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Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
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Criminal Offences under the Youth Criminal Justice Act (2:III) (view source)
Revision as of 16:54, 1 September 2021
, 16:54, 1 September 2021→K. Special Concerns
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Bill C-75 eliminated the court-initiated lifting of publication ban for violent youth offenders as of September 19, 2019. | Bill C-75 eliminated the court-initiated lifting of publication ban for violent youth offenders as of September 19, 2019. | ||
Once a young person attains the age of eighteen years | Once a young person attains the age of eighteen years they may apply to lift the ban on publication for the purpose of permitting that person to publish information that would identify them as having been dealt with by the ''YCJA''. The ban will only be lifted if the Youth Justice Court is satisfied that the publication would not be contrary to the young person’ best interests or the public interest (s 110(6)). | ||
=== 3. Fingerprints and Photographs === | === 3. Fingerprints and Photographs === | ||
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*An investigating police force may keep a record relating to any alleged offence or any offence committed by a young person (s 115(1)), | *An investigating police force may keep a record relating to any alleged offence or any offence committed by a young person (s 115(1)), | ||
*An investigating police force may keep a record of any extrajudicial measures that they use to deal with young persons (s 115(1.1)), | *An investigating police force may keep a record of any extrajudicial measures that they use to deal with young persons (s 115(1.1)), | ||
*A department or an agency of any government in Canada for the purpose of investigation, use in proceedings against the young person, sentencing, and considering the young person for extrajudicial measures (s 116(1)). | *A department or an agency of any government in Canada for the purpose of an investigation, use in proceedings against the young person, sentencing, and considering the young person for extrajudicial measures (s 116(1)). | ||
Who has access to these records is set out in sections 117 to 124 ''YCJA''. Except as authorized by the ''YCJA'' no person is to be given access to a record, kept under sections 114 to 116, and no information contained in it may be given to any person, where to do so would identify the young person as a person dealt with under the Act (s 118(1)). Sections 119(1-2) list the persons to whom access to records may be granted and the time limits within which access can be granted. These time limits vary in length depending on the treatment of the young person by the court. After the applicable access period has ended a person must apply to a Youth Justice Court judge to gain access to the records and the application must meet the requirements set out in section 123(1). The group of persons to whom access will be granted with respect to extrajudicial sanctions has special limitations (s 119(4)). | Who has access to these records is set out in sections 117 to 124 ''YCJA''. Except as authorized by the ''YCJA'' no person is to be given access to a record, kept under sections 114 to 116, and no information contained in it may be given to any person, where to do so would identify the young person as a person dealt with under the Act (s 118(1)). Sections 119(1-2) list the persons to whom access to records may be granted and the time limits within which access can be granted. These time limits vary in length depending on the treatment of the young person by the court. After the applicable access period has ended a person must apply to a Youth Justice Court judge to gain access to the records and the application must meet the requirements set out in section 123(1). The group of persons to whom access will be granted with respect to extrajudicial sanctions has special limitations (s 119(4)). | ||
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*any person for the purposes of the Firearms Act. | *any person for the purposes of the Firearms Act. | ||
Sections 125 to 127 of the Act deals with disclosure of the information in a record. These rules | Sections 125 to 127 of the Act deals with disclosure of the information in a record. These rules may disclose information which is in their possession, to whom they may disclose the information, and when such disclosure will be permitted. Before any information is disclosed, the young person must have an opportunity to be heard unless reasonable efforts locate the young person have been unsuccessful. | ||
=== 5. Mental Health Provisions === | === 5. Mental Health Provisions === | ||
