(1) The purpose of this Act is to provide procedures for persons 12 years of age or older, but under 18 years of age, who violate or are alleged to have violated Territorial laws, and to recognize that the following special considerations apply in respect of proceedings against young persons:

(2) The following principles apply in this Act:

(3) This Act shall be liberally construed so as to ensure that young persons are dealt with in accordance with the purpose and principles set out in this section.

(1) The following principles, in addition to those set out in section 8, apply when considering whether to commence a proceeding against a young person under this Act:

(2) Extrajudicial measures should be designed to

(1) Before starting proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, a peace officer shall consider whether it would be sufficient, having regard to the principles set out in section 9, to

(2) The failure of a peace officer to consider the options set out in subsection (1) does not invalidate any subsequent proceedings or measures taken against the young person for the offence.

(1) An extrajudicial sanction may be used to deal with a young person alleged to have committed an offence only if the young person cannot be appropriately dealt with by the options referred to in subsection 10(1) because of the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances.

(2) An extrajudicial sanction may be used only if

(3) An extrajudicial sanction may not be used in respect of a young person who

(4) The use of an extrajudicial sanction in respect of a young person alleged to have committed an offence is not a bar to judicial proceedings under this Act, but if a charge is laid against the young person in respect of the offence, the youth justice court

(1) A young person has the right to retain and instruct counsel without delay, and to exercise that right personally, at any stage of proceedings against the young person, and before and during any consideration of whether extrajudicial sanctions should be used to deal with the young person instead of starting or continuing judicial proceedings under this Act.

(2) Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer or the officer in charge, as the case may be, of the right to retain and instruct counsel, and shall be given an opportunity to obtain counsel.

(3) A young person has the right to consult with an adult without delay on arrest or temporary detention if the young person is unable to obtain and instruct counsel.

(4) If a young person is not represented by counsel in a hearing or proceeding against the young person, the youth justice court before which or the justice before whom the hearing or proceeding is held shall advise the young person of the right to retain and instruct counsel, and shall give the young person a reasonable opportunity to obtain counsel.

(5) If a young person at a hearing or proceeding referred to in subsection (4) wishes to obtain counsel but is unable to do so, the youth justice court before which or the justice before whom the hearing or proceeding is held

(6) If a direction is made under paragraph (5)(b) in respect of a young person, the Minister shall appoint counsel, or cause counsel to be appointed, to represent the young person.

(7) If a young person is not represented by counsel at a hearing or proceeding against the young person, the justice before whom or the youth justice court before which the hearing or proceeding is held may, on the request of the young person, allow the young person to be assisted by a parent or another adult whom the justice or court considers to be suitable.

(8) If it appears to a youth justice court judge or a justice that the interests of a young person and the interests of a parent are in conflict or that it would be in the best interests of the young person to be represented by his or her own counsel, the judge or justice shall ensure that the young person is represented by counsel independent of the parent. SNWT 2017,c.20,s.15(3).

(1) Proceedings under this Act in respect of an offence committed or alleged to have been committed by a young person, other than appeals under section 20, 29, 53 or 54, shall be commenced in a youth justice court.

(2) A youth justice court has the powers of a summary conviction court and is a court of record.

(1) A youth justice court has the same power, jurisdiction and authority to deal with and impose punishment for contempt against the court as may be exercised by the Territorial Court.

(2) Where a youth justice court or any other court finds a young person guilty of contempt of court, it may impose a youth sentence ordering any one or more of the sanctions set out in subsection 35(2), but no other sentence.

(1) The youth justice court has exclusive jurisdiction in respect of every contempt of court committed by a young person against the youth justice court committed in the face of the youth justice court.

(2) The youth justice court has jurisdiction in respect of every contempt of court committed by an adult against the youth justice court in the face of the youth justice court, but nothing in this subsection affects the power, jurisdiction or authority of any other court to deal with or impose punishment for contempt of court.

(3) Section 708 of the Criminal Code applies in respect of proceedings under section 18 in the youth justice court against adults, with such modifications as the circumstances require.

(1) The Minister may establish one or more committees of citizens, to be known as youth justice committees, to assist in any aspect of the administration of this Act or in any programs or services for young persons.

(2) The functions of a youth justice committee may include the following:

(3) The Minister may appoint persons as members of a youth justice committee and, in so doing, may consider the recommendations of the appropriate council of a municipality or, in the case of an unincorporated community, the council of the community or the appropriate band council.

(4) Each youth justice committee is composed of such number of members as are appointed to it.

(5) Members of a youth justice committee shall be paid the honoraria that the Minister directs.

