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Sentence Option |
Terms of the Order |
Other Statutory Considerations |
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Reprimand,
para. 42(2)(a)
Explanatory Text
Checklist |
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Absolute discharge,
para. 42(2)(b)
Explanatory Text
Checklist |
Must be considered to be in the best interests of the YP and not contrary to public interest. |
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Conditional discharge,
para. 42(2)(c)
Explanatory Text
Checklist |
YJC may set any condition it considers appropriate. |
The YJC may require the YP to report to and be supervised by the provincial director. |
Fine not exceeding $1,000,
para. 42(2)(d)
Explanatory Text
Checklist |
YJC may fix time and terms of payment. |
The YJC must have regard to the present and future means of the YP to pay (ss. 54(1)). The YP may apply to the YJC for more time to complete this sentence (ss. 54(10)).
The YJC may order that the YP pay a victim fine surcharge, provided that a province has not made an order under ss. 53(1) that part of the fine go to assist victims. The YJC may order a surcharge of up to 15% of the fine, that may be used to assist victims as the province may direct (ss. 53(2)).
A province may order that a percentage of the fine be used to assist victims. The lieutenant governor in council will fix the percentage and may direct how the money will be used (ss. 53(1)).
The province may establish a program under which a YP can discharge a fine under para. 42(2)(d), a percentage imposed under ss. 53(1), or a victim fine surcharge imposed under ss. 53(2). The YP may obtain the discharge by earning credits for work in the program established in the province in which the fine or surcharge was imposed or in a program of the province in which the YP resides (ss. 54(2)). |
Compensation — payment,
para. 42(2)(e)
Explanatory Text
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YJC may fix time and terms of payment. |
Compensation may be provided for:
- loss of or damage to property;
- loss of income or support;
- special damages for personal injury arising from the offence if the value is readily ascertainable (except in Quebec)
- pre-trial pecuniary loss (in Quebec only)
but not for:
- other damage (Quebec)
- general damages (all other provinces) (para. 42(2)(e)).
The YJC must have regard to the present and future means of the YP to pay (ss. 54(1)).
The YJC may consider any representation made by the person who would be compensated (ss. 54(4)). The YJC shall give notice of the terms of the order to the person who will be compensated (ss. 54(5)).
The YP may apply to the YJC for more time to complete this sentence (ss. 54(10)). |
Restitution for property — to owner,
para. 42(2)(f)
Explanatory Text
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YJC may fix the time of payment. |
The YJC may consider any representation made by the person to whom restitution will be made (ss. 54(4)).
The YJC shall cause notice of the terms of the order to be given to the person to whom restitution will be made (ss. 54(5)).
The YJC may allow further time for the completion of this sentence, on application of the YP (ss. 54(10)).
Property must have been obtained as a result of the commission of the offence and be owned by the person or in his/her lawful possession at the time of the offence. |
Payment to innocent purchaser of property subject to order for restitution,
para. 42(2)(g)
Explanatory Text
Checklist |
YJC may fix the time and terms of restitution. |
The YJC must have regard to the present and future means of the YP to pay (ss. 54(1)).
The YJC may consider any representation made by the person to whom restitution will be made (ss. 54(4)).
The YJC shall cause notice of the terms of the order to be given to the person to whom restitution will be made (ss. 54(5)).
The YJC may allow further time for the completion of this sentence, on application of the YP (ss. 54(10)).
Property must have been obtained as a result of the commission of the offence; sold to an innocent purchaser; its restitution to the owner must have been made or ordered; and the purchaser must not receive more than s/he paid for the property. |
Compensation - in kind or personal services,
para. 42(2)(h)
Explanatory Text
Checklist |
YJC may fix the time and terms of compensation. |
This must be compensation for loss, damage or injury for which an order may be made under para. 42(2)(e) or (g). This order cannot be made unless
- the YJC secures the consent of the person to be compensated (ss. 54(6)).
- the YJC is satisfied that the YP is a suitable candidate for the order and the order does not interfere with the YP's normal hours of work or education (ss. 54(7)).
- the personal services can be completed in 240 hours or less and within 12 months after the date of the order (ss. 54(8)).
The YJC may consider any representation made by the person who will be compensated (ss. 54(4)).
The YJC shall cause notice of the terms of the order to be given to the person who will be compensated (ss. 54(5)). The YJC may allow further time for the completion of this sentence, on application of the YP (ss. 54(10)). |
Community service,
para. 42(2)(i)
Explanatory Text
Checklist |
YJC may fix the time and terms of service and may order the YP to report to and be supervised by the provincial director or a person designated by the YJC. |
This order cannot be made unless
- the YJC is satisfied that the YP is a suitable candidate for the order and the order does not interfere with the YP's normal hours of work or education (ss. 54(7)).
- the community service can be completed in 240 hours or less and within 12 months after the date of the order (ss. 54(8)).
- he community service is part of a program approved by the provincial director or the YJC is satisfied that person or organization for whom the service is to be performed has agreed to its performance (ss. 54(9)).
The YJC may allow further time for the completion of this sentence, on application of the YP (ss. 54(10)). |
Prohibition, seizure or forfeiture order,
para. 42(2)(j)
Explanatory Text
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The order must be one that may be imposed under any federal Act or regulation in relation to a conviction for that offence, except for section 161 CC. |
Requirements for the issuance and review of these orders (mandatory and discretionary) for firearms (where YP found guilty of an offence under s. 109 or 110 of the CC) set out in YCJA s. 51 |
Probation,
para. 42(2)(k)
Explanatory Text
Checklist |
YJC must specify the probation period. Maximum period of 2 years. |
This order may not be made if a conditional discharge under para. 42(2)(c) has been granted for the offence (ss. 42(11)).
