Conditional Supervision Orders
| This page was last substantively updated or reviewed January 2015. (Rev. # 99351) |
General Principles
- Recommendation of provincial director for conditional supervision of young person
96 (1) When a young person is held in custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r) [youth sentences – certain custody and supervision orders and IRCS's], the provincial director may, if satisfied that the needs of the young person and the interests of society would be better served by doing so, make a recommendation to the youth justice court that the young person be released from custody and placed under conditional supervision.
- Notice
(2) If the provincial director makes a recommendation, the provincial director shall cause a notice to be given in writing that includes the reasons for the recommendation and the conditions that the provincial director would recommend be set under section 105 to the young person, a parent of the young person and the Attorney General and give a copy of the notice to the youth justice court.
- Application to court for review of recommendation
(3) If notice of a recommendation is made under subsection (2) with respect to a youth sentence imposed on a young person, the youth justice court shall, if an application for review is made by the young person, the young person’s parent or the Attorney General within ten days after service of the notice, review the youth sentence without delay.
- Subsections 94(7), (9) to (12) and (14) to (19) apply
(4) Subject to subsection (5), subsections 94(7) (no review of appeal pending), (9) to (12) (progress reports) and (14) to (19) (provisions respecting notice and decision of the youth justice court) apply, with any modifications that the circumstances require, in respect of reviews made under this section and any notice required under subsection 94(14) shall also be given to the provincial director.
- If no application for review made under subsection (3)
(5) A youth justice court that receives a notice under subsection (2) shall, if no application for a review is made under subsection (3),
- (a) order the release of the young person and place the young person under conditional supervision in accordance with section 105, having regard to the recommendations of the provincial director; or
- (b) if the court considers it advisable, order that the young person not be released.
For greater certainty, an order under this subsection may be made without a hearing.
- Notice when no release ordered
(6) When a youth justice court orders that the young person not be released under paragraph (5)(b), it shall cause a notice of its order to be given to the provincial director without delay.
- Provincial director may request review
(7) When the provincial director is given a notice under subsection (6), he or she may request a review under this section.
- When provincial director requests a review
(8) When the provincial director requests a review under subsection (7),
- (a) the provincial director shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General; and
- (b) the youth justice court shall review the youth sentence without delay after the notice required under paragraph (a) is given.
- Conditional supervision
105 (1) The provincial director of the province in which a young person on whom a youth sentence under paragraph 42(2)(o), (q) or (r) [youth sentences – custody and supervision order or IRCS (serious offences)] has been imposed is held in custody or, if applicable, with respect to whom an order has been made under subsection 104(1) (continuation of custody), shall cause the young person to be brought before the youth justice court at least one month before the expiry of the custodial portion of the youth sentence. The court shall, after giving the young person an opportunity to be heard, by order, set the conditions of the young person’s conditional supervision.
[omitted (2), (3), (4), (5), (6), (7) and (8)]
Conditions
105 [omitted (1)]
- Conditions to be included in order
(2) The youth justice court shall include in the order under subsection (1) [conditional supervision] the following conditions, namely, that the young person
- (a) keep the peace and be of good behaviour;
- (b) appear before the youth justice court when required by the court to do so;
- (c) report to the provincial director immediately on release, and then be under the supervision of the provincial director or a person designated by the youth justice court;
- (d) inform the provincial director immediately on being arrested or questioned by the police;
- (e) report to the police, or any named individual, as instructed by the provincial director;
- (f) advise the provincial director of the young person’s address of residence on release and after release report immediately to the clerk of the youth justice court or the provincial director any change
- (i) in that address,
- (ii) in the young person’s normal occupation, including employment, vocational or educational training and volunteer work,
- (iii) in the young person’s family or financial situation, and
- (iv) that may reasonably be expected to affect the young person’s ability to comply with the conditions of the order;
- (g) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order; and
- (h) comply with any reasonable instructions that the provincial director considers necessary in respect of any condition of the conditional supervision in order to prevent a breach of that condition or to protect society.