(6) The Minister shall specify the functions of a youth justice committee for the purposes of this section.

(1) A youth justice court judge, the Territorial director, a peace officer, a justice, a prosecutor or a youth worker may convene or cause to be convened a conference for the purpose of making a decision required to be made under this Act.

(2) The mandate of a conference may be, among other things, to give advice on appropriate extrajudicial measures, conditions for release or youth sentence, and to give advice on a review of a youth sentence.

(3) The Minister may establish rules for the convening and conducting of conferences other than conferences convened by a youth justice court judge or a justice.

(4) Where rules are established under subsection (3), a conference to which the rules apply shall be convened and conducted in accordance with those rules.

(1) A youth justice court judge or a justice shall not, as a substitute for appropriate child protection, mental health or social measures, detain a young person in custody prior to sentencing.

(2) In considering whether the detention of a young person is necessary for the protection or safety of the public under paragraph 515(10)(b) of the Criminal Code, a youth justice court judge or a justice shall presume that detention is not necessary under that section if the young person could not, on being found guilty, be committed to custody on the grounds set out in subsection 39(1).

(1) Subject to subsection (6), a young person who is arrested and detained prior to being sentenced, or who is detained in accordance with a warrant issued under subsection 48(3), shall be detained in a place of temporary detention.

(2) A young person who is detained in a place of temporary detention under subsection (1) may, in the course of being transferred from that place to the court or from the court to that place, be held under the supervision and control of a peace officer.

(3) A young person referred to in subsection (1) shall be held separate and apart from any adult who is detained or held in custody unless a youth justice court judge or a justice is satisfied that, having regard to the best interests of the young person,

(4) When a young person is detained under subsection (1), the youth justice court may, on application of the Territorial director made at any time after the young person attains 18 years of age, after giving the young person an opportunity to be heard, authorize the Territorial director to direct, notwithstanding subsection (3), that the young person be temporarily detained in a correctional facility for adults, if the court considers it to be in the best interest of the young person or in the public interest.

(5) The Territorial director or his or her delegate may, during the period of detention, transfer a young person who is detained under subsection (1) from one place of temporary detention to another.

(6) Subsections (1) and (3) do not apply in respect of any temporary restraint of a young person under the supervision and control of a peace officer after arrest, but a young person who is so restrained shall be transferred to a place of temporary detention as soon as is practicable, and in no case later than the first reasonable opportunity after the appearance of the young person before a youth justice court judge or a justice under section 503 of the Criminal Code.

(7) In this section, "peace officer" means a peace officer as defined in the Criminal Code. SNWT 2017,c.20,s.15(4).

(1) A young person who has been arrested may be placed in the care of a responsible person instead of being detained in custody if a youth justice court judge or a justice is satisfied that

(2) If a young person would, in the absence of a responsible person, be detained in custody, the youth justice court judge or the justice shall inquire as to the availability of a responsible person and whether the young person is willing to be placed in that person’s care.

(3) A young person shall not be placed in the care of a person under subsection (1) unless

(4) A young person, a person in whose care a young person has been placed or any other person may, by application in writing to a youth justice court judge or a justice, apply for an order under subsection (5) if

(5) When a youth justice court judge or a justice is satisfied that a young person should not remain in the custody of the person in whose care he or she has been placed under subsection (1), the youth justice court judge or justice shall

(6) If a young person is arrested in accordance with a warrant issued under paragraph (5)(b), the young person shall be taken before a youth justice court judge or a justice without delay and dealt with under this section and sections 23 to 25.

(1) If an order is made under section 515 of the Criminal Code in respect of a young person by a justice who is not a youth justice court judge, an application may, at any time after the order is made, be made to a youth justice court for the release from or detention in custody of the young person, as the case may be, and the youth justice court shall hear the matter as an original application.

(2) An application under subsection (1) for release from custody shall not be heard unless the young person has given the prosecutor at least two days’ notice in writing of the application.

(3) An application under subsection (1) for detention in custody shall not be heard unless the prosecutor has given the young person at least two days’ notice in writing of the application.

(4) The requirement for notice under subsection (2) or (3) may be waived by the prosecutor or by the young person or his or her counsel, as the case may be. SNWT 2017,c.19,s.50(2); SNWT 2022, c.4,s.32(2).

(1) Subject to subsection (5), if a young person is arrested and detained in custody pending an appearance before a justice or a youth justice court judge, the officer in charge at the time the young person is detained shall, as soon as is practicable, give or cause to be given to a parent of the young person a written or oral notice of the arrest stating the place of detention and the reason for the arrest.

