Bill 5 — Second Session, 20Th Legislature, 33 Elizabeth Ii the Legislative Assembly of Alberta Bills Young Offenders Act (Legislature 20, Session 2)

L20 S2 3477

Alberta — Bills

1984 BILL 5 Second Session, 20th Legislature, 33 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILLS YOUNG OFFENDERS ACT MR. HIEBERT First Reading ' B «JAQ'U'«JV V^-W '^ » H Second Reading Committee ofthe Whole Third Reading Royal Assent

BiU 5 Mr. Hiebert BILLS 1984 YOUNG OFFENDERS ACT (Assented to , 1984) TABLE OF CONTENTS

Definitions j Application of Act 2 Jurisdiction 3 No conviction of child 4 Arrest and detention 5 Orders of detention or release 6 Notice to parents 7 Summons of parent g Offence 9 Pre-disposition report 10 Dispositions 11 Fine or community service 12 Conditions in probation orders 13 Review of dispositions 14 Refusal to comply with disposition 15 Temporary release 16 Transfer of disposition 17 Appeals 18 Publication restrictions 19 Exclusion from hearing 20 Contempt of youth court 21 Application for forfeiture of recognizance 22 Proceedings in case of default 23 Proof of age 24 Admissions 25 Evidence of a child or young person 26 Evidence of a child 27 Evidence of a young person 28 Records 29 Reciprocating province 30 Regulations 31 Forms 32 Transitional 33 Consequential 34-38 Coming into force 39 1

Definitions Application of Act HER MAJESTY, by and with the advice and consent ofthe Legislative Assembly of Alberta, enacts as follows: 1(1) In this Act, (a) "adult" means a person who is neither a young person nor a child; (b) "child" means a person who is or, in the absence of evidence to the contrary, appears to be under the age of 12 years; (c) "disposition" means a disposition made under this Act and includes a confirmation or a variation of a disposition; (d) "federal Act" means the Young Offenders Act (Canada); (e) "offence" means an offence created by an enactment or a municipal by-law; (f) "ordinary court" means the court that would, but for this Act, have jurisdiction in respect of an offence alleged to have been committed; (g) "parent" includes, in respect of a young person, any person who is under a legal duty to provide for that young person or any person who has, in law or in fact, the custody or control of that young person; (h) "place of custody" means a place designated pursuant to the federal Act as a place of open custody; (i) "provincial director" means the provincial director for Alberta appointed or designated under the federal Act and includes his delegate; (j) "reciprocating province" means a province declared under

section 30 to be a reciprocating province; (k) "young person" means (

i) on or before March 31, 1985, a person who is or, in the absence of evidence to the contrary, appears to be 12 years of age or more but under 16 years of age, and (ii) on or after April 1, 1985, a person who is or, in the ab sence of evidence to the contrary, appears to be 12 years of age or more but under 18 years of age; (1) "youth court" means the Provincial Court; (m) "youth court judge" means a person appointed under the Provincial Court Judges Act as a judge ofthe Provincial Court; (n) "youth worker" means a youth worker as defined in the fed eral Act.

(2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in the

Summary Convictions Act. 2(1) Subject to subsection (2) and except to the extent that it is inconsistent with this Act, the

Summary Convictions Act applies to proceedings under this Act.

(2) The procedure to pay out of court a specified sum pursuant to

section 6 of the

Summary Convictions Act does not apply to a young person (

a) who is under 16 years of age when the alleged offence is com mitted, or (

b) who is alleged to have committed an offence under the Liquor Control Act.

(3) Subject to

section 20,

section 577 ofthe Criminal Code (Canada) applies in respect of proceedings under this Act.

(4) Section 744 of the Criminal Code (Canada) does not apply in respect of proceedings under this Act. Jurisdiction 3(1) Subjcct to subscctiou (2) and

section 11(8), the youth court has exclusive jurisdiction in respect of any offence alleged to have been committed by a person while he was a young person and that person shall be dealt with as provided in this Act.

(2) Proceedings commenced under this Act against a young person, including a review under

section 14, may be continued in all respects after he becomes an adult as if he remained a young person. No conviction 4 No pcrson shall be found guilty of an offence in respect of

an act of child QJ. omission on his part while he was a child. Arrest and detention 5(1) A young person who is arrested and detained shall be detained (

a) in a place of temporary detention, or (

b) in a place or a place within a class of places designated by the Lieutenant Govemor in Council.

(2) A young person who is detained in custody in accordance with this

section may, during the period of detention, be transferred by the provincial director from one place of temporary detention or designated place described in subsection (1) to another designated place or place of temporary detention. (3) Subsection (1) does not apply in respect of any temporary re straint of a young person in the hands of a peace officer after the arrest of the young person.

