appropriate, including conditions to secure the young person good conduct and to prevent the young person from repeating the offence or committing other offences."[2]

Communication of order

56 (1) A youth justice court that makes an order under paragraph 42(2)(k) or (l) shall

(a) cause the order to be read by or to the young person bound by it;
(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

(2) A youth justice court that makes an order under paragraph 42(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

(3) After the order has been read and explained under subsection (1), 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

(4) 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.

Commencement of order

(5) An order made under paragraph 42(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

(6) 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 42(2)(k) or (l), and the court orders under subsection 42(12) a delay in the start of the period of custody, the court may divide the period that the order made under paragraph 42(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

(7) A young person may be given notice either orally or in writing to appear before the youth justice court under paragraph 55(1)(b).

Warrant in default of appearance

(8) 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.

YCJA


Note up: 56(1), (2), (3), (4), (5), (6), (7), and (8)

  1. s. 42(2) states "(k) place the young person on probation in accordance with sections 55 and 56 (conditions and other matters related to probation orders) for a specified period not exceeding two years;"
  2. R v VRA, 2007 CanLII 49481 (ON SC), per Abbey J, at para 31