(2) Subject to subsection (5), if a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or appearance notice or, if a young person is released on giving a promise to appear or entering into an undertaking or recognizance, the officer in charge at the time the young person is detained shall, as soon as practicable, give or cause to be given to a parent of the young person a written notice of the summons, appearance notice, promise to appear, undertaking or recognizance.

(3) Subject to subsection (5), a person who serves a ticket under the Summary Conviction Procedures Act on a young person, other than a ticket served for a contravention relating to parking a vehicle, shall, as soon as possible, give or cause to be given a written notice of the ticket to a parent of the young person.

(4) A notice given under this section must include the following:

(5) If the whereabouts of the parents of a young person are not known or if it appears that no parent is available, a notice under this section may be given to an adult relative of the young person who is known to the young person and is likely to assist the young person or, if no such adult relative is available, to any other adult who is known to the young person and is likely to assist the young person and whom the person giving the notice considers appropriate.

(6) If doubt exists as to the person to whom a notice under this section should be given, a youth justice court judge or, if a youth justice court judge is not reasonably available having regard to the circumstances, a justice may give directions as to the person to whom the notice is to be given, and a notice given in accordance with such directions is sufficient notice for the purpose of this section.

(7) A notice under this section given in writing may be served on a parent by

(8) Subject to subsections (9) and (10), failure to give a notice in accordance with this section does not affect the validity of proceedings under this Act.

(9) Failure to give a notice under subsection (2) in any case renders invalid any subsequent proceedings under this Act relating to the case, unless

(10) Where there has been a failure to give a notice under subsection (1) or (3) and none of the persons to whom the notice may be given attends court with the young person, a youth justice court judge or a justice before whom proceedings are held against the young person may

SNWT 2018,c.15,s.30(2).

(1) Subject to subsection (2), if a parent does not attend proceedings held before a youth justice court in respect of a young person, the youth justice court may, if in its opinion the presence of the parent is necessary or in the best interests of the young person, by order in writing require the parent to attend at any stage of the proceedings.

(2) Subsection (1) does not apply in proceedings commenced by the filing of a ticket under the Summary Conviction Procedures Act.

(3) A peace officer or a person designated by a youth justice court shall serve a copy of the order by delivering it personally to the parent to whom it is directed, unless the youth justice court authorizes service by other means.

(4) A parent who is ordered to attend a youth justice court under subsection (1) and who fails to comply with the order without reasonable excuse, the proof of which lies on the parent, is guilty of contempt in the face of the youth justice court punishable on summary conviction.

(5) If a parent who is ordered to attend a youth justice court under subsection (1) does not attend when required by the order or fails to remain in attendance as required and if it is proved that a copy of the order was served on the parent, the youth justice court may issue a warrant to compel the attendance of the parent.

(6) Section 10 of the Criminal Code applies if a parent is convicted of contempt of court under subsection (4).

(1) A young person against whom an information is laid must first appear before a youth justice court judge or a justice, and the youth justice court judge or justice shall

(2) A young person may waive the requirements of subsection (1) if he or she is represented by counsel and counsel advises the court that the young person has been informed of that provision.

(3) If a young person is not represented by counsel, the youth justice court shall, before accepting a plea,

(4) If the youth justice court is not satisfied that a young person understands the charge, the court shall enter a plea of not guilty on behalf of the young person and proceed with the trial in accordance with subsection 31(2).

(1) If a young person pleads guilty to an offence and the youth justice court is satisfied that the facts support a finding of guilt, the youth justice court shall find the young person guilty of the offence.

(2) If a young person pleads not guilty to an offence, the youth justice court shall proceed with the trial and shall, after considering the matter, find the young person guilty or not guilty or make an order dismissing the charge.

(3) If a young person pleads guilty to an offence but the youth justice court is not satisfied that the facts support a finding of guilt, the youth justice court shall proceed with the trial and shall, after considering the matter, find the young person guilty or not guilty or make an order dismissing the charge.

(1) The purpose of sentencing under section 35 is to hold a young person accountable for an offence through the imposition of just sanctions that have meaningful consequences for the young person and that promote his or her rehabilitation, thereby contributing to the long-term protection of the public.

(2) A youth justice court that imposes a youth sentence on a young person shall determine the sentence in accordance with the principles set out in subsection 8(2) and the following principles:

(3) In determining a youth sentence, the youth justice court shall take into account

(1) A youth justice court that finds a young person guilty of an offence may order a pre-sentence report.

(2) A pre-sentence report may, with leave of the youth justice court, be submitted orally in court.

(3) A pre-sentence report shall form part of the record of the case in respect of which it was requested.