(4) No young person who has been arrested shall be detained in any part of a place where an adult who has been charged with or con victed of an offence against any law of Canada or a province is detained unless a youth court judge, or if a youth court judge is not reasonably available, a justice as defined in the

Summary Convictions Act, authorizes the detention, being satisfied that (

a) the young person cannot, having regard to his own safety or the safety of others, be detained in a place referred to in subsec tion (1), or (

b) no place referred to in subsection (1) is available within a reasonable distance.

Orders of detention or release

(5) A person who contravenes subsection (1) or (4) is guilty of an offence.

(6) If a youth court judge, or if a youth court judge is not reasonably available, a justice as defined in the

Summary Convictions Act, is satisfied that (

a) a responsible person is willing and able to take care of and exercise control over a young person who has been arrested, and (

b) the young person is willing to be placed in the care of that person, and if that person undertakes in writing to take care of and to be responsible for the attendance of the young person in court when required, the young person may be placed in the care of that person instead of being detained. 6 Subsections 8(1) to (7) of the federal Act apply to proceedings under this Act.

Notice to parents 7(1) Subjcct to subsectious (3) and (4), if a young person is arrested and detained pending his appearance in court, the officer in charge at the time the young person is detained shall, as soon as practicable, give, orally or in writing, to a parent of the young person notice of the arrest including the place of detention and the reason for the arrest.

(2) Subject to subsections (3) and (4), (

a) where a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or ap pearance notice, or (

b) if a young person is released on giving his promise to appear, giving an undertaking or entering into a recognizance, the officer in charge, shall, as soon as practicable, give in writing to a parent ofthe young person notice ofthe summons, appearance notice, promise to appear, undertaking or recognizance.

(3) If the whereabouts of the parents of a young person, (

a) who is arrested and detained, (

b) in respect of whom a summons or an appearance notice is issued, or (

c) who is released on giving his promise to appear, giving an undertaking or entering into a recognizance, are not known or it appears that no parent is available, a notice under this

section may be given to an adult relative of the young person who is known to the young person and is likely to assist him or, if no such adult relative is available, to another adult who is known to the young person and is likely to assist him, as the person giving the notice considers appropriate.

(4) If a young person described in subsection (3) is married, a notice under this

section may be given to the spouse ofthe young person instead of a parent.

Summons of parent bffei

(5) If doubt exists as to the person to whom a notice under this

section should be given, a youth court judge may give directions as to the person to whom the notice should be given, and a notice given in accordance with those directions is sufficient notice for the pur poses of this section.

(6) A notice under this

section shall, in addition to any other require ments, include (

a) the name of the young person in respect of whom it is given, (

b) the charge against the young person, and (

c) the time and place of appearance.

(7) A notice under this

section may be given by mail.

(8) If there has been a failure to give a notice in accordance with this

section and none of the persons to whom a notice may be given attends court with the young person, a youth court judge before whom proceedings are held against the young person may (

a) adjoum the proceedings and order that the notice be given in the manner and to the person he directs, or (

b) dispense with the notice if, in his opinion, having regard to the circumstances, notice should be dispensed with.

(9) Subject to subsection (10), failure to give notice in accordance with this

section does not affect the validity of proceedings under this Act.

(10) Failure to give notice in accordance with subsection (2) renders invalid any subsequent proceedings under this Act relating to the case unless (

a) a person to whom a notice may be given under this

section attends court with the young person against whom proceedings are held, or (

b) notice is dispensed with pursuant to subsection (8)(b). (11) Subsections (1) to (10) do not apply if, subject to

section 2(2), the young person pays out of court a specified sum pursuant to sec tion 6 ofthe

Summary Convictions Act. 8(1) If a parent does not attend proceedings before the youth court in respect of a young person, the court may, if it considers the pres ence of the parent necessary or in the best interest of the young person, by written order require the parent to attend at any stage of the proceedings and to remain as required.

(2) A copy of an order made under subsection (1) shall be served by any peace officer, youth worker or other person designated by the youth court by delivering it personally to the parent to whom it is directed, unless the youth court authorizes service by registered mail. 9 A parent who is ordered to attend the youth court pursuant to

section 8(

I) and who fails, without reasonable excuse the proof of which lies on that parent, to attend or to remain in attendance as required is guilty of an offence.

Pre-disposition 10(1) If the youth court considers it necessary for making a disposi- report ^^^^ ^j^^jgj. sgction 11 in respect of a young person who is found guilty of an offence, it may require the provincial director to prepare a pre disposition report in respect of the young person and to submit the report to the court.

