PART 2Organization of Youth Criminal Justice System (continued)
Marginal note:Conferences may be convened
19 (1) A youth justice court judge, the provincial director, a police officer, a justice of the peace, a prosecutor or a youth worker may convene or cause to be convened a conference for the purpose of making a decision required to be made under this Act.
Marginal note:Mandate of a conference
(2) The mandate of a conference may be, among other things, to give advice on appropriate extrajudicial measures, conditions for judicial interim release, sentences, including the review of sentences, and reintegration plans.
Marginal note:Rules for conferences
(3) The Attorney General or any other minister designated by the lieutenant governor in council of a province may establish rules for the convening and conducting of conferences other than conferences convened or caused to be convened by a youth justice court judge or a justice of the peace.
Marginal note:Rules to apply
(4) In provinces where rules are established under subsection (3), the conferences to which those rules apply must be convened and conducted in accordance with those rules.
Justices of the Peace
Marginal note:Certain proceedings may be taken before justices
20 (1) Any proceeding that may be carried out before a justice under the Criminal Code, other than a plea, a trial or an adjudication, may be carried out before a justice in respect of an offence alleged to have been committed by a young person, and any process that may be issued by a justice under the Criminal Code may be issued by a justice in respect of an offence alleged to have been committed by a young person.
Marginal note:Orders under section 810 of Criminal Code
(2) Despite subsection 14(2), a justice has jurisdiction to make an order under section 810 (recognizance — fear of injury or damage) of the Criminal Code in respect of a young person. If the young person fails or refuses to enter into a recognizance referred to in that section, the justice shall refer the matter to a youth justice court.
- 2002, c. 1, s. 20
- 2019, c. 13, s. 160
Clerks of the Court
Marginal note: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.
Marginal note: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.
PART 3Judicial Measures
Consent to Prosecute
Marginal note:Pre-charge screening
23 (1) The Attorney General may establish a program of pre-charge screening that sets out the circumstances in which the consent of the Attorney General must be obtained before a young person is charged with an offence.
Marginal note:Pre-charge screening program
(2) Any program of pre-charge screening of young persons that is established under an Act of the legislature of a province or by a directive of a provincial government, and that is in place before the coming into force of this section, is deemed to be a program of pre-charge screening for the purposes of subsection (1).
Marginal note:Private prosecutions
24 No prosecutions may be conducted by a prosecutor other than the Attorney General without the consent of the Attorney General.
Certain Offences — Review of Charges by Attorney General
Marginal note: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.
Right to Counsel
Marginal note:Right to counsel
25 (1) A young person has the right to retain and instruct counsel without delay, and to exercise that right personally, at any stage of proceedings against the young person and before and during any consideration of whether, instead of starting or continuing judicial proceedings against the young person under this Act, to use an extrajudicial sanction to deal with the young person.
Marginal note:Arresting officer to advise young person of right to counsel
(2) Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer of the right to retain and instruct counsel, and be given an opportunity to obtain counsel.
Marginal note:Justice, youth justice court or review board to advise young person of right to counsel
(3) When a young person is not represented by counsel
(a) at a hearing at which it will be determined whether to release the young person or detain the young person in custody,
(a.1) at a hearing held in relation to an order referred to in subsection 14(2) or 20(2),
(b) at a hearing held under section 71 (hearing — adult sentences),
(c) at trial,
(d) at any proceedings held under subsection 98(3) (continuation of custody), 103(1) (review by youth justice court), 104(1) (continuation of custody), 105(1) (conditional supervision) or 109(1) (review of decision),
(e) at a review of a youth sentence held before a youth justice court under this Act, or
(f) at a review of the level of custody under section 87,
the justice or youth justice court before which the hearing, trial or review is held, or the review board before which the review is held, shall advise the young person of the right to retain and instruct counsel and shall give the young person a reasonable opportunity to obtain counsel.
Marginal note:Trial, hearing or review before youth justice court or review board
(4) When a young person at trial or at a hearing or review referred to in subsection (3) wishes to obtain counsel but is unable to do so, the youth justice court before which the hearing, trial or review is held or the review board before which the review is held
(a) shall, if there is a legal aid program or an assistance program available in the province where the hearing, trial or review is held, refer the young person to that program for the appointment of counsel; or
(b) if no legal aid program or assistance program is available or the young person is unable to obtain counsel through the program, may, and on the request of the young person shall, direct that the young person be represented by counsel.
Marginal note:Appointment of counsel
(5) When a direction is made under paragraph (4)(b) in respect of a young person, the Attorney General shall appoint counsel, or cause counsel to be appointed, to represent the young person.
Marginal note:Release hearing before justice
(6) When a young person, at a hearing referred to in paragraph (3)(a) or (a.1) that is held before a justice who is not a youth justice court judge, wishes to obtain counsel but is unable to do so, the justice shall
(a) if there is a legal aid program or an assistance program available in the province where the hearing is held,
(b) if no legal aid program or assistance program is available or the young person is unable to obtain counsel through the program, refer the matter without delay to a youth justice court to be dealt with in accordance with paragraph (4)(b).
Marginal note:Young person may be assisted by adult
(7) When a young person is not represented by counsel at trial or at a hearing or review referred to in subsection (3), the justice before whom or the youth justice court or review board before which the proceedings are held may, on the request of the young person, allow the young person to be assisted by an adult whom the justice, court or review board considers to be suitable.
Marginal note:Counsel independent of parents
(8) If it appears to a youth justice court judge or a justice that the interests of a young person and the interests of a parent are in conflict or that it would be in the best interests of the young person to be represented by his or her own counsel, the judge or justice shall ensure that the young person is represented by counsel independent of the parent.
Marginal note:Statement of right to counsel
(9) A statement that a young person has the right to be represented by counsel shall be included in
(a) any appearance notice or summons issued to the young person;
(b) any warrant to arrest the young person;
(c) any undertaking entered into before a peace officer by the young person;
(d) [Repealed, 2019, c. 25, s. 364]
(e) any notice given to the young person in relation to any proceedings held under subsection 98(3) (continuation of custody), 103(1) (review by youth justice court), 104(1) (continuation of custody), 105(1) (conditional supervision) or 109(1) (review of decision); or
(f) any notice of a review of a youth sentence given to the young person.
Marginal note:Recovery of costs of counsel
(10) Nothing in this Act prevents the lieutenant governor in council of a province or his or her delegate from establishing a program to authorize the recovery of the costs of a young person’s counsel from the young person or the parents of the young person. The costs may be recovered only after the proceedings are completed and the time allowed for the taking of an appeal has expired or, if an appeal is taken, all proceedings in respect of the appeal have been completed.
Marginal note:Exception for persons over the age of twenty
(11) Subsections (4) to (9) do not apply to a person who is alleged to have committed an offence while a young person, if the person has attained the age of twenty years at the time of his or her first appearance before a youth justice court in respect of the offence; however, this does not restrict any rights that a person has under the law applicable to adults.
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