(4) If a pre-sentence report made in respect of a young person is submitted to a youth justice court in writing, the youth justice court

(5) If a pre-sentence report made in respect of a young person is submitted to a youth justice court, the young person, his or her counsel or an adult assisting the young person under subsection 14(7) and the prosecutor shall, on application to the youth justice court, be given the opportunity to cross-examine the person who made the report.

(6) If a pre-sentence report made in respect of a young person is submitted to a youth justice court, the youth justice court

(7) A Territorial director who submits a pre- sentence report made in respect of a young person to a youth justice court may make all or part of the report available to any person in whose custody or under whose supervision the young person is placed, or to any other person who is directly assisting in the care or treatment of the young person.

(1) Subject to subsection (3), where a youth justice court finds a young person guilty of an offence, the penalty in the Territorial law does not apply.

(2) Subject to subsection (3), where a youth justice court finds a young person guilty of an offence and is imposing a youth sentence, the youth justice court shall consider any pre-sentence report prepared under section 34 or subsection 39(6), any representations made by the parties to the proceedings or their counsel or agents and by the parents of the young person and any other relevant information before the youth justice court, and shall then impose any one or more of the following sanctions:

(3) Subsections (1) and (2) do not apply in respect of an offence for which a ticket summons has been issued and a penalty paid out of court under section 11 of the Summary Conviction Procedures Act.

(4) A youth sentence or any sanction that is part of a youth sentence comes into force on the date on which it is made or on such later date as the youth justice court specifies.

(5) No youth sentence made under this section may continue in force for more than one year and, where the youth justice court orders more than one sanction at the same time in respect of the same offence, the combined duration of the sanctions must not exceed one year.

(6) Where more than one youth sentence is made under this section in respect of a young person with respect to different offences, the continuous combined duration of the youth sentences must not exceed one year.

(7) A youth sentence made under this section continues in effect in accordance with its terms, notwithstanding that the person against whom it is made is or becomes 18 years of age or older.

(8) When a youth justice court makes a youth sentence under this section, it shall state its reasons in the record of the case and shall

to the young person in respect of whom the youth sentence has been made, his or her counsel, his or her parents, the prosecutor and, where the Territorial director has an interest in the youth sentence, the Territorial director.

(1) Part XXIII of the Criminal Code does not apply in respect of proceedings under this Act except for paragraph 718.2(e) and subsection 730(2), which provisions apply with any modifications that the circumstances require.

(2) Section 787 of the Criminal Code does not apply in respect of proceedings under this Act.

(1) A youth justice court shall, in imposing a fine on a young person or in making an order against a young person for compensation or restitution, have regard for the present and future means of the young person to pay.

(2) A young person upon whom a fine is imposed may discharge the fine in whole or in part by earning credits for work performed in a fine option program established under the Fine Option Act or the regulations under that Act, if such a program has been established.

(3) In considering whether to make an order for compensation or restitution, the youth justice court may consider any representations made by the person who would be compensated or to whom restitution would be made.

(4) Where the youth justice court makes an order for compensation or restitution, it shall cause notice of the terms of the order to be given to the person who is to be compensated or to whom restitution is to be made.

(5) No order may be made for performance of personal or community services by a young person unless the youth justice court is satisfied that

(6) No order may be made for performance of personal services or community services unless such services can be completed in 100 hours or less and within six months after the date of the order.

(7) No order may be made for personal services unless the youth justice court is satisfied that the person or organization for whom the personal services are to be performed has agreed to the services.

(1) A youth justice court shall not commit a young person to custody under paragraph 35(2)(j) unless the young person has demonstrated a failure to comply with non-custodial youth sentences and

(2) A youth justice court shall not impose a custodial youth sentence under paragraph 35(2)(j) unless the court has considered all alternatives to custody that are reasonable in the circumstances and has determined that there is no reasonable alternative to custody.

(3) In determining whether there is a reasonable alternative to custody, a youth justice court shall consider

(4) The previous imposition of a particular non- custodial sentence on a young person does not preclude a youth justice court from imposing the same or any other non-custodial sentence for another offence.

(5) A youth justice court shall not use custody as a substitute for appropriate child protection, mental health or social measures.

(6) Before imposing a custodial youth sentence, a youth justice court shall consider a pre-sentence report unless, with the consent of the prosecutor and the young person or the young person’s counsel, the court is satisfied that the report is not necessary.

(7) Where the youth justice court imposes a youth sentence that includes a custodial sanction, the court shall state the reasons why it has determined that a non-custodial youth sentence is not adequate.

(1) The Territorial director or his or her delegate may transfer a young person who is committed to custody from one youth custody facility to another.