(2) Subject to subsection (3), a pre-disposition report shall be in writ ing and may include only (

a) the results of an interview between a youth worker and the young person and, where reasonably possible, the results of an interview between a youth worker and the parents of the young person and, if the young person is married, his spouse, and (

b) where applicable, information as to (

i) the age, maturity, character and attitude ofthe young per son and his willingness to make amends, (ii) any plans put forward by the young person to change his conduct or to participate in activities or undertake measures to improve himself, (iii) the history of previous findings of delinquency under the Juvenile Delinquents Act (Canada) or previous findings of guilt in accordance with the federal Act, this Act or under any other Act, the history of community or other services ren dered to the young person with respect to those findings and the response of the young person to previous sentences or dispositions and to services rendered to him, (iv) the availability of community services and facilities for young persons and the willingness of the young person to avail himself of those services or facilities, (

v) the relationship between the young person and his par ents and the degree of control and influence of the parents over the young person, and (vi) the school attendance and performance record and the employment record of the young person.

(3) If a pre-disposition report cannot reasonably be committed to writing, it may, with leave ofthe youth court, be submitted orally in youth court.

(4) A pre-disposition report shall form part ofthe record ofthe pro ceedings in respect of which it was requested.

(5) If a pre-disposition report is submitted to the youth court in writing the court (

a) shall, subject to subsection (7), cause a copy of the report to be given to (

i) the young person, (ii) a parent of the young person, if the parent is in attend ance at the proceedings against the young person, (iii) counsel, if any, representing the young person, and

(iv) the Attomey General or his agent, and (

b) may cause a copy of the report to be given to a parent of the young person not in attendance at the proceedings against the young person if the parent is, in the opinion of the youth court, taking an active interest in the proceedings.

(6) If a pre-disposition report is submitted to the youth court, the young person, subject to subsection (7), or his counsel, if any, and the Attomey General or his agent shall on application to the youth court be given the opportunity to cross-examine the youth worker who made the report.

(7) If a pre-disposition report is submitted to a youth court, the court may, if disclosure of part of the report to the young person would, in the opinion ofthe court, be seriously injurious to the young person, (

a) withhold that part of the report from the young person, and (

b) exclude the young person from court during the consideration of that part of the report.

(8) If a pre-disposition report is submitted to the youth court, the court, subject to subsection (7), (

a) shall, on receipt of an application, cause a copy or a transcript of the report to be supplied to (

i) any person referred to in subsection (5), (ii) any court that is dealing with matters relating to the young person, and (iii) any youth worker to whom the young person's case has been assigned, and (

b) may, on receipt of an application, cause a copy or a transcript of the report, or a part of it, to be supplied to any person not otherwise authorized under this

section to receive a copy if, in the opinion of the court, the person has a valid interest in the proceedings.

(9) The provincial director may make a copy or a transcript of the pre-disposition report, or any part of it, available to any person in whose custody or under whose supervision the young person is placed or to any other person who is assisting in any way in the care or treatment of the young person.

(10) No statement made by a young person in the course of the preparation of a pre-disposition report in respect ofthe young person is admissible in evidence against him in any civil proceedings or in a prosecution under

an Act of the Legislature, except in proceedings under

section 11, 14 or 17. Dispositions 11(1) If the youth court finds a young person guilty of an offence, it shall consider

Fine or communit> service (

a) any representations made by the Attomey General or his agent, the young person or his counsel, if any, and the parents of the young person or, if the young person is married, his spouse, and (

b) any other relevant information before the court, and the court shall then, subject to subsections (2) to (6), make a disposition that is a sentence that an ordinary court would impose.

(2) In no case shall a young person who was under 16 years of age when he committed an offence be liable to be committed into cus tody in respect of that offence.

(3) If a young person is committed into custody it shall be served in a place of custody, continuously or intermittently, for a period not exceeding 6 months.

(4) If the youth court imposes a fine on a young person, the fine shall not exceed the least of (

a) the maximum fine that may be imposed on an adult in ordi nary court with respect to the same offence as that of which the young person has been found guilty, (

b) notwithstanding

section 2(1) and (2), in the case of an offence prescribed under

section 6 of the

Summary Convictions Act, an amount equal to the specified penalty payable in respect of the offence, and (c) $500, to be paid at the times and on the terms that the youth court fixes.

(5) If the youth court considers it appropriate the youth court may, instead of imposing a fine under subsection (4), order (

a) the young person to perform community service in accord ance with

section 12, and at the time and places the youth court fixes, and in determining the amount of community service to be performed, the youth court shall have regard to the fine it would have imposed and to the minimum wage in effect, or (

b) that the young person be placed on probation in accordance with

section 13 for a period not exceeding 6 months.

(6) If more than 1 disposition is made under this

section in respect of the same offence, the combined duration of the dispositions shall not exceed 6 months.

(7) A disposition made under this

section continues in effect, in ac cordance with the terms of the disposition, after the young person agamst whom it is made becomes an adult.

