Older Uniform Acts

Uniform Regulatory Offences Procedure Act (1992)

YOUNG PERSONS

COMMENTARY

The provisions of the Young Offenders Act (Canada) apply in respect of offences against the Criminal Code. The enacting jurisdiction will require legislation to create the facilities referred to in the Young Offenders Act, probably in its social ministry legislation. Similarly the administrative structure that is necessary will be established in the childrens services administration. The special provisions for alternative sentencing belong in that legislation by merely extending its application to regulatory offences. Similarly alternative measures should be provided for by extending the application of existing provisions that deal with the Federal Act. It is, however, necessary to carry out the procedural principles that are contained in the Federal legislation.

Minimum Age

79. No person shall be convicted of an offence committed while under twelve years of age.

Application of ss 81-89

80.-(1) Sections 81 to 89 apply to proceedings against a young person who is a person of twelve years of age or more but under sixteen years of age, and includes proceedings against a person of sixteen years of age or more who is charged with having committed an offence while he or she was twelve years of age or more but under sixteen years of age.

(2) The provisions of this Act apply to young persons except insofar as anything in sections 81 to 89 is inconsistent with them.

(3) A reference in sections 81 to 89 to a parent includes a reference to an adult with whom the young person ordinarily resides.

COMMENTARY

When determining the upper age of a young offender for the purposes of regulatory offences a major consideration is the age in the statutes of the jurisdiction when young persons can obtain a driving licence, obtain alcohol or engage in other commonly regulated activities. The central purpose of young offender legislation is not directed at purely regulatory minor offences.

Summons

81. A proceeding commenced against a young person shall be by a certificate of offence with an offence notice and summons.

Notice to Parent

82.-(1) Where a summons is served upon a young person or a young person is released on a recognizance under this Act, the regulatory offences officer, in the case of a summons, or the officer in charge, in the case of a recognizance, shall as soon as practicable give notice to a parent of the young person by delivering a copy of the summons or recognizance to the parent.

(2) Where notice has not been given under subsection (1) and no person to whom notice could have been given appears with the young person, the court may adjourn the hearing to another time to permit notice to be given or may dispense with the notice.

(3) Failure to give notice to a parent under subsection (1) does not in itself invalidate the proceedings against the young person.

Trial

83.-(1) Subject to section 37 (ex parte conviction), subsection 53 (1) (removal for misconduct) and subsection (2), a young person shall be present in court during the whole of the trial.

(2) The court may permit a young person to be absent during the whole or any part of the trial, on such conditions as the court considers proper.

(3) Section 46 (penalty for failure to attend) does not apply to a young person who is a defendant.

(4) Where a young person who is a defendant does not appear at the time and place appointed for a hearing and it is proved by the prosecutor, having been given a reasonable opportunity to do so, that a summons was served, an undertaking to appear was given or a recognizance to appear was entered into, as the case may be, or where the young person does not appear upon the resumption of a hearing that has been adjourned, the court may adjourn the hearing and issue a summons to appear or issue a warrant in the prescribed form for the arrest of the young person.

(5) Where a young person does not attend personally in response to a summons issued under section 35 (court summons to attend) and it is proved by the prosecutor, having been given a reasonable opportunity to do so, that the summons was served, the court may adjourn the hearing and issue a further summons or issue a warrant in the prescribed form for the arrest of the young person.

Protection of Identity

84.-(1) No person shall publish by any means a report,

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

(b) of a hearing, adjudication, sentence or appeal concerning a young person who committed or is alleged to have committed an offence, in which the name of or any information serving to identify the young person is disclosed.

(2) Subsection (1) does not prohibit the following:

1. The disclosure of information by the young person concerned.

2. The disclosure of information by the young persons parent or lawyer, for the purpose of protecting the young persons interests.

3. The disclosure of information by a police officer for the purpose of investigating an offence which the young person is suspected of having committed.

