Bill C-231: An Act to amend the Youth Criminal Justice Act

2002, c. 1 Youth Criminal Justice Act 1 Section 6 of the Youth Criminal Justice Act is amended by adding the following after subsection (1): Addiction treatment program (1.1) For the purposes of subsection (1), if the young person’s alleged commission of the offence is linked to a controlled substance , as defined in subsection 2(1) of the Controlled Drugs and Substances Act , or to cannabis , as defined in subsection 2(1) of the Cannabis Act , the police officer shall consider whether it would be appropriate to refer the young person, with the young person’s consent, to an addiction treatment program authorized by the Attorney General or authorized by a person, or a member of a class of persons, designated by the lieutenant governor in council of a province. 2 Paragraph 10(2)(a) of the Act is replaced by the following: (a) it is part of a program of sanctions — including an addiction treatment program — that may be authorized by the Attorney General or authorized by a person, or a member of a class of persons, designated by the lieutenant governor in council of the province; 3 Section 39 of the Act is amended by adding the following after subsection (1): Addiction treatment program (1.1) A youth justice court shall not commit a young person to custody under section 42 (youth sentences) solely because the young person failed or refused to comply with the condition set out in paragraph 55(2)(e.1). 4 (1) Subsection 42(1) of the Act is replaced by the following: Considerations as to youth sentence 42 (1) A youth justice court shall, before imposing a youth sentence, consider any recommendations submitted under section 41, any pre-sentence report, any representations made by the parties to the proceedings or their counsel or agents and by the parents of the young person, any participation by the young person in a program referred to in subsection (1.1) , and any other relevant information before the court. Addiction treatment program (1.1) When a youth justice court finds a young person guilty of an offence whose commission was linked to a controlled substance , as defined in subsection 2(1) of the Controlled Drugs and Substances Act , or to cannabis , as defined in subsection 2(1) of the Cannabis Act , the court may, before imposing a specific sentence, while taking into account the purpose and principles set out in section 38 and with the consent of the Attorney General and the young person, delay sentencing to enable the young person to participate in an addiction treatment program authorized by the Attorney General or authorized by a person, or a member of a class of persons, designated by the lieutenant governor in council of a province. (2) Paragraphs 42(2)(l) and (m) of the Act are replaced by the following: (l) subject to subsection (3) (agreement of provincial director), order the young person into an intensive support and supervision program — including an addiction treatment program — approved by the provincial director; (m) subject to subsection (3) (agreement of provincial director) and section 54, order the young person to attend a non-residential program — including an addiction treatment program — approved by the provincial director, at the times and on the terms that the court may fix, for a maximum of two hundred and forty hours, over a period not exceeding six months; 5 Subsection 55(2) of the Act is amended by adding the following after paragraph (e): (e.1) attend an addiction treatment program authorized by the Attorney General or authorized by a person, or a member of a class of persons, designated by the lieutenant governor in council of a province;