(8) If a young person is found guilty of an offence, nothing in this

section precludes, in addition to any disposition imposed under this section, any nghts, benefits, licences, permits or privileges held by the young person being cancelled, revoked, suspended or otherwise dealt with in accordance with the enactment under which the offence was committed. 12(1) The youth court shall, in imposing a fine on a young person under

section 11. have regard to the present and future means ofthe young person to pay. 8

(2) No disposition may be made under

section 11 to perform com munity service unless the youth court is satisfied (

a) that the young person against whom the disposition is made is a suitable candidate for such a disposition, (

b) that the disposition will not interfere with the normal hours of work, education or training of the young person, and (

c) that the person for whom the community service is to be performed has agreed to its performance.

(3) No disposition may be made under

section 11 to perform com munity service unless the service can be completed in 100 hours or less and within 6 months of the date of the disposition. Conditions in 13(1) Where the disposition given under

section 11 is a probation probation orders ^^^^^ ^^^ following conditions shall be included in the order: (

a) that the young person bound by the probation order shall keep the peace and be of good behaviour, (

b) that the young person shall appear before the youth court when required by the youth court to do so, and (

c) that the young person shall notify the provincial director or the youth worker assigned to his case of any change of address or any change in his place of employment, education or training.

(2) A probation order made under

section 11 may include any one or more of the following conditions that the youth court considers appropriate: (

a) that the young person bound by the probation order report to and be under the supervision of the provincial director or a person designated by him or by the youth court; (

b) that the young person remain in Alberta; (

c) that the young person make reasonable efforts to obtain and maintain suitable employment; (

d) that the young person attend school or any other place of education, training or recreation that is appropriate; (

e) that the young person reside with a parent, or any other adult whom the court considers appropriate, who is willing to provide for the care and maintenance of the young person; (

f) that the young person reside in a place that the provincial director specifies; (

g) that the young person comply with any other conditions set out in the order that the court considers desirable, including con ditions for securing the good conduct of the young person and for preventing the commission by the young person of other of fences.

(3) Where the youth court makes a probation order, it shall (

a) cause the order to be read by or to the young person.

(

b) explain or cause to be explained to the young person the purpose and effect ofthe order and ascertain that the young per son understands it, and (

c) cause a copy ofthe order to be given to the young person and to a parent ofthe young person, if the parent is m attendance at the proceedings against the young person.

(4) If the youth court makes a probation order, it may give a copy ofthe order to a parent ofthe young person not in attendance at the proceedings against the young person if the parent is, in the opinion of the court, taking an active interest in the proceedings.

(5) After a probation order has been read by or to a young person and explained to him pursuant to subsection (3), the young person shall endorse the order acknowledging that he has received a copy of the order and acknowledging the fact that it has been explained to him.

(6) The failure of a young person to endorse a probation order pur suant to subsection (5) does not affect the validity of the order.

(7) A probation order comes into force on the date on which the order is made.

(8) A young person may be given notice to appear before the youth court pursuant to subsection (l)(

b) orally or in writing.

(9) If a young person to whom a notice to appear before the youth court pursuant to subsection (l)(

b) is given in writing does not appear at the time and place named in the notice and it is proved that a copy of the notice was given to him, a youth court may issue a warrant to compel the appearance of the young person. Review of 14(

I) If the youth court has made a disposition under

section 11, the youth court shall, on the application of the young person, his parent, his spouse, if he is married, the Attomey General or his agent or the provincial director, made at any time prior to the expiration of the disposition, review the disposition if the court is satisfied that there are grounds for a review under subsection (2).

(2) A review of a disposition may be made under this

section (

a) on the ground that the circumstances that led to the disposi tion have changed materially, (

b) on the ground that the young person in respect of whom the review is to be made is unable to comply with or is experiencing serious difficulty in complying with the terms of the disposition, (

c) on the ground that the terms of the disposition are adversely affecting the opportunities available to the young person to ob tain services, education, employment or training, or (

d) on any other grounds that the youth court considers appro priate.

(3) The youth court may require the provincial director to prepare a progress report on the performance of the young person since the disposition took effect. 10 dispositions

(4) A progress report may include information relating to the per sonal and family history and present environment of the young per son as the provincial director considers advisable, and

section 10(4) to (9) apply to a progress report.

(5) No review of a disposition shall be commenced until the time for an appeal against the disposition or the finding on which the disposition was based has expired and until all proceedings in respect of the appeal, if taken, have been completed or the appeal has been abandoned.

(6) Where a review of a disposition is applied for under subsection (1), the person who applies for the review shall cause a written notice, as directed by rules of court applicable to the youth court, or, in the absence of rules on notice, at least 5 days' written notice of the review, to be given to the young person, his parents, his spouse, if he is married, the provincial director and the Attomey General or his agent.

(7) A notice under subsection (6) may be served personally or may be sent by double registered mail.

(8) A person entitled to notice under subsection (6) may waive the right to the notice.

(9) If notice under subsection (6) is not given in accordance with this section, the youth court may (

a) adjoum the proceedings and order that the notice be given in the manner and to any persons that it directs, or (

b) dispense with the notice where, in the opinion of the court, having regard to the circumstances, notice may be dispensed with.

