|
|
|
Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Custody and Detention of Young Persons Act
 
Legislature :
55
Session :
1
Bill No. :
32
Member :
Hon. Mr. Steeves
First Reading :
2004-3-31
Second Reading :
2004-4-2
Committee of the Whole :
2004-5-4
2004-5-25
Amended :
Third Reading :
2004-5-26
Royal Assent :
2004-5-28
Download PDF :
  Bill 32         
.........................................................................................................................................................................................................
Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Section 1 of the Custody and Detention of Young Persons Act, chapter C-40 of the Acts of New Brunswick, 1985, is amended



(a)               by repealing the definition "young person" and substituting the following:



"young person" means a person who is or, in the absence of evidence to the contrary, appears to be twelve years of age or more, but less than eighteen years of age and, if the context requires, includes any person who is charged with having committed an offence while he or she was a young person or who is found guilty of an offence while he or she was a young person;



(b)               by repealing the definition "place of temporary detention" and substituting the following:



"place of temporary detention" means a place designated as a place of temporary detention under section 3 or a place within a class of such places so designated and includes a place of temporary detention designated under the Youth Criminal Justice Act (Canada) by the Lieutenant-Governor in Council;



(c)               by repealing the definition "place of secure custody" and substituting the following:



"place of secure custody" means a place or facility designated as a place of secure custody under section 3 or a place or facility within a class of such places or facilities so designated and includes



(a)               a place of secure custody designated under the Young Offenders Act (Canada) by the Lieutenant-Governor in Council, and



(b)               a youth custody facility designated under the Youth Criminal Justice Act (Canada) by the Lieutenant-Governor in Council;



(d)               by repealing the definition "place of open custody" and substituting the following:



"place of open custody" means a place or facility designated as a place of open custody under section 3 or a place or facility within a class of such places or facilities so designated and includes a place of open custody designated under the Young Offenders Act (Canada) by the Lieutenant-Governor in Council;



(e)               by repealing the definition "program" and substituting the following:



"program" means



(a)               a pre-trial detention and supervision program,



(b)               an open or secure custody program,



(c)                a program for the administration and supervision of sentences, and



(d)               any other related service or program;



(f)                by adding the following definitions in alphabetical order:



"offence" means an offence created by an Act of the Legislature or Parliament or by any regulation or by-law made under such Act;



"provincial director" means a provincial director as defined in subsection 2(1) of the Youth Criminal Justice Act (Canada);



2                           Section 2 of the Act is amended



(a)               in paragraph (a) by striking out "and" at the end of the paragraph;



(b)               by repealing paragraph (b) of the English version of the Act and substituting the following:



(b)               young persons have rights and freedoms in their own right, including those stated in the Canadian Charter of Rights and Freedoms, and in particular a right to be heard in the course of, and to participate in, the processes that lead to decisions that affect them, and young persons should have special guarantees of their rights and freedoms, and



(c)               by adding after paragraph (b) the following:



(c)                within the limits of fair and proportionate accountability, the measures taken against young persons who commit offences should



(i)         be meaningful for the individual young person given his or her needs and level of development and, where appropriate, involve the parents, the extended family, the community and social or other agencies in the young person's rehabilitation and reintegration, and



(ii)       respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements.



3                           Section 3 of the French version of the Act is amended



(a)               in subsection (1) by striking out "à titre d'endroits de détention" and substituting "à titre d'endroits de garde";



(b)               in subsection (2) by striking out "à titre d'endroit de détention" and substituting "à titre d'endroits de garde".



