Miscellaneous Authority of a Youth Court Justice
General Principles
14 (1) ...
- Orders
(2) A youth justice court has jurisdiction to make orders against a young person under sections 83.3 (recognizance — terrorist activity), 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of certain offences), 810.011 (recognizance — fear of terrorism offence), 810.02 (recognizance — fear of forced marriage or marriage under age of 16 years) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed 30 days.
- Prosecution prohibited
(3) Unless the Attorney General and the young person agree, no extrajudicial measures shall be taken or judicial proceedings commenced under this Act in respect of an offence after the end of the time limit set out in any other Act of Parliament or any regulation made under it for the institution of proceedings in respect of that offence.
- Continuation of proceedings
(4) Extrajudicial measures taken or judicial proceedings commenced under this Act against a young person may be continued under this Act after the person attains the age of eighteen years.
- Young persons over the age of eighteen years
(5) This Act applies to persons eighteen years old or older who are alleged to have committed an offence while a young person.
- Powers of youth justice court judge
(6) For the purpose of carrying out the provisions of this Act, a youth justice court judge is a justice and a provincial court judge and has the jurisdiction and powers of a summary conviction court under the Criminal Code.
- Powers of a judge of a superior court
(7) A judge of a superior court of criminal jurisdiction, when deemed to be a youth justice court judge for the purpose of a proceeding, retains the jurisdiction and powers of a superior court of criminal jurisdiction.
2002, c. 1, s. 14; 2015, c. 20, ss. 32, 36, c. 29, s. 14.
- Powers of substitute youth justice court judge
131 (1) A youth justice court judge who acts in the place of another youth justice court judge under subsection 669.2(1) (continuation of proceedings) of the Criminal Code shall
- (a) if an adjudication has been made, proceed to sentence the young person or make the order that, in the circumstances, is authorized by law; or
- (b) if no adjudication has been made, recommence the trial as if no evidence had been taken.
- Transcript of evidence already given
(2) A youth justice court judge who recommences a trial under paragraph (1)(b) may, if the parties consent, admit into evidence a transcript of any evidence already given in the case.
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Exclusion from Court
- Exclusion from Hearing
132 (1) Subject to subsection (2), a court or justice before whom proceedings are carried out under this Act may exclude any person from all or part of the proceedings if the court or justice considers that the person’s presence is unnecessary to the conduct of the proceedings and the court or justice is of the opinion that
- (a) any evidence or information presented to the court or justice would be seriously injurious or seriously prejudicial to
- (i) the young person who is being dealt with in the proceedings,
- (ii) a child or young person who is a witness in the proceedings, or
- (iii) a child or young person who is aggrieved by or the victim of the offence charged in the proceedings; or
- (b) it would be in the interest of public morals, the maintenance of order or the proper administration of justice to exclude any or all members of the public from the court room.
- Exception
(2) Subject to section 650 (accused to be present) of the Criminal Code and except if it is necessary for the purposes of subsection 34(9) (nondisclosure of medical or psychological report) of this Act, a court or justice may not, under subsection (1), exclude from proceedings under this Act
- (a) the prosecutor;
- (b) the young person who is being dealt with in the proceedings, the counsel or a parent of the young person or any adult assisting the young person under subsection 25(7);
- (c) the provincial director or his or her agent; or
- (d) the youth worker to whom the young person’s case has been assigned.
- Exclusion after adjudication or during review
(3) A youth justice court, after it has found a young person guilty of an offence, or a youth justice court or a review board, during a review, may, in its discretion, exclude from the court or from a hearing of the review board any person other than the following, when it is being presented with information the knowledge of which might, in its opinion, be seriously injurious or seriously prejudicial to the young person:
- (a) the young person or his or her counsel;
- (b) the provincial director or his or her agent;
- (c) the youth worker to whom the young person’s case has been assigned; and
- (d) the Attorney General.
- Exception
(4) The exception set out in paragraph (3)(a) is subject to subsection 34(9) (nondisclosure of medical or psychological report) of this Act and section 650 (accused to be present) of the Criminal Code.