Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"

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=== 4. Records: Access and Disclosure ===  
=== 4. Records: Access and Disclosure ===  
Sections 114 to 129 of the ''YCJA'' govern the records relating to young people which are kept in relation to the youth justice court process. These provisions set out who may keep records in relation to a young person who is charged under the Act, and restrict access and control the disclosure of information contained within these records.  
Sections 114 to 129 of the ''YCJA'' govern the records relating to young people which are kept in relation to the Youth Justice Court process. These provisions set out who may keep records in relation to a young person who is charged under the Act, and restrict access and control the disclosure of information contained within these records.  


Records that arise out of proceedings under the ''YCJA'' may be kept by:  
Records that arise out of proceedings under the ''YCJA'' may be kept by:  
*A youth justice court, a review board or any court dealing with matters arising out of proceedings under the ''YCJA'' (s 114),  
*A Youth Justice Court, a review board or any court dealing with matters arising out of proceedings under the ''YCJA'' (s 114),  
*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 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)).


Not all records concerning young persons are governed by the same rules with respect to access. Under section 120 ''YCJA'' RCMP records may be accessed by:  
Not all records concerning young persons are governed by the same rules with respect to access. Under section 120 ''YCJA'' RCMP records may be accessed by:  
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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 outline who 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, but unsuccessful, efforts have been made to locate the young person.  
Sections 125 to 127 of the Act deals with disclosure of the information in a record. These rules outline who 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, but unsuccessful, efforts have been made to locate the young person.


=== 5. Mental Health Provisions ===  
=== 5. Mental Health Provisions ===  
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