(10) The youth court may, by summons or warrant, compel a young person in respect of whom a review is to be made under this

section to appear before the youth court for the purposes of the review.

(11) Subject to subsection (12), if a youth court reviews a disposition under this section, it may, after granting the young person, his coun sel, if any, his parents, his spouse, if he is married, the Attorney General or his agent and the provincial director an opportunity to be heard, (

a) confirm the disposition, (

b) terminate the disposition and discharge the young person from any further obligation of the disposition, or (

c) vary the disposition or make a new disposition set out in

section 11, for a period of time not exceeding the remainder of the period'of the eariier disposition, that the court considers ap propriate in the circumstances.

(12) If, when the young person was found guilty of an offence in respect of which the review is being made, he was not liable to be committed into custody, the youth court may not, on review, commit him into custody.

(13) Subject to subsection (14), no disposition made under subsec tion (II) may be more onerous than the remaining portion ofthe disposition reviewed. 11

Refusal to comply with disposition Temporary release

(14) If the court is satisfied that the young person requires more time to comply with an order to perform community service, the youth court may under this

section extend the time within which the order to perform community service is to be complied with by a young person, but in no case shall the extension be for a period of time that expires more than 6 months after the date that the disposition was made under

section 11.

(15) Subject to this section, sections 11(2) and (3), 12 and 13 apply in respect of a disposition made under this section. 15 A young person who wilfully fails or refuses to comply with a disposition or any term or condition of it is guilty of an offence and liable to a disposition under

section 11 or, if he was 16 years of age or more when he committed the offence, to be committed into cus tody for a specified period not exceeding 6 months, or both. 16(1) The provincial director may, subject to any terms or condi tions that he considers appropriate, authorize a young person com mitted to custody pursuant to a disposition made under this Act (

a) to be temporarily released for a period not exceeding 15 days where, in his opinion, it is necessary or desirable that the young person be absent, with or without escort, (

i) for medical, compassionate or humanitarian reasons, or (ii) for the purpose of rehabilitation or re-integration into the community, or (

b) to be released from custody on the days and during the hours he specifies in order that the young person may (

i) attend school or any other educational or training insti tution, (ii) obtain or continue employment or perform domestic or other duties required by the young person's family, or (iii) participate in a program specified by the provincial di rector that, in his opinion, will enable the young person to better carry out his employment or improve his education or training.

(2) A young person who is released from custody pursuant to sub section (1) shall be released only for the periods of time that are necessary to attain the purpose for which the young person is re- leased.

(3) The provincial director may, at any time, revoke an authoriza tion made under subsection (1).

(4) Where the provincial director revokes an authorization for a young person to be released from custody under subsection (3) or where a young person fails to comply with any term or condition of his re- es PH Th'^^f ^^ under this section, the young person may be arrested without warrant and returned to custody. Act thlirnnt^h?^'! ""^^H r"' ^''" ^on^niitted to custody under this Act shall not be released from custody before the expiration ofthe 12

Transfer of disposition Apf)eals Publication restrictions Exclusion from hearing period of his custody except in accordance with subsection (1) unless the release is ordered under

section 14 or otherwise according to law by a court of competent jurisdiction. 17(1) If a disposition has been made in respect of a young person and the young person or a parent with whom he resides is or becomes a resident of a reciprocating province, a youth court judge in Alberta may, on the application of the Attomey General or his agent or on the application of the young person or his parent or, if he is married, his spouse, with the consent of the Attomey General or his agent, transfer the disposition and the appropriate portion of the record to the Attomey General in the reciprocating province.

(2) No disposition may be transferred from Alberta to a reciprocat ing province under this

section until the time for an appeal against the disposition or the finding on which the disposition was based has expired or until all proceedings in respect of an appeal, if taken, have been completed or the appeal has been abandoned.

(3) When a disposition has been made against a young person by a youth court in a reciprocating province and a certified copy of the disposition has been transmitted by the proper officer of the recip rocating province to the Attomey General, the Attomey General shall send the certified copy ofthe disposition for registration to the proper officer of the youth court in Alberta and on its receipt the order shall be registered.

(4) A disposition registered under subsection (3) has, from the date of its registration, the same force and effect as, and, subject to this Act, all proceedings may be taken on it as if it had been, a disposition originally obtained in the youth court in which it is so registered, and the youth court has power to enforce, review and vary the order accordingly. 18 An appeal lies under this Act from a finding of guilt, an order dismissing an information or a disposition made under

section 11 or 14 in the same manner as if the finding of guilt were a conviction, the order dismissing the information were an order dismissing the information or the disposition were a sentence, in proceedings by way of

summary conviction in ordinary court. 19(1) Subject to

section 29, no person shall publish by any means any report (

a) of an offence committed or alleged to have been committed by a young person, or (

b) of a hearing, adjudication, disposition or appeal conceming a young person who committed or is alleged to have committed an offence in which the name of the young person, a child or a young person aggrieved by the offence or a child or a young person who appeared as a witness in connection with the offence, or in which any infor mation serving to identify the young person or child, is disclosed.

