Inducing a Young Person (Offence): Difference between revisions
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==Offence Wording== | ==Offence Wording== | ||
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; Inducing a young person, etc. | |||
136 (1) Every person who | 136 (1) Every person who | ||
:(a) induces or assists a young person to leave unlawfully a place of custody or other place in which the young person has been placed in accordance with a youth sentence or a disposition imposed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, | :(a) induces or assists a young person to leave unlawfully a place of custody or other place in which the young person has been placed in accordance with a youth sentence or a disposition imposed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, | ||
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is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction. | is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction. | ||
<br> | <br> | ||
; Absolute jurisdiction of provincial court judge | |||
(2) The jurisdiction of a provincial court judge to try an adult charged with an indictable offence under this section is absolute and does not depend on the consent of the accused. | (2) The jurisdiction of a provincial court judge to try an adult charged with an indictable offence under this section is absolute and does not depend on the consent of the accused. | ||
|[http://canlii.ca/t/52hl0#sec136 YCJA] | |[http://canlii.ca/t/52hl0#sec136 YCJA] | ||
|{{NoteUpYCJA|136|1|2}} | |||
}} | }} | ||
===Draft Form of Charges=== | |||
{{seealso|Draft Form of Charges}} | |||
{{DraftHeader}} | |||
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|"{{ellipsis1}}, contrary to section 136(1) of the ''Youth Criminal Justice Act''. | |||
{{DraftEnd}} | |||
Latest revision as of 12:30, 8 May 2023
Overview
Offence Wording
- Inducing a young person, etc.
136 (1) Every person who
- (a) induces or assists a young person to leave unlawfully a place of custody or other place in which the young person has been placed in accordance with a youth sentence or a disposition imposed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,
- (b) unlawfully removes a young person from a place referred to in paragraph (a),
- (c) knowingly harbours or conceals a young person who has unlawfully left a place referred to in paragraph (a),
- (d) wilfully induces or assists a young person to breach or disobey a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or
- (e) wilfully prevents or interferes with the performance by a young person of a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.
- Absolute jurisdiction of provincial court judge
(2) The jurisdiction of a provincial court judge to try an adult charged with an indictable offence under this section is absolute and does not depend on the consent of the accused.
Draft Form of Charges
| Pre-ambles | ||
|---|---|---|
| "THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR | ||
| "THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR | ||
| "AND FURTHER at the same time and place aforesaid, he [or she]..." | ||
| Code Section | Subject of Offence | Draft Wording |
| "..., contrary to section 136(1) of the Youth Criminal Justice Act. |