Framework for Publication and Records

1. S.110 to 129 set out the framework for publication and record-keeping, which serves three purposes: it reinforces the basic rule protecting the privacy of young persons as offenders, victims, and witnesses; it recognizes that the publication of names of young offenders may seriously impair rehabilitative goals of the youth justice system, handicap the youth’s prospects for adjustment in society and acceptance by the public, and thus jeopardize the long-term protection of the public; and it provides for strict limitations on the publication of information about young persons, as offenders or as witnesses or victims of youth crime. Framework for Publication and Records

2. the communication of information by making it known or accessible to the general public through any means, including print, radio, or television broadcast, telecommunication or electronic means S.2(1) Definition of Publication

3. S.2(1) the communication of information other than by way of publication S.2(1) Definition of Disclosure

4. S.110(1) No person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person ashaving been dealt with under the Act. S.110(1) Prohibition Against Publication

5. exceptions under S.110(2) publication by young person application by peace officer to publish information Exceptions to Prohibition Against Publication

6. S.110(2) the prohibition againstpublication does not apply when (a) the young person has received an adult sentence (b) the young person has received a youth sentence for a presumptive “a” offence, or where he has received a youth sentence for a presumptive “b” offence when the attorney general has given notice that an adult sentence would be sought; S.110(2) Exceptions to the Prohibition Against Publication

7. If the youth justice court imposes a youth sentence in respect of a young person who has been found guilty of committing a presumptive offence, the court shall at the sentencing hearing inquire whether the young person or the attorney general wishes to make an application for a ban on publication. S.75(1) Application for Ban on Publication

8. S.75(3) provides that the court may order a ban on publication if the court considers it appropriate, taking into account the importance of rehabilitating the young person and the public interest S.75(3) Criteria for Ban on Publication

9. S.110(2) The general prohibition does not apply (c) where the publication is made in the course of the administration of justice, if it is not the purpose of the publication to make the information known in the community. S.110(2)(c) Exceptions to the Prohibition Against Publication

10. S.110(3) A young person who has been dealt with by the Act may, after he turns 18, publish information that would tend to identify him as a person who has been dealt with under the YCJA or under the YOA, provided he is not in custody under the YCJA or the YOA at the time the information is published. S.110(3) Publication After Turning 18

11. S.110(6) The youth justice court may, on the application of a young person, make an order permitting the young person to publish information that would tend to identify him as a person who has been dealt with under the YCJA or under the YOA, if the court is satisfied thatthe publication would not be contrary to the young person’s best interests or the public interest. S.110(6) Application by Young Person to Publish

12. S.112 Where a young person publishes information after turning 18, or with the order of the court, as an offender, or as a witness or victim, the prohibition on the publication of that information no longer exists. S.112 Prohibition Against Publication No Longer Applies

13. S.110(4) On an ex parte application of a peace officer to the youth justice court, the court shall make an order allowing any person to publish information identifying the young person as one who has committed or is alleged to have committed an indictable offence under this Act, if the court is satisfied that (a) there is reason to believe the young person is a danger to others, and (b) publication is necessary to assist in the apprehension of the young person. S.110(4) Application by Peace Officer to Publish Information

14. S.110(1) no publication of identifying information of a young person EXCEPT 1. S.110(2)(a) the young person receives an adult sentence 2. S.110(2)(b) the young person receives a youth sentence for a presumptive offence EXCEPT - S.65 notice not seeking adult sentence is given - S.75 young person applies for ban on publication 3. S.110(2)(c) information released in the administration of justice 4. S.110(3) young person is over 18 5. S.110(6) young person applies to publish information 6. S.110(4) peace officer applies to publish information Summary – Prohibition Against Publication and Exceptions

15. S.111(1) No person shall publish the name of a child or young person, or any other information if it would identify the child or young person as having been a victim of, or appearing as a witness in connection with, an offence committed or alleged to have been committed by a young person. S.111(1) Prohibition Against Publication of Information Identifying Witnesses and Victims

16. S.111(2) identifying information about a child or young person may be published by the child or young person after he attains 18, or before that with the consent of the parents by the parents of the child or the young person if the child or young person is deceased S.111(2) Publication After Young Person Turns 18 or With Consent of Parents

17. S.111(3) A child or young person may make an application to publish identifying information, and the court may make an order permitting the publication, if the court is satisfied that the publication would not be contrary to the child’s or young person’s best interests or the interests of society. S.111(3) Application by Young Person to Publish

18. to specify what records may or must be kept by officials about young persons who have been dealt with under the legislation to govern access to and disclosure of information in those records by officials and professionals when necessary for their duties and functions under the legislation to facilitate the timely physical destruction of youth records Role of Records Administration

19. S.2(1) any thing containing information, regardless of its physical form or characteristics, including microform, sound recording, videotape, machine-readable record, and any copy of any of these things, that is created or kept for the purposes of this Act or for the investigation of an offence that is or could be prosecuted under this Act S.2(1) Definition of Records

20. S.114 – youth justice court, review board, or any court dealing with matters arising out of this Act S.115(1) – police force responsible for the investigation of an offence S.115(2) – RCMP when records may or shall be provided S.115(3) – RCMP responsible for central repository S.116 – a department or agency of any government in Canada, for investigation of an offence or proceedings against a young person or administering a youth sentence or other measure Who May Keep Records

21. S.124 A young person to whom a record relates and his counsel may have access to the record at any time. S.124 Access for Young Person