(2) Where a young person is transferred from one youth custody facility to another under subsection (1), the Territorial director or his or her delegate shall give written notice of the transfer to a parent and the spouse of the young person.

(1) A young person who is committed to custody under this Act is deemed to be committed to continuous custody unless the youth justice court specifies otherwise.

(2) If a youth sentence does not exceed 90 days, the youth justice court may order that the custodial portion of the sentence be served intermittently if it is consistent with the purpose and principles set out in section 33.

(3) Before making an order of committal to intermittent custody, the youth justice court shall require the prosecutor to make available to the youth justice court, for its consideration, a report of the Territorial director or his or her delegate as to the availability of a youth custody facility in which an order of intermittent custody may be enforced and, if the report discloses that no such youth custody facility is available, the youth justice court shall not make such an order.

(1) If a young person is committed to custody under this Act the youth justice court may, on application of the Territorial director or his or her delegate made at any time after the young person attains 18 years of age, and after giving the young person, the Territorial director or his or her delegate and representatives of the correctional system an opportunity to be heard, authorize the Territorial director or his or her delegate to direct that the young person serve his or her youth sentence or the remaining portion of it in a correctional centre for adults, if the youth justice court considers it to be in the best interests of the young person or in the public interest, but in any such event this Act shall continue to apply in respect of that person.

(2) If the youth justice court authorizes, under subsection (1), the Territorial director or his or her delegate to direct that the young person serve his or her youth sentence or the remaining portion of it in a correctional centre for adults, the Territorial director or his or her delegate shall give written notice of the transfer to a parent and the spouse of the young person.

(3) Where a young person is committed to custody under this Act and is concurrently under sentence of imprisonment imposed by a court other than a youth justice court, the Territorial director or his or her delegate may direct that the person serve his or her youth sentence and the sentence of imprisonment, or any portion of them, in a correctional centre for adults or in a youth custody facility. SNWT 2017,c.20,s.15(4).

(1) The Territorial director may, subject to any terms or conditions that he or she considers appropriate, authorize a young person committed to custody under this Act to be

(2) A temporary release under paragraph (1)(a) may be renewed by the Territorial director for one or more 30 day periods on reassessment of the case.

(3) The Territorial director may, at any time, revoke an authorization made under subsection (1).

(4) Where the Territorial director revokes an authorization for a young person to be released from custody or where a young person fails to comply with any term or condition of the release from custody under this section, the young person may be arrested without warrant.

(1) In this section,

"Attorney General" means the Attorney General as defined in subsection 2(1) of the federal Act; (procureur général)

"youth sentence" includes a disposition made under the former Act. (peine spécifique)

(2) If a youth sentence has been made in respect of a young person and the young person or a parent with whom the young person resides is or becomes a resident of a reciprocating jurisdiction, a youth justice court judge in the Northwest Territories may, on the application of the Minister, or the young person or his or her parent with the consent of the Minister, transfer the youth sentence and the appropriate portion of the record to the Attorney General in the reciprocating jurisdiction.

(3) No youth sentence may be transferred from the Northwest Territories to a reciprocating jurisdiction under subsection (2) until the time for an appeal against the youth sentence or the finding on which the youth sentence was based has expired or until all proceedings in respect of an appeal, if taken, have been completed or the appeal has been abandoned.

(4) Where an application is made under subsection (2) to transfer the youth sentence of a young person to a reciprocating jurisdiction in which the young person is an adult, a youth justice court judge may, with the consent of the Minister, transfer the youth sentence and the record of the case to the youth justice court in the reciprocating jurisdiction to which the transfer is sought, and the youth justice court to which the case is transferred shall have full jurisdiction in respect of the youth sentence as if that youth justice court had made the youth sentence, and the person shall be further dealt with in accordance with the laws of that jurisdiction.

(5) When a youth sentence has been made against a young person by a youth justice court in a reciprocating jurisdiction and a certified copy of the youth sentence has been transmitted by the proper officer of the reciprocating jurisdiction to the Minister, the Minister shall send the certified copy of the youth sentence for registration to the proper officer of the youth justice court and on its receipt the order shall be registered.

(6) A youth sentence registered under subsection (5) has, from the date of its registration, the same force and effect as, and subject to this Act, all proceedings may be taken on it as if it had been, a youth sentence originally obtained in the youth justice court in which it is so registered, and the youth justice court has power to enforce, review and vary the youth sentence accordingly.

(7) If the Commissioner, on the recommendation of the Minister, is satisfied that reciprocal provisions are made or will be made by a jurisdiction for the enforcement of youth sentences made in the Northwest Territories, the Commissioner may, by order, declare that jurisdiction to be a reciprocating jurisdiction for the purposes of this Act.