4. The disclosure of information to an insurer, to enable the insurer to investigate a claim arising out of an offence committed or alleged to have been committed by the young person.

5. The disclosure of information in the course of the administration of justice, but not for the purpose of making the information known in the community.

6. The disclosure of information by a person or member of a class of persons prescribed by the regulations.

(3) Every person who contravenes subsection (1) and every director, officer or employee of a corporation who authorizes, permits or acquiesces in a contravention of subsection (1) by the corporation is guilty of an offence and is liable on conviction to a fine of not more than $10,000.

Penalties

85.-(1) No young person shall be sentenced to be imprisoned except under clause 76(d) (breach of probation order).

(2) Where a young person is found guilty of an offence in proceedings commenced under this Act, the court may,

(a) convict the young person and,

(i) order the young person to pay a fine not exceeding the maximum prescribed for the offence or $1,000, whichever is less, or

(ii) suspend the passing of sentence and direct that the young person comply with the conditions prescribed in a probation order; or

(b) discharge the young person absolutely.

(3) A probation order made under subclause (2) (a) (ii) shall not remain in force for more than one year from the date when it takes effect.

Non-payment of Fine

86.-(1) No warrant of committal shall be issued against a young person under section 67 (default of fines).

(2) Where it would be appropriate, but for subsection (1), to issue a warrant against a young person under subsection 67(3) or (4) (imprisonment for nonpayment of fine), a judge may direct that the young person comply with the conditions prescribed in a probation order after giving the young person fifteen days notice of the intention to make a probation order and giving the young person an opportunity to be heard.

(3) A probation order made under subsection (2) shall not remain in force for more than ninety days from the date when it takes effect.

Open Custody

87. Where a young person is sentenced to a term of imprisonment for breach of probation under clause 76(d), the term of imprisonment shall be served in a place of open custody designated under section 24 of the Young Offenders Act (Canada).

Arrest Without Warrant

88. No person shall exercise an authority under this or any other Act to arrest a young person without warrant unless the person has reasonable and probable grounds to believe that it is necessary in the public interest to do so in order to,

(a) establish the young persons identity; or

(b) prevent the continuation or repetition of an offence that constitutes a serious danger to the young person or to the person or property of another.

Release after Arrest

89.-(1) Section 121 (bail procedure) does not apply to a young person who has been arrested.

(2) Where a police officer acting under a warrant or other power of arrest arrests a young person, the police officer shall, as soon as is practicable, release the young person from custody unconditionally or after serving the young person with a summons unless the officer has reasonable and probable grounds to believe that it is necessary in the public interest for the young person to be detained in order to establish the young persons identity, or prevent the continuation or repetition of an offence that constitutes a serious danger to the young person or the person or property of another.

(3) Where a young person is not released from custody under subsection (2), the police officer shall deliver the young person to the officer in charge and where the officer in charge is of the opinion that the conditions set out in subsection (2) do not or no longer exist, the officer in charge shall release the young person unconditionally or upon the young person entering into a recognizance in the prescribed form, without sureties, conditioned for appearance in court.

(4) Where the officer in charge does not release the young person under subsection (3), the officer in charge shall as soon as possible notify a parent of the young person by advising the parent, orally or in writing, of the young persons arrest, the reason for the arrest and the place of detention.

(5) Section 122 (prompt appearance in court) applies with necessary modifications to the release of a young person from custody under this section.

(6) No young person who is detained under section 121 shall be detained in any part of a place in which an adult who has been charged with or convicted of an offence is detained unless a judge so authorizes, which the judge may do on being satisfied that,

(a) the young person cannot, having regard to the young persons own safety or the safety of others, be detained in a place of temporary detention for young persons; or

(b) no place of temporary detention for young persons is available within a reasonable distance.

(7) Wherever practicable, a young person who is detained in custody shall be detained in a place of temporary detention designated under subsection 7 (1) of the Young Offenders Act (Canada).

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018