(2) A person who contravenes subsection (1) is guilty of an offence. 20(1) Subject to subsection (2), if the youth court is ofthe opinion that 13

(

a) evidence or information presented to the youth court may be seriously injurious or seriously prejudicial to (

i) the young person who is being dealt with in the proceed ings, (ii) a child or young person who is a witness in the proceed ings, or (iii) a child or young person who is aggrieved by or the victim of the offence charged in the proceedings, or (

b) it is in the interest of public morals, the maintenance of order or the proper administration of justice to exclude any or all mem bers of the public from the court room, the youth court may exclude any person from all or part of the proceedings if the youth court considers that person's presence to be unnecessary to the conduct of the proceedings.

(2) The youth court may not, pursuant to subsection (1), exclude from proceedings under this Act (

a) the Attomey General or his agent, (

b) subject to

section 10(7), the young person who is being dealt with in the proceedings, his parent, his spouse, if any, or his counsel, if any, (

c) the provincial director, or (

d) the youth worker to whom the young person's case has been assigned.

(3) The youth court, after it has found a young person guilty of an offence or during a review of a disposition under

section 14 may, in Its discretion, exclude from the youth court any person other than (

a) the young person or his counsel, if any, (

b) the provincial director, (

c) the youth worker to whom the young person's case is assigned, or (

d) the Attomey General or his agent, VnZ^r 'i'^'^T'' ^^ being presented to the youth court the knowledge of which may m the opinion ofthe youth court, be seri ously injunous or senously prejudicial to the young person. vSZ'n°^ f.^^( \l l^' y^'l"' ^«"rt has the same power, jurisdiction and author- court a^mJhL' '""^r P^^i^hment for contempt against the court as may be exercised by the Provincial Court. coun mmmlnenr ^"^ J^^^^^^^^ion in respect of every contempt of the vouZXLb H" '"^^^^ 'l'^"'' '^' y^^^h court in the face of 14

Application for forfeiture of recognizance Proceedings in case of default

(3) Where the youth court or any other court finds a young person guilty of contempt of court, it may make any one or more of the dispositions set out in

section 11, but no other disposition or sen tence.

(4) A finding of guilt under this

section for contempt of court or a disposition made in respect thereof may be appealed in accordance with

section 18. 22 An application for the forfeiture of the recognizance of a young person shall be made to the youth court. 23(1) If a recognizance binding a young person has been endorsed with a certificate pursuant to subsection 704(1) ofthe Criminal Code (Canada), the youth court shall, (

a) on the application of the Attomey General or his agent, fix a time and place for the hearing of an application for the forfeiture of the recognizance, and (

b) after fixing a time and place for the hearing, cause to be sent by registered mail, not less than 10 days before the time so fixed, to each principal and surety named in the recognizance, directed to him at his last known address, a notice requiring him to appear at the time and place fixed by the youth court to show cause why the recognizance should not be forfeited.

(2) When subsection (1) is complied with, the youth court may, after giving the parties an opportunity to be heard, grant or refuse the application and make any order with respect to the forfeiture of the recognizance that it considers proper.

(3) If, pursuant to subsection (2), the youth court orders forfeiture of a recognizance, the principal and his sureties become judgment debt ors of the Crown, each in the amount that the youth court orders him to pay.

(4) An order made under subsection (2) may be filed with the clerk of the Court of Queen's Bench and, when an order is filed, the clerk shall issue a writ of fieri facias in the form set out in the Criminal Code (Canada) and deliver it to the sheriff of each of the judicial districts where the principal or any of his sureties resides, carries on business or has property.

(5) If a deposit has been made by a person against whom an order for forfeiture of a recognizance has been made, no writ of fieri facias shall issue, and the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it. (6) Subsections 704(2) and (4) ofthe Criminal Code (Canada) do not apply in respect of proceedings under this Act.

(7) Sections 706 and 707 of the Criminal Code (Canada) apply in respect of writs of fieri facias issued pursuant to this

section as if they were issued pursuant to

section 705 ofthe Criminal Code (Canada). Proof of age 24(1) In any proceedings under this Act the following is admissible as evidence ofthe age of a person: 15

(

a) the testimony of a parent as to the age of a person of whom he is a parent; (

b) his birth or baptismal certificate or a copy purporting to be certified by the person who has custody of those records; (

c) an entry or record of an incorporated society that has had the control or care of a person at or about the time that person entered Canada, if the entry or record was made before that per son is alleged to have committed an offence.