(1) Where a young person is committed to custody under this Act, the Territorial director

cause the young person to be brought before a youth justice court for a review of the youth sentence on any of the grounds set out in subsection (4), once, at any time after 30 days after the date on which the youth sentence comes into force.

(2) The young person may be brought before the youth justice court at any other time, with leave of the youth justice court judge.

(3) If a youth justice court is satisfied that there are grounds for review under subsection (4), the court shall review the youth sentence.

(4) A custodial youth sentence imposed in respect of a young person may be reviewed under subsection (3)

(5) When the Territorial director is required under subsection (1) to cause a young person to be brought before the youth justice court and fails to do so, the youth justice court may, on its own motion or on application made by the young person, his or her parent or a prosecutor, order the Territorial director to cause the young person to be brought before the youth justice court.

(6) When a youth justice court reviews, under this section, a custodial youth sentence imposed in respect of a young person it may, after giving the young person, a parent of the young person, the prosecutor and the Territorial director an opportunity to be heard, and having regard to the needs of the young person and the interests of society,

(1) Where a youth justice court has imposed a youth sentence that does not include a committal to custody in respect of a young person, the court shall, on the application of the young person, a parent of the young person, a prosecutor or the Territorial director, made at least 60 days after the date the youth sentence was imposed or, with leave of a youth justice court judge, at any earlier time, review the youth sentence if the court is satisfied that there are grounds for a review under subsection (2).

(2) A non-custodial youth sentence may be reviewed under this section

(3) The youth justice court may, by summons or warrant, compel a young person in respect of whom a review is to be made under this section to appear before the youth justice court for the purpose of the review.

(4) When a youth justice court reviews under this section a non-custodial youth sentence imposed in respect of a young person, it may, after giving the young person, a parent of the young person, the prosecutor and the Territorial director an opportunity to be heard,

(5) Subject to subsection (6), when a youth sentence imposed in respect of a young person is reviewed under this section, no youth sentence imposed under subsection (4) shall, without the consent of the young person, be more onerous than the remainder of the youth sentence reviewed.

(6) A youth justice court may, under this section, extend the time within which a non-custodial youth sentence is to be complied with by a young person if the court is satisfied that the young person requires more time to comply with the youth sentence, but in no case shall the extension be for a period of time that expires more than six months after the date the youth sentence would otherwise have expired.

(1) When a review of a youth sentence imposed in respect of a young person is requested under subsection 47(1) or 48(1), the person requesting the review shall give, in writing, at least five days’ notice of the review to the young person, a parent of the young person and the prosecutor.

(2) A notice given to a parent under subsection (1) shall include a statement that the young person whose youth sentence is to be reviewed has the right to be represented by counsel.

(3) A notice under subsection (1) may be served on any of the persons entitled to notice by

(3.1) Receipt of service is deemed to occur

(4) Any of the persons entitled to notice under subsection (1) may waive the right to notice.

(5) If notice under subsection (1) is not given in accordance with this section, the youth justice court may

SNWT 2017,c.19,s.50(3); SNWT 2018,c.15, s.30(3); SNWT 2022,c.4,s.32(3).

(1) The youth justice court may, before reviewing a youth sentence under section 48, and shall, before reviewing a youth sentence under section 47, require the Territorial director to cause to be prepared, and to submit to the youth justice court, a progress report on the performance of the young person since the youth sentence took effect.

(2) A person preparing a progress report in respect of a young person may include in the report any information relating to the personal and family history and present environment of the young person that he or she considers advisable.

(3) Subsections 34(2) to (7) apply, with any modifications that the circumstances require, in respect of progress reports.

(1) In this section, "youth sentence" includes a disposition made under the former Act.

(2) A prosecutor, the Territorial director or his or her delegate may lay an information alleging that an informant, on reasonable and probable grounds, believes that a young person has wilfully failed or refused to comply with a youth sentence or with any sanction, term or condition that is part of a youth sentence.

(3) Where an information has been laid under subsection (2) and an application of the informant is made within six months after or at any time before the expiration of the youth sentence the youth justice court shall, by summons or warrant, require the young person to appear before the youth justice court and shall review the youth sentence.

(4) Wilful failure or refusal to comply with a youth sentence is grounds for review.

(5) Section 50 applies, with such modifications as the circumstances require, in respect of a review made under this section.

