Youth Criminal Justice: Difference between revisions
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{{HeaderYouth}} | {{HeaderYouth}} | ||
==Youth Court Justice== | ==Youth Court Justice== | ||
The Youth justice system is entirely separate from the adult criminal system. There can be no joint trials between adults and youth.<ref> | The Youth justice system is entirely separate from the adult criminal system. There can be no joint trials between adults and youth.<ref> | ||
{{CanLIIRP|SJL|22wn9|2009 SCC 14 (CanLII)| | {{CanLIIRP|SJL|22wn9|2009 SCC 14 (CanLII)|[2009] 1 SCR 426}}{{perSCC|Deschamps J}}{{atL|22wn9|72}} | ||
</ref> | </ref> | ||
The two systems are "completely separate" and "hermetic" | The two systems are "completely separate" and "hermetic."<ref> | ||
{{ibid1|SJL}}{{atL|22wn9|74}} | {{ibid1|SJL}}{{atL|22wn9|74}} | ||
</ref> | </ref> | ||
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; Court of record | ; Court of record | ||
(4) A youth justice court is a court of record. | (4) A youth justice court is a court of record. | ||
| | |{{YCJASec2|13}} | ||
|{{NoteUpYCJA|13|1|2|3|4}} | |{{NoteUpYCJA|13|1|2|3|4}} | ||
}} | }} | ||
{{reflist|2}} | {{reflist|2}} | ||
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:(a) administer oaths or solemn affirmations in all matters relating to the business of the youth justice court; and | :(a) administer oaths or solemn affirmations in all matters relating to the business of the youth justice court; and | ||
:(b) in the absence of a youth justice court judge, exercise all the powers of a youth justice court judge relating to adjournment. | :(b) in the absence of a youth justice court judge, exercise all the powers of a youth justice court judge relating to adjournment. | ||
| | |{{YCJASec2|21}} | ||
|{{NoteUpYCJA|21}} | |{{NoteUpYCJA|21}} | ||
}} | }} | ||
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; Powers, duties and functions of provincial directors | ; Powers, duties and functions of provincial directors | ||
22 The provincial director may authorize any person to exercise the powers or perform the duties or functions of the provincial director under this Act, in which case the powers, duties or functions are deemed to have been exercised or performed by the provincial director. | 22 The provincial director may authorize any person to exercise the powers or perform the duties or functions of the provincial director under this Act, in which case the powers, duties or functions are deemed to have been exercised or performed by the provincial director. | ||
| | |{{YCJASec2|22}} | ||
|{{NoteUpYCJA|22}} | |{{NoteUpYCJA|22}} | ||
}} | }} | ||
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:(e) acting as a conference; and | :(e) acting as a conference; and | ||
:(f) any other functions assigned by the person who establishes the committee. | :(f) any other functions assigned by the person who establishes the committee. | ||
| | |{{YCJASec2|18}} | ||
|{{NoteUpYCJA|18|1|2}} | |{{NoteUpYCJA|18|1|2}} | ||
}} | }} | ||
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:(b) programs that are an alternative to detention before sentencing, such as bail supervision programs; and | :(b) programs that are an alternative to detention before sentencing, such as bail supervision programs; and | ||
:(c) programs that are an alternative to custody, such as intensive support and supervision programs, and programs to carry out attendance orders. | :(c) programs that are an alternative to custody, such as intensive support and supervision programs, and programs to carry out attendance orders. | ||
| | |{{YCJASec2|157}} | ||
|{{NoteUpYCJA|157}} | |{{NoteUpYCJA|157}} | ||
}} | }} | ||
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; Agreements with provinces | ; Agreements with provinces | ||
156 Any minister of the Crown may, with the approval of the Governor in Council, enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act. | 156 Any minister of the Crown may, with the approval of the Governor in Council, enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act. | ||
| | |{{YCJASec2|156}} | ||
|{{NoteUpYCJA|156}} | |{{NoteUpYCJA|156}} | ||
}} | |||
===Attorney General Review=== | |||
{{quotation2| | |||
; Certain Offences — Review of Charges by Attorney General | |||
; Review required | |||
24.1 If a charge for which an appearance notice, summons or release order was issued, or an undertaking was given, is dismissed, withdrawn or stayed, or the young person is acquitted of that charge, the Attorney General must review any charge pending against the young person under any of subsections 145(2) to (5) of the Criminal Code for failure to comply with the appearance notice, summons, release order or undertaking in order to determine whether the prosecution of the charge should proceed. | |||
2019, c. 25, s. 363. | |||
|[{{YCJASec|24.1}} YCJA] | |||
|{{NoteUpYCJA|24.1}} | |||
}} | }} | ||
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; Prohibition on proceedings | ; Prohibition on proceedings | ||
158 On and after the coming into force of this section, no proceedings may be commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act, or under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act. | 158 On and after the coming into force of this section, no proceedings may be commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act, or under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act. | ||