(2) In the absence of any certificate, copy, entry or record mentioned in subsection (

I) or in corroboration of a certificate, copy, entry or record, the youth court may receive and act on other information relating to age that it considers reliable.

(3) In any proceedings under this Act, the youth court may draw inferences as to the age of a person from the person's appearance or from statements made by the person in direct examination or cross- examination. Admissions 25(1) A party to any proceedings under this Act may admit any relevant fact or matter for the purpose of dispensing with its proof, including any fact or matter the admissibility of which depends on a mling of law or of mixed law and fact.

(2) Nothing in this

section precludes a party to a proceeding from adducing evidence to prove a fact or matter admitted by another party. Evidence of a 26(1) lu procccdings under this Act where the evidence of a child or Srson' ^°""^ a young person is taken, it shall be taken only after the youth court has (

a) in all cases, if the witness is a child, and (

b) where it considers it necessary, if the witness is a young per son, instmcted the child or young person as to the duty of a witness to speak the tmth and the consequences of failing to do so.

(2) The evidence of a child or a young person shall be taken under solemn affirmation as follows: I solemnly affirm that the evidence to be given by me shall be the tmth, the whole truth and nothing but the tmth.

(3) Evidence of a child or a young person taken under solemn affir mation shall have the same effect as if taken under oath. 27(1) The evidence of a child may not be received in any proceed ings under this Act unless, in the opinion of the youth court, the child is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the tmth.

(2) No adjudication shall be made on the evidence of a child alone, unless It IS corroborated by some other material evidence. 28(1) Subject to this section, the law relating to the admissibility of statements made by persons accused of committing offences applies in respect of young persons. Evidence of a child Evidence of a young person 16

(2) No oral or written statement given by a young person to a peace officer or other person who is, in law, a person in authority is admis sible against the young person unless (

a) the statement was voluntary, (

b) the person to whom the statement was given has, before the statement was made, clearly explained to the young person, in language appropriate to his age and understanding, that (

i) the young person is under no obligation to give a state ment, (ii) any statement given by him may be used as evidence in proceedings against him, (iii) the young person has the right to consult another person in accordance with clause (c), and (iv) any statement made by the young person is required to be made in the presence of the person consulted, unless the young person desires otherwise, (

c) the young person has, before the statement was made, been given a reasonable opportunity to consult with counsel or a par ent, or in the absence of a parent, an adult relative, or in the absence of a parent and an adult relative, any other appropriate adult chosen by the young person, and (

d) where the young person consults any person pursuant to clause (c), the young person has been given a reasonable opportunity to make the statement in the presence of that person.

(3) The requirements set out in subsection (2)(b), (

c) and (

d) do not apply in respect of oral statements if they are made spontaneously by the young person to a peace officer or other person in authority before that peace officer or other person has had a reasonable oppor tunity to comply with those requirements.

(4) A young person may waive his rights under subsection (2)(

c) or (

d) but the waiver shall be made in writing and shall contain a state ment signed by the young person that he has been apprised of the right that he is waiving.

(5) A youth court judge may mle inadmissible in any proceedings under this Act a statement given by the young person in respect of whom the proceedings are taken if the young person satisfies the judge that the statement was given under duress imposed by any person who is not, in law, a person in authority. Records 29(1) Evcry clerk ofthe youth court shall keep, separate from rec ords of cases in ordinary court, a complete record of every proceeding arising under this Act that comes before the youth court.

(2) A record kept pursuant to subsection (1) shall, during the course of proceedings and during the term of any disposition made, be made available on request for inspection to (

a) counsel, if any, for, or a parent of, the young person to whom it relates; 17

Reciprocating province Regulations Forms Transitional (

b) the provincial director; (

c) a judge who hears an appeal on the proceeding; (

d) the Attomey General or his agent, or any person authorized in writing by the Attomey General.

(3) Subject to

section 17, at any time after proceedings are com pleted, the record kept pursuant to subsection (1) shall, on applica tion, be made available for inspection to the Attomey General or any person authorized in writing by the Attomey General, but no other person.

(4) If an enactment provides that any right, benefit, licence, permit or privilege held may be cancelled, revoked, suspended or otherwise dealt with on the finding of guilt of an offence under the enactment, nothing in this

section precludes the providing of any information in accordance with the enactment for those purposes.