22. S.118 to 129 do not apply to records kept in respect of an offence for which an adult sentence has been imposed once the time for appeal has expired or all appeal proceedings have been taken the record shall be dealt with as a record of an adult the finding of guilt is deemed to be a conviction S.117 Exception to Access Restrictions – Adult Sentences

23. S.118 Except as authorized or required by this Act, no person shall be given access to a record kept under S.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 young person dealt with under this Act. S.118 No Access to Records

24. Is the document one that identifies the young person by name or otherwise? Does the document identify the young person as one who has been dealt with under this Act? Questions Under S.118

25. interaction between a young person and authorities where any of the provisions of the YCJA have been activated the young person has been under investigation but no charge has been laid the young person has been charged the charges have been withdrawn or stayed the young person has been acquitted the young person has been found guilty, but not yet sentenced the young person has been found guilty and sentenced the young person has been discharged, conditionally or absolutely “Dealt with Under This Act”

26. S.118(2) No person who is employed in keeping or maintaining records is restricted from doing anything prohibited under S.118(1) with respect to any other person so employed. S.118(2) Exception for Employees

27. S.119(1) The following persons shall be given access to a record under S.114 and may be given access to a record under S.115 or S.116: (s) Any person or member of a class of persons that a youth justice court judge considers has a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that access to the record is desirable in the public interest for research or statistical purposes, or desirable in the interest of the proper administration of justice. S.119(1)(s) Application for Access

28. S.119(2) The period of access referred to in S.119(1) is (g) if the young person is found guilty of a summary conviction offence, the period ending three years after the youth sentence imposed in respect of the offence has been completed; S.119(2)(g) Access for Summary Conviction Offence

29. S.119(2) The period of access referred to in S.119(1) is (h) if the young person is found guilty of an indictable offence, the period ending five years after the youth sentence imposed in respect of the offence has been completed; S.119(2)(h) Access for Indictable Offence

30. S.119(2) The period of access referred to in S.119(1) is if, during the period calculated in accordance with (g) or (h), the young person is found guilty of a summary conviction offence committed when he was a young person, the latest of (i) the period calculated in accordance with (g) or (h), as the case may be, or (ii) the period ending three years after the youth sentence imposed for the offence has been completed. S.119(2)(i) Subsequent Summary Conviction Offence

31. S.119(2) The period of access referred to in S.119(1) is if, during the period calculated in accordance with (g) or (h), the young person is found guilty of an indictable offence committed when he was a young person, the period ending five years after the sentence imposed for that offence has been completed. S.119(2)(j) Subsequent Indictable Offence

32. 119(9) If, during the period of access to a record under (g) to (j) the young person is convicted of an offence committed when he or she is an adult, S.82 does not apply to the young person in respect of the offence for which the record was kept; this Part no longer applies and the record shall be dealt with as the record of an adult; and for the purposes of the Criminal Records Act, the finding of guilt is deemed to be a conviction. S.119(9) Effect of Conviction as an Adult

33. S.122 A person who is required or authorized to give access to a record under S.119,120,123, or 124, may be given any information contained in the record and may be given a copy of any part of the record. S.122 Disclosure of Information and Copies of Record

34. S.129 No person who is given access to a record or to whom information is disclosed under this Act shall disclose the information to another person unless the disclosure is authorized under this Act. S.129 No Subsequent Disclosure

35. medical and psychological reports – S.34(1) pre-sentence reports – S.40(1) progress reports – S.59(3) reports for application for continuation of custody – S.99(1) reports for determining supervision conditions – S.105(6) reports for reviewing suspension of conditional supervision Examples of Reports

36. S.119(6) provides access to a medical or psychological report to the following: the young person, the young person’s counsel, The Attorney General the parents of the young person, or another adult assisting the young person any peace officer for law enforcement purposes or any purpose related to the administration of the case during the course of proceedings or the term of the youth sentence, a judge, court or review board for any purpose related to the proceedings, an accused or his counsel who requires access to the record to make full answer or defence, or any person that the court directs if access to the record is desirable in the interest of the proper administration of justice S.119(6) Access to Medical and Psychological Reports

37. S.40(5) A pre-sentence report prepared pursuant to S.40(2) shall form part of the record and must be provided by the court to the young person and his counsel, the young person’s parent who is in attendance at the proceedings, or a parent who is not in attendance if the parent has taken an active interest in the proceedings, or the prosecutor S.40(5) Pre-sentence Reports

38. S.40(9) A provincial director who submits a pre-sentence report to the youth court may make all or part of the report available to any person in whose custody or under whose supervision the young person is places, or any other person who is directly assisting in the care or treatment of the young person. S.40(9) Disclosure of Pre-Sentence Reports

39. S.59(3) The youth justice court may require the provincial director to prepare a progress report on the performance of a young person since the youth sentence took effect, for the purpose of reviewing the sentence. S.59(3) Progress Report

40. S.99(1) The youth justice court shall require the provincial director to prepare a report setting out any information relevant to the factors set out in S.98(4) that may be of assistance to the court in determining an application for continuation of custody. S.99(1) Report for Application for Continuation of Custody

41. S.105(6) For the purpose of setting conditions under S.105, the youth justice court shall require the provincial director to prepare a report to assist the court in making its decision with respect to the conditions to be included in the conditional supervision order. S.105(6) Report for Determining Supervision Conditions

42. S.109(6) For the purpose of reviewing a suspension of conditional supervision, the youth justice court shall require the provincial director to prepare a report to assist the court in making a decision with respect to a young person remanded to custody after having breached his conditional supervision. S.109(6) Reports for Reviewing Suspension of Conditional Supervision