| | |{{YCJASec2|158}} | ||
|{{NoteUpYCJA|158}} | |{{NoteUpYCJA|158}} | ||
}} | }} | ||
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; Proceedings commenced under Juvenile Delinquents Act | ; Proceedings commenced under Juvenile Delinquents Act | ||
(2) Subject to section 161, where, before the coming into force of this section, proceedings are commenced under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act alleged to have been committed by a person who was at the time of the delinquency a child as defined in that Act, the proceedings and all related matters shall be dealt with under this Act as if the delinquency were an offence that occurred after the coming into force of this section. | (2) Subject to section 161, where, before the coming into force of this section, proceedings are commenced under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act alleged to have been committed by a person who was at the time of the delinquency a child as defined in that Act, the proceedings and all related matters shall be dealt with under this Act as if the delinquency were an offence that occurred after the coming into force of this section. | ||
| | |{{YCJASec2|159}} | ||
|{{NoteUpYCJA|159|1|2}} | |{{NoteUpYCJA|159|1|2}} | ||
}} | }} | ||
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; Review of sentence | ; Review of sentence | ||
(3) For greater certainty, for the purpose of determining when the sentence is reviewed under section 94 {{AnnSecY|94}}, the relevant date is the one on which the disposition came into force under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985. | (3) For greater certainty, for the purpose of determining when the sentence is reviewed under section 94 {{AnnSecY|94}}, the relevant date is the one on which the disposition came into force under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985. | ||
| | |{{YCJASec2|161}} | ||
|{{NoteUpYCJA|161|1|2|3}} | |{{NoteUpYCJA|161|1|2|3}} | ||
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{{LegHistory00s|2002, c. 1}}, s. 162; {{LegHistory10s|2012, c. 1}}, s. 194. | {{LegHistory00s|2002, c. 1}}, s. 162; {{LegHistory10s|2012, c. 1}}, s. 194. | ||
| | |{{YCJASec2|162}} | ||
|{{NoteUpYCJA|162}} | |{{NoteUpYCJA|162}} | ||
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; Application to delinquency and other offending behaviour | ; Application to delinquency and other offending behaviour | ||
163 Sections 114 to 129 {{AnnSecY|114 to 129}} apply, with any modifications that the circumstances require, in respect of records relating to the offence of delinquency under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, and in respect of records kept under sections 40 to 43 of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985. | 163 Sections 114 to 129 {{AnnSecY|114 to 129}} apply, with any modifications that the circumstances require, in respect of records relating to the offence of delinquency under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, and in respect of records kept under sections 40 to 43 of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985. | ||
| | |{{YCJASec2|163}} | ||
|{{NoteUpYCJA|163}} | |{{NoteUpYCJA|163}} | ||
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; Agreements continue in force | ; Agreements continue in force | ||
164 Any agreement made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, remains in force until it expires, unless it is amended or a new agreement is made under this Act. | 164 Any agreement made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, remains in force until it expires, unless it is amended or a new agreement is made under this Act. | ||
| | |{{YCJASec2|164}} | ||
|{{NoteUpYCJA|164}} | |{{NoteUpYCJA|164}} | ||
}} | }} | ||
== | ==Miscellaneous ''Youth Criminal Justice Act'' Definitions== | ||
{{quotation2| | {{quotation2| | ||
; Interpretation | ; Interpretation | ||
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{{LegHistory10s|2012, c. 1}}, s. 167; | {{LegHistory10s|2012, c. 1}}, s. 167; | ||
{{LegHistory10s|2014, c. 2}}, s. 52. | {{LegHistory10s|2014, c. 2}}, s. 52. | ||
| | |{{YCJASec2|2}} | ||
|{{NoteUpYCJA|2|1|2|3}} | |{{NoteUpYCJA|2|1|2|3}} | ||
}} | }} | ||
Latest revision as of 14:40, 14 July 2024
| This page was last substantively updated or reviewed January 2020. (Rev. # 95550) |
Youth Court Justice
The Youth justice system is entirely separate from the adult criminal system. There can be no joint trials between adults and youth.[1] The two systems are "completely separate" and "hermetic."[2]
- Youth Justice Court
- Designation of youth justice court
13 (1) A youth justice court is any court that may be established or designated by or under an Act of the legislature of a province, or designated by the Governor in Council or the lieutenant governor in council of a province, as a youth justice court for the purposes of this Act, and a youth justice court judge is a person who may be appointed or designated as a judge of the youth justice court or a judge sitting in a court established or designated as a youth justice court.