- Other conditions
(3) In setting conditions for the purposes of subsection (1) [conditional supervision], the youth justice court may include in the order the following conditions, namely, that the young person
- (a) on release, travel directly to the young person’s place of residence, or to any other place that is noted in the order;
- (b) make reasonable efforts to obtain and maintain suitable employment;
- (c) attend school or any other place of learning, training or recreation that is appropriate, if the court is satisfied that a suitable program is available for the young person at such a place;
- (d) reside with a parent, or any other adult that the court considers appropriate, who is willing to provide for the care and maintenance of the young person;
- (e) reside in any place that the provincial director may specify;
- (f) remain within the territorial jurisdiction of one or more courts named in the order;
- (g) comply with conditions set out in the order that support and address the needs of the young person and promote the reintegration of the young person into the community; and
- (h) comply with any other conditions set out in the order that the court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences.
- Temporary conditions
(4) When a provincial director is required under subsection (1) [conditional supervision] to cause a young person to be brought before the youth justice court but cannot do so for reasons beyond the young person’s control, the provincial director shall so advise the youth justice court and the court shall, by order, set any temporary conditions for the young person’s conditional supervision that are appropriate in the circumstances.
- Conditions to be set at first opportunity
(5) When an order is made under subsection (4) [conditional supervision — temporary conditions], the provincial director shall bring the young person before the youth justice court as soon after the order is made as the circumstances permit and the court shall then set the conditions of the young person’s conditional supervision.
- Report
(6) For the purpose of setting conditions under this section, the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information that may be of assistance to the court.
- Provisions apply
(7) Subsections 99(2) to (7) (provisions respecting reports and notice) and 104(4) (ordering appearance of young person) apply, with any modifications that the circumstances require, in respect of any proceedings held under subsection (1).
- Provisions apply
(8) Subsections 56(1) to (4) (provisions respecting probation orders), (7) (notice to appear) and (8) (warrant in default) and section 101 (review of youth justice court decision) apply, with any modifications that the circumstances require, in respect of an order made under subsection (1).
- Suspension of conditional supervision
106 If the provincial director has reasonable grounds to believe that a young person has breached or is about to breach a condition of an order made under subsection 105(1), the provincial director may, in writing,
- (a) suspend the conditional supervision; and
- (b) order that the young person be remanded to any youth custody facility that the provincial director considers appropriate until a review is conducted under section 108 and, if applicable, section 109.
Apprehension
- Apprehension
107 (1) If the conditional supervision of a young person is suspended under section 106, the provincial director may issue a warrant in writing, authorizing the apprehension of the young person and, until the young person is apprehended, the young person is deemed not to be continuing to serve the youth sentence the young person is then serving.
- Warrants
(2) A warrant issued under subsection (1) shall be executed by any peace officer to whom it is given at any place in Canada and has the same force and effect in all parts of Canada as if it had been originally issued or subsequently endorsed by a provincial court judge or other lawful authority having jurisdiction in the place where it is executed.
- Peace officer may arrest
(3) If a peace officer believes on reasonable grounds that a warrant issued under subsection (1) is in force in respect of a young person, the peace officer may arrest the young person without the warrant at any place in Canada.
- Requirement to bring before provincial director
(4) If a young person is arrested under subsection (3) and detained, the peace officer making the arrest shall cause the young person to be brought before the provincial director or a person designated by the provincial director
- (a) if the provincial director or the designated person is available within a period of twenty-four hours after the young person is arrested, without unreasonable delay and in any event within that period; and
- (b) if the provincial director or the designated person is not available within that period, as soon as possible.
- Release or remand in custody
(5) If a young person is brought before the provincial director or a person designated by the provincial director under subsection (4), the provincial director or the designated person
- (a) if not satisfied that there are reasonable grounds to believe that the young person is the young person in respect of whom the warrant referred to in subsection (1) was issued, shall release the young person; or
- (b) if satisfied that there are reasonable grounds to believe that the young person is the young person in respect of whom the warrant referred to in subsection (1) was issued, may remand the young person in custody to await execution of the warrant, but if no warrant for the young person’s arrest is executed within a period of forty-eight hours after the time the young person is remanded in custody, the person in whose custody the young person then is shall release the young person.