(5) Nothing in this

section precludes the fumishing of information and an abstract of a driving record in accordance with

section 66 of the Motor Vehicle Administration Act. 30 When the Lieutenant Govemor in Council is satisfied that re ciprocal provisions are made or will be made by a province for the enforcement of dispositions made in Alberta, the Lieutenant Gov emor in Council may by order declare it to be a reciprocating prov ince for the purposes of this Act. 31 The Lieutenant Govemor in Council may make regulations (

a) respecting forms for the purposes of this Act; (

b) establishing mles regulating the practice and procedure to be followed by youth courts; (

c) designating places of temporary detention. 32 In any case for which forms are not enacted under

section 31, the forms prescribed under the

Summary Convictions Act, set out in P^ XXV ofthe Criminal Code (Canada) or prescribed by the Young Offenders Act (Canada), with modifications as the circumstances re quire, or other appropriate forms, may be used. 33^7; Where, before the coming into force of this Act, proceedings were commenced under the Juvenile Delinquents Act (Canada) in re spect of an offence alleged to have been committed by a young person, the proceedings and aU matters consequent thereon may be deaU with as If this Act had not come into force, except that where an adjudi cation oj delinquency is made under the Juvenile Delinquents Act (panada), aU subsequent proceedings shaU be taken under this Act as if the adjudication were a finding ofguik under this Act.

(2) Any person who, before the coming into force ofthis Act, is alleged nftZT'^'^'''''^.^'' ^-^^^'^ ^^''^^ ^' ^^' ^ young person in respect ^{ r^/. iTc^T/f '^"^'/^''w'^^^^"^^^ ^'f^'' 'h^ coming into force /curredJ^^^^^^^^^ "^"^^^ ^^'^ "/^"' '^'' ^'' ^' 'f'^' ^"'^ed offence occurred after the commg into force of this Act. 18

Consequential Consequential

(3) If on April 1, 1985 the status of a person changes from that of an adult to that of a young person, then with respect to an offence alleged to have been committed by the person before his status changed. (

a) if proceedings had not been commenced with respect to the alleged offence before his status changed, proceedings shaU be taken under this Act as if the alleged offence occurred after his status changed, or (

b) if proceedings had been commenced with respect to the alleged offence before his status changed, proceedings may be deah with as if his status had not changed.

(4) For the purposes of this section, proceedings are commenced by the laying of an information. 34 The Child Welfare Act is amended (

a) by repealing

Part 4; (

b) in

section 78(1) by striking out "or under paragraph 20(1 )(

h) or (

i) of the Juvenile Delinquents Act (Canada)"; (

c) by repealing

section 99; (

d) by repealing

section 100(a)(iii) and (f). 35 The Corrections Act is amended in

section 1(d) (

a) by striking out "juvenile delinquent" and substituting "a young person, as defined in the Young Offenders Act or the Young Of fenders Act (Canada)"; (

b) by striking out "section 9 of the Juvenile Delinquents Act (Canada)" and substituting "section 16 of the Young Offenders Act (Canada)". Consequential 36 The Motor Vehicle Administration Act is amended '(

a) in

section 65(1) (

i) by striking out "Part 2 of the Provincial Court Act" and substituting "the Young Offenders Act"; (ii) in clauses (

c) and (

d) by striking out "a delinquency in respect of"; (iii) by striking out "or finding of juvenile delinquency"; (

b) by repealing

section 106(l)Cf); (

c) in

section 113 by striking out "or" at the end of clause (

a) and by repealing clause (b). Consequential 37 Thc Provincial Court Act is amended (

a) in

section 2(2)(

b) by striking out "Juvenile" wherever U occurs and substituting "Youth"; (

b) by repealing the heading preceding

section 22 and substituting the following: 19

PART 2 YOUNG PERSONS MATTERS (

c) in

section 22 (

i) by repealing clause (b); (ii) by adding the following after clause (c): (d) "young person" has the same meaning as in the Young Offenders Act or the Young Offenders Act (Canada), as the case may be; (

d) by repealing

section 23 and substituting the following: 23 The Court is a youth court within the meaning of and for the purposes of the Young Offenders Act and the Young Offenders Act (Canada), and has all the powers vested in a youth court under those Acts. (

e) in

section 24 by striking out "Juvenile Delinquents Act (Can ada)" and substituting "Young Offenders Act and Young Offenders Act (Canada)"; (

f) by repealing sections 26 and 28. Consequential 38 The

Summary Convictions Act, RSA 1980 cS-26.1, is amended by adding the following after

section 52: 52.1 The Young Offenders Act is amended (

a) in

section 2(2) (

i) by striking out "pay out of court" and substituting "make a voluntary payment of"; (ii) by striking out "section 6" and substituting "section 22"; (

b) in

section 7(11) (

i) by striking out "pays out of court" and substituting "makes a voluntary payment of", and (ii) by striking out "section 6" and substituting "section 22"; (

c) in

section ll(4)(

b) by striking out "section 6" and substi tuting "section 22". 39 This Act comes into force on AprU 1, 1984. 20 Title: 1984 (20th, 2nd) Bill 5, Young Offenders Act

Document details

Collection	Alberta — Bills
Citation	L20 S2 3477
Type	bill
Volume / chapter	L20 S2 3477
Language	en
Format	json
Source	PROVINCIAL
Identifier	957ec232da61e58c42230e5de85bd0e70c95f9b4

Source file is stored in the law ingest library (json).