- Deemed youth justice court
(2) When a young person elects to be tried by a judge without a jury, the judge shall be a judge as defined in section 552 [definitions - judges] of the Criminal Code, or if it is an offence set out in section 469 [exclusive jurisdiction offences] of that Act, the judge shall be a judge of the superior court of criminal jurisdiction in the province in which the election is made. In either case, the judge is deemed to be a youth justice court judge and the court is deemed to be a youth justice court for the purpose of the proceeding.
- Deemed youth justice court
(3) When a young person elects or is deemed to have elected to be tried by a court composed of a judge and jury, the superior court of criminal jurisdiction in the province in which the election is made or deemed to have been made is deemed to be a youth justice court for the purpose of the proceeding, and the superior court judge is deemed to be a youth justice court judge.
- Court of record
(4) A youth justice court is a court of record.
- ↑ R v SJL, 2009 SCC 14 (CanLII), [2009] 1 SCR 426, per Deschamps J, at para 72
- ↑ SJL, ibid., at para 74
Administration of Youth Criminal Justice
Clerk of the Court
- Clerks of the Court
- Powers of clerks
21 In addition to any powers conferred on a clerk of a court by the Criminal Code, a clerk of the youth justice court may exercise the powers ordinarily exercised by a clerk of a court, and, in particular, may
- (a) administer oaths or solemn affirmations in all matters relating to the business of the youth justice court; and
- (b) in the absence of a youth justice court judge, exercise all the powers of a youth justice court judge relating to adjournment.
Provincial Directors
- Provincial Directors
- Powers, duties and functions of provincial directors
22 The provincial director may authorize any person to exercise the powers or perform the duties or functions of the provincial director under this Act, in which case the powers, duties or functions are deemed to have been exercised or performed by the provincial director.
Youth Justice Committees
- Youth justice committees
18 (1) The Attorney General of Canada or a province or any other minister that the lieutenant governor in council of the province may designate may establish one or more committees of citizens, to be known as youth justice committees, to assist in any aspect of the administration of this Act or in any programs or services for young persons.
- Role of committee
(2) The functions of a youth justice committee may include the following:
- (a) in the case of a young person alleged to have committed an offence,
- (i) giving advice on the appropriate extrajudicial measure to be used in respect of the young person,
- (ii) supporting any victim of the alleged offence by soliciting his or her concerns and facilitating the reconciliation of the victim and the young person,
- (iii) ensuring that community support is available to the young person by arranging for the use of services from within the community, and enlisting members of the community to provide short-term mentoring and supervision, and
- (iv) when the young person is also being dealt with by a child protection agency or a community group, helping to coordinate the interaction of the agency or group with the youth criminal justice system;
- (b) advising the federal and provincial governments on whether the provisions of this Act that grant rights to young persons, or provide for the protection of young persons, are being complied with;
- (c) advising the federal and provincial governments on policies and procedures related to the youth criminal justice system;
- (d) providing information to the public in respect of this Act and the youth criminal justice system;
- (e) acting as a conference; and
- (f) any other functions assigned by the person who establishes the committee.