4                           Section 9 of the Act is amended



(a)               by repealing paragraph (a) and substituting the following:



(a)               is being detained prior to the making of an order or the imposition of a sentence by a judge,



(b)               by repealing paragraph (c) and substituting the following:



(c)                has been committed to custody or imprisonment by a sentence or order of a judge,



(c)               by adding after paragraph (c) the following:



(c.1)            has been remanded to custody by an order of the provincial director under section 45, 102 or 106 of the Youth Criminal Justice Act (Canada), or



5                           Paragraph 14(b) of the Act is repealed and the following is substituted:



(b)               when the term of the order or the custodial portion of the sentence made by a judge has expired, or



6                           Section 15 of the Act is amended



(a)               by renumbering the section as subsection 15(1);



(b)               in paragraph (1)(h) by striking out "release programs" and substituting "reintegration leave programs";



(c)               by adding after subsection (1) the following:



15(2)               A regulation made under subsection (1) may be made retroactive to April 1, 2003, or to any date after April 1, 2003.



TRANSITIONAL PROVISION

7                           Where in the French version of any order, agreement or other instrument or document, reference is made to "un endroit de détention en milieu ouvert' or to "un endroit de détention en milieu fermé', it shall be read, unless the context otherwise requires, as a reference to "un endroit de garde en milieu ouvert' or to "un endroit de garde en milieu fermé', respectively.



COMMENCEMENT

8                           This Act shall be deemed to have come into force on April 1, 2003.



EXPLANATORY NOTES



Section 1



(a)               The existing provision is as follows:



"young person" means a person who is or, in the absence of evidence to the contrary, appears to be twelve years of age or more but under eighteen years of age;



(b)               The existing provision is as follows:



"place of temporary detention" means a place designated as a place of temporary detention under section 3 or a place within a class of such places so designated;



(c)                The existing provision is as follows:



"place of secure custody" means a place or facility designated as a place of secure custody under section 3 or a place or facility within a class of such places or facilities so designated;



(d)               The existing provision is as follows:



"place of open custody" means a place or facility designated as a place of open custody under section 3 or a place or facility within a class of such places or facilities so designated;



(e)                The existing provision is as follows:



"program" means



(a)               a pre-trial detention and supervision progam,



(b)               an open or secure custody program,



(c)                a program for the administration and supervision of dispositions, and



(d)               any other related service or program;



(f)                New definitions.



Section 2



(a)               The amendment is consequential on the amendment made in paragraph 2(c) of this amending Act.



(b)               The existing provision is as follows:



2                           It is hereby recognized and declared that…



(b)               young persons have rights and freedoms in their own right, incuding those stated in the Canadian Charter of Rights and Freedoms, and in particular a right to be heard in the course of, and to participate in, the processes that lead to decisions that affect them, and young persons should have special guarantees of their rights and freedoms.



(c)                New provision.



Section 3



(a)               The existing provision is as follows:



3(1)                   Le lieutenant-gouverneur en conseil peut désigner des endroits ou des établissements ou des sous-catégories d'endroits ou d'établissements à titre d'endroits de détention en milieu ouvert.



(b)               The existing provision is as follows:



3(2)                   Le lieutenant-gouverneur en conseil peut désigner des endroits ou des établissements ou des sous-catégories d'endroits ou d'établissements à titre d'endroit de détention en milieu fermé.



Section 4



(a)               The existing provision is as follows:



9                           A young person shall not be detained in custody in a youth custodial facility unless the young person



(a)               is being detained prior to the making of an order or disposition by a judge,



(b)               The existing provision is as follows:



9                           A young person shall not be detained in custody in a youth custodial facility unless the young person…



(c)                has been committed to custody or imprisonment by a disposition or order of a judge, or



(c)                New provision.



Section 5



The existing provision is as follows:



14                        The superintendent or a person designated under section 8, as the case may be, shall discharge a young person from custody…



(b)               when the term of the order or disposition made by a judge has expired, or



Section 6



(a)               The section is renumbered.



(b)               The existing provision is as follows:



15                        The Lieutenant-Governor in Council may make regulations…



(h)               providing for release programs and establishing criteria therefor;



(c)                New provision.



Section 7



Transitional provision.



Section 8



Commencement provision.
.........................................................................................................................................................................................................
Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
DISCLAIMER