Conditions of probation (mandatory and discretionary) are set out in ss. 55(1) and (2).
Requirements related to the issuance and enforcement of the order are set out in s. 56. |
Intensive support and supervision program,
para. 42(2)(l)
Explanatory Text
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YJC may only order YP into a program that has been approved by the provincial director and if the provincial director has determined that a program is available (s. 42(3)). |
This order may not be made if a conditional discharge under para. 42(2)(c) has been granted for the offence (s. 42(11)). Conditions of probation (mandatory and discretionary) are set out in ss. 55(1) and (2).
Requirements related to the implementation of the order are set out in s. 56. |
Attend a program offered in a non residential facility,
para. 42(2)(m)
Explanatory Text
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YJC may only order YP to attend a facility that has been approved by the provincial director and if the provincial director has determined that a program is available.
YJC may fix time and terms of attendance.
Maximum attendance of 240 hours over a maximum period of 6 months. |
This order may not be made if a conditional discharge under para. 42(2)(c) has been granted for the offence (ss. 42(11)). This order cannot be made unless the YJC is satisfied that the YP is a suitable candidate for the order and the order does not interfere with the YP's normal hours of work or education (ss. 54(7)). |
Custody and supervision order (other than for murder, attempted murder, manslaughter, aggravated sexual assault or IRCS order),
para. 42(2)(n)
Explanatory Text
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YJC states the period that will be served in custody and the period that will be served under supervision in the community subject to conditions. It is presumed that the custody period will be twice as long as the supervision period.
Maximum total of the periods is:
- 2 years; or
- 3 years, if the penalty for the offence is imprisonment for life.
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When making the order, the YJC must make a statement, set out in ss. 42(4), which states the:
- time periods for custody and for supervision;
- consequences of breaching a condition; and
- possibility of serving the entire sentence in custody;
- possibility that the periods of custody and supervision may change if YP becomes subject to another sentence.
Mandatory and discretionary conditions to be included in the supervision portion of the order by the provincial director (s. 97).
AG or provincial director may apply to the YJC to extend the length of time the young person will spend in custody. The extension may not exceed the remainder of the youth sentence (s. 98). |
Custody and supervision order (attempted murder, manslaughter, aggravated sexual assault),
para. 42(2)(o)
Explanatory Text
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YJC sets the time period that will be served in custody and the time period that will be served under supervision in the community subject to conditions. YJC determines the respective length of each portion (2/3 - 1/3 split is not presumed to apply).
Maximum total of these periods is 3 years. (The maximum penalty for these offences in the CC is imprisonment for life.) |
Mandatory and discretionary conditions to be included in the supervision portion of the order by the YJC (s. 105).
AG or provincial director may apply to the YJC to extend the length of time the young person will spend in custody. The extension may not exceed the remainder of the youth sentence (s. 104). |
Deferred custody and supervision order,
para. 42(2)(p)
Explanatory Text
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YJC must specify a time period for the order, not exceeding 6 months. |
Mandatory and optional conditions are set out in s. 105 for the YJC to include in the order.
The YJC may make this order if the YP is found guilty of an offence that is not a serious violent offence and if it is consistent with the principles of sentencing in s. 38 and the criteria for committal to custody in s. 39 (ss. 42(5)).
The YJC may include any of the mandatory and optional conditions set out in s. 54 that it considers appropriate. |
Custody and supervision for 1st or 2nd degree murder,
para. 42(2)(q)
Explanatory Text
Checklist |
1st Degree Murder
10 years maximum sentence comprised of a maximum custody period of 6 years and a period of conditional supervision in the community.
2nd Degree Murder
7 year maximum sentence comprised of a maximum custody period of 4 years and a period of conditional supervision in the community. |
AG or provincial director may apply to the YJC to extend the length of time the young person will spend in custody. The extension may not exceed the remainder of the youth sentence (s. 104).
At least one month before the expiry of the custodial portion of the sentence, the YJC sets conditions of the young person's conditional supervision (s. 105). |
Intensive rehabilitative custody and supervision order,
para. 42(2)(r)
Explanatory Text
Checklist |
YJC must specify the period:
- Maximum period is 2 years, unless if the penalty for the offence is imprisonment for life, the maximum period is 3 years, or
- 1st Degree Murder: maximum period is 10 years comprised of a maximum custody period of 6 years and a period of supervision in the community
- 2nd Degree Murder: The maximum period is 7 years comprised of a maximum custody period of 4 years and a period of supervision in the community
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The YJC may make this order only if
- the YP has been found guilty of a presumptive offence (para. 42(7)(a)),
- the YP is suffering from a mental illness or disorder, a psychological disorder or an emotional disturbance (para. 42(7)(b)),
- a plan of treatment and intensive supervision has been developed; there are reasonable grounds to believe that the plan might reduce the risk of the YP repeating the offence or committing other presumptive offences (para. 42(7)(c)), and
- the provincial director determines a program is available and agrees to the YP's participation (para. 42(7)(d)).
An application may be made to the YJC to extend the length of time the young person will spend in custody. The extension may not exceed the remainder of the youth sentence (s. 104).
At least one month before the expiry of the custodial portion of the sentence, the YJC sets conditions of the young person's conditional supervision (s. 105). |
Any other reasonable and ancillary conditions,
YCJA para. 42(2)(s) |
That the YJC considers advisable and in the best interests of the young person and the public |
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