Community Programming
- Community-based programs
157 The Attorney General of Canada or a minister designated by the lieutenant governor in council of a province may establish the following types of community-based programs:
- (a) programs that are an alternative to judicial proceedings, such as victim-offender reconciliation programs, mediation programs and restitution programs;
- (b) programs that are an alternative to detention before sentencing, such as bail supervision programs; and
- (c) programs that are an alternative to custody, such as intensive support and supervision programs, and programs to carry out attendance orders.
- Agreements with provinces
156 Any minister of the Crown may, with the approval of the Governor in Council, enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act.
Attorney General Review
- Certain Offences — Review of Charges by Attorney General
- Review required
24.1 If a charge for which an appearance notice, summons or release order was issued, or an undertaking was given, is dismissed, withdrawn or stayed, or the young person is acquitted of that charge, the Attorney General must review any charge pending against the young person under any of subsections 145(2) to (5) of the Criminal Code for failure to comply with the appearance notice, summons, release order or undertaking in order to determine whether the prosecution of the charge should proceed.
2019, c. 25, s. 363.
Appearance before a Youth Justice
Relationship With Previous Legislation
- Prohibition on proceedings
158 On and after the coming into force of this section, no proceedings may be commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act, or under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act.
- Proceedings commenced under Young Offenders Act
159 (1) Subject to section 161, where, before the coming into force of this section, proceedings are commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act alleged to have been committed by a person who was at the time of the offence a young person within the meaning of that Act, the proceedings and all related matters shall be dealt with in all respects as if this Act had not come into force.
- Proceedings commenced under Juvenile Delinquents Act
(2) Subject to section 161, where, before the coming into force of this section, proceedings are commenced under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act alleged to have been committed by a person who was at the time of the delinquency a child as defined in that Act, the proceedings and all related matters shall be dealt with under this Act as if the delinquency were an offence that occurred after the coming into force of this section.
- Applicable sentence
161 (1) A person referred to in section 159 who is found guilty of an offence or delinquency, other than a person convicted of an offence in ordinary court, as defined in subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, shall be sentenced under this Act, except that
- (a) paragraph 110(2)(b) does not apply in respect of the offence or delinquency; and
- (b) paragraph 42(2)(r) applies in respect of the offence or delinquency only if the young person consents to its application.
The provisions of this Act applicable to sentences imposed under section 42 apply in respect of the sentence.
- Dispositions under paragraph 20(1)(k) or (k.1) of Young Offenders Act
(2) Where a young person is to be sentenced under this Act while subject to a disposition under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, on the application of the Attorney General or the young person, a youth justice court shall, unless to do so would bring the administration of justice into disrepute, order that the remaining portion of the disposition made under that Act be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under paragraph 42(2)(n) or (q) of this Act, as the case may be.
- Review of sentence
(3) For greater certainty, for the purpose of determining when the sentence is reviewed under section 94 , the relevant date is the one on which the disposition came into force under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
- Commencement of proceedings
162 For the purposes of sections 158 and 159 , proceedings are commenced by the laying of an information or indictment.
2002, c. 1, s. 162; 2012, c. 1, s. 194.
- Application to delinquency and other offending behaviour
163 Sections 114 to 129 apply, with any modifications that the circumstances require, in respect of records relating to the offence of delinquency under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, and in respect of records kept under sections 40 to 43 of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
Miscellaneous Youth Criminal Justice Act Definitions
- Interpretation
- Definitions
2 (1) The definitions in this subsection apply in this Act.