(6) Where the Territorial director or delegate of the Territorial director applies for a review of a youth sentence under subsection (3), he or she shall cause such notice as may be directed by rules of court applicable to the youth justice court or, in the absence of such direction, at least five days’ notice of the review to be given, in writing, to a parent of the young person in respect of whom the youth sentence was made and to the prosecutor.

(7) Where a prosecutor applies for a review of a youth sentence under subsection (3), the prosecutor shall cause such notice as may be directed by rules of court applicable to the youth justice court or, in the absence of such direction, at least five days’ notice of the review to be given, in writing, to a parent of the young person in respect of whom the youth sentence was made and to the Territorial director.

(8) Section 49 applies, with such modifications as the circumstances require, in respect of notices given under subsection (6) or (7).

(9) Where the youth justice court reviews, under this section, a youth sentence imposed in respect of a young person, it may, subject to subsection (10) and after affording the young person, his or her parents, the prosecutor and the Territorial director or his or her delegate an opportunity to be heard, and if it is satisfied beyond a reasonable doubt that the young person has wilfully failed or refused to comply with the youth sentence, vary the youth sentence or make any new youth sentence listed in subsection 35(2) that the youth justice court considers appropriate.

(10) No youth sentence may be made under this section committing a young person to custody

(11) Notwithstanding any other provision of this Act, where a young person is committed to custody under this section the youth justice court may order that the performance of any other youth sentence made in respect of the young person be postponed until the expiration of the period of custody.

(12) A review under this section of a youth sentence imposed under this Act shall proceed in a youth justice court, notwithstanding that the person against whom the youth sentence was imposed is or becomes 18 years of age or older. SNWT 2017, c.19,s.50(3); SNWT 2022,c.4,s.32(3).

(1) Subject to subsection (2), an appeal lies under this Act in accordance with Part XXVII of the Criminal Code, which Part applies with any modifications that the circumstances require.

(2) No appeal lies from a youth sentence imposed on a review under section 47 or 48.

(3) Notwithstanding any other provision of this Act, no review of a youth sentence in respect of which an appeal has been taken shall be made until all proceedings in respect of any such appeal have been completed or the appeal has been abandoned.

(1) The Minister shall appoint a Territorial director to perform, either generally or in a specific case specified in the appointment, the duties and functions of the Territorial director under this Act.

(2) The Territorial director appointed under subsection (1) is designated as the provincial director for the Northwest Territories for the purposes of the federal Act.

(3) The Territorial director may, in writing, authorize any person to exercise the powers or perform the duties or functions of the Territorial director under this Act, in which case the powers, duties or functions are deemed to have been exercised or performed by the Territorial director.

(1) In this section, "youth sentence" includes a disposition made under the former Act.

(2) Every person who

is guilty of an offence punishable on summary conviction.

(1) Subject to this section, 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 as a young person dealt with under this Act.

(2) Subsection (1) does not apply in a case where the publication of information 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.

(3) A young person referred to in subsection (1) may, after he or she attains 18 years of age, publish or cause to be published information that would identify him or her as having been dealt with under this Act or the former Act, provided that he or she is not in custody under either Act at the time of the publication.

(4) The youth justice court may, on the application of a young person referred to in subsection (1), make an order permitting the young person to publish information that would identify him or her as having been dealt with under this Act or the former Act, if the court is satisfied that the publication would not be contrary to the young person’s best interest or the public interest. SNWT 2017, c.20,s.15(4).

(1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person.

(2) Information that would serve to identify a child or young person referred to in subsection (1) as having been a victim or a witness may be published, or caused to be published, by

(3) The youth justice court may, on the application of a child or a young person referred to in subsection (1), make an order permitting the child or young person to publish information that would identify him or her as having been a victim or a witness if the youth justice court is satisfied that the publication would not be contrary to his or her best interest or the public interest. SNWT 2017, c.20,s.15(4).

(1) A department or an agency of the Government of the Northwest Territories, a board created under an enactment of the Northwest Territories, or an organization that is an agent of, or that is under contract with, the department, agency or board may keep records containing information obtained by the department, agency board or organization

(2) A person or an organization may keep records containing information obtained by the person or organization

(1) Except as authorized or required by this Act, no person shall be given access to a record kept under sections 64 to 66, and no information contained in the record may be given to any person, if doing so would identify the young person to whom it relates as a young person dealt with under this Act.

(2) No person who is employed in keeping or maintaining records referred to in subsection (1) is restricted from doing anything prohibited under subsection (1) with respect to any other person so employed.

(1) Subject to subsections (4) to (6), from the date that a record is created until the end of the applicable period set out in subsection (2), the following persons shall on request be given access to a record kept under section 64, and may be given access to a record kept under sections 65 and 66:

(2) The period of access referred to in subsection (1) is

(3) Prohibition orders made under an enactment of the Northwest Territories, including any order made under paragraph 35(2)(i), shall not be taken into account in calculating any period under subsection (2).

(4) Access to a record kept under section 64 or 65 in respect of extrajudicial measures, other than extrajudicial sanctions, used in respect of a young person shall be given only to the following persons for the following purposes:

(5) Nothing in paragraph 1(h) or (o) authorizes the introduction into evidence of any record that would not otherwise be admissible in evidence.

(6) When access to a record is given to a person under subparagraph (1)(q)(i), the person may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates.

(7) Notwithstanding anything in this Act, where a young person is found guilty of an offence that results in a prohibition order being made, and the order is still in force at the end of the applicable period for which access to a record kept in respect of the order may be given under subsection (2), the record referred to in section 64 may be disclosed only to establish the existence of the order in any offence involving a breach of the order.

(1) A youth justice court judge may, on application by a person after the end of the applicable period set out in subsection 68(2), order that the person be given access to a record kept under sections 64 to 66 or that a copy of the record or part be given to that person,

(2) Paragraph (1)(a) applies in respect of a record relating to a particular young person or to a class of young persons only if

(3) Subject to subsection (4), an application for an order under paragraph (1)(a) in respect of a record shall not be heard unless

(4) A youth justice court judge may waive the requirement in paragraph (3)(a) to give notice to a young person if the youth justice court judge is of the opinion that

(5) A youth justice court judge who makes an order under subsection (1) shall specify in the order the purposes for which the record may be used.

(6) A person who is given access to a record under paragraph (1)(b) may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates.

(1) A peace officer may disclose to any person any information in a record kept under section 64 or 65 that it is necessary to disclose in the conduct of the investigation of an offence.

(2) A prosecutor may, in the course of a proceeding under this Act or any other Territorial law, disclose to the following persons the following information in a record kept under section 64 or 65:

(3) A peace officer may disclose to an insurance company information in a record that is kept under section 64 or 65 for the purpose of investigating a claim arising out of an offence committed or alleged to have been committed by the young person to whom the record relates.

(4) The Territorial director or his or her delegate or a youth worker may disclose information contained in a record if the disclosure is necessary to obtain information that relates to the preparation of a report required by this Act.

(5) Subject to subsection (7), the Territorial director or his or her delegate, a youth worker, the Minister, a peace officer or any other person engaged in the provision of services to young persons may disclose to any professional or other person engaged in the supervision or care of a young person, including a representative of any school board or school or any other educational or training institution, any information contained in a record kept under sections 64 to 66 if the disclosure is necessary

(6) A person to whom information is disclosed under subsection (5) shall

(7) No information may be disclosed under this section after the end of the applicable period set out in subsection 68(2).

(1) The youth justice court may, on the application of the Territorial director, the Minister, a prosecutor or a peace officer, make an order permitting the applicant to disclose to the person or persons specified by the youth justice court any information about a young person that is specified, if the court is satisfied that the disclosure is necessary having regard to the following circumstances:

(2) Subject to subsection (3), before making an order under subsection (1), the youth justice court shall give the young person, his or her parent and the applicant an opportunity to be heard.

(3) An application under subsection (1) may be made ex parte if the youth justice court is satisfied that reasonable efforts have been made to locate the young person but have not been successful.

(4) No information may be disclosed under subsection (1) after the end of the applicable period set out in subsection 68(2).

(1) Subject to sections 70 and 71, after the end of the applicable period set out in section 68, no record kept under sections 64 to 66 may be used for any purpose that would identify the young person to whom the record relates as a young person dealt with under this Act or the former Act.

(2) Subject to paragraph 72(6)(c), any record kept under sections 64 to 66 may, in the discretion of the person or body keeping the record, be destroyed at any time before or after the end of the applicable period set out in section 68.

(1) Every person who contravenes subsection 61(1) or 62(1) or section 75 of this Act, or section 59, 71, 72 or 73 of the former Act, is guilty of an offence punishable on summary conviction.

(2) Proceedings under this section against a person who is not a young person shall be commenced in ordinary court.

(1) Subject to subsection (2), if a youth justice court judge is of the opinion that

the youth justice court judge may exclude any person from all or part of the proceedings if the court deems that the presence of the person is unnecessary to the conduct of the proceedings.

(2) A youth justice court judge may not, under subsection (1), exclude from proceedings under this Act

(3) The youth justice court may, after it has found a young person guilty of an offence or during a review of a youth sentence under section 47, 48 or 51, and in its discretion, exclude from