"adult" means a person who is neither a young person nor a child. (adulte)"adult sentence", in the case of a young person who is found guilty of an offence, means any sentence that could be imposed on an adult who has been convicted of the same offence. (peine applicable aux adultes)
"Attorney General" means the Attorney General as defined in section 2 of the Criminal Code, read as if the reference in that definition to “proceedings” were a reference to “proceedings or extrajudicial measures”, and includes an agent or delegate of the Attorney General. (procureur général)
"child" means a person who is or, in the absence of evidence to the contrary, appears to be less than twelve years old. (enfant)
"conference" means a group of persons who are convened to give advice in accordance with section 19. (groupe consultatif)
"confirmed delivery service" means certified or registered mail or any other method of service that provides proof of delivery. (service de messagerie)
"custodial portion", with respect to a youth sentence imposed on a young person under paragraph 42(2)(n), (o), (q) or (r), means the period of time, or the portion of the young person’s youth sentence, that must be served in custody before he or she begins to serve the remainder under supervision in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r). (période de garde)
"disclosure" means the communication of information other than by way of publication. (communication)
"extrajudicial measures" means measures other than judicial proceedings under this Act used to deal with a young person alleged to have committed an offence and includes extrajudicial sanctions. (mesures extrajudiciaires)
"extrajudicial sanction" means a sanction that is part of a program referred to in section 10. (sanction extrajudiciaire)
"offence" means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made under an Act of Parliament other than a law of the Legislature of Yukon, of the Northwest Territories or for Nunavut. (infraction)
"parent" includes, in respect of a young person, any person who is under a legal duty to provide for the young person or any person who has, in law or in fact, the custody or control of the young person, but does not include a person who has the custody or control of the young person by reason only of proceedings under this Act. (père ou mère ou père et mère)
"pre-sentence report" means a report on the personal and family history and present environment of a young person made in accordance with section 40. (rapport prédécisionnel)
"presumptive offence" [Repealed, 2012, c. 1, s. 167]
"provincial director" means a person, a group or class of persons or a body appointed or designated by or under an Act of the legislature of a province or by the lieutenant governor in council of a province or his or her delegate to perform in that province, either generally or in a specific case, any of the duties or functions of a provincial director under this Act. (directeur provincial ou directeur)
"publication" means the communication of information by making it known or accessible to the general public through any means, including print, radio or television broadcast, telecommunication or electronic means. (publication)
"record" includes any thing containing information, regardless of its physical form or characteristics, including microform, sound recording, videotape, machine-readable record, and any copy of any of those things, that is created or kept for the purposes of this Act or for the investigation of an offence that is or could be prosecuted under this Act. (dossier)
"review "board means a review board referred to in subsection 87(2) [placement review – procedural safeguards]. (commission d’examen)
"serious offence" means an indictable offence under an Act of Parliament for which the maximum punishment is imprisonment for five years or more. (infraction grave)
"serious violent offence" means an offence under one of the following provisions of the Criminal Code:
- (a) section 231 or 235 (first degree murder or second degree murder);
- (b) section 239 (attempt to commit murder);
- (c) section 232, 234 or 236 (manslaughter); or
- (d) section 273 (aggravated sexual assault). (infraction grave avec violence)
"violent offence" means
- (a) an offence committed by a young person that includes as an element the causing of bodily harm;
- (b) an attempt or a threat to commit an offence referred to in paragraph (a); or
- (c) an offence in the commission of which a young person endangers the life or safety of another person by creating a substantial likelihood of causing bodily harm. (infraction avec violence)
"young person" means a person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old and, if the context requires, includes any person who is charged under this Act with having committed an offence while he or she was a young person or who is found guilty of an offence under this Act. (adolescent)
"youth custody facility" means a facility designated under subsection 85(2) [designation of youth custody facilities] for the placement of young persons and, if so designated, includes a facility for the secure restraint of young persons, a community residential centre, a group home, a child care institution and a forest or wilderness camp. (lieu de garde)
"youth justice court" means a youth justice court referred to in section 13 [youth justice court designations]. (tribunal pour adolescents)
"youth justice court judge" means a youth justice court judge referred to in section 13 [youth justice court designations]. (juge du tribunal pour adolescents)
"youth sentence" means a sentence imposed under section 42, 51 or 59 or any of sections 94 to 96 and includes a confirmation or a variation of that sentence. (peine spécifique)
"youth worker" means any person appointed or designated, whether by title of youth worker or probation officer or by any other title, by or under an Act of the legislature of a province or by the lieutenant governor in council of a province or his or her delegate to perform in that province, either generally or in a specific case, any of the duties or functions of a youth worker under this Act. (délégué à la jeunesse)
- Words and expressions
(2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Criminal Code.
- Descriptive cross-references
(3) If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only.
2002, c. 1, s. 2, c. 7, s. 274; 2012, c. 1, s. 167; 2014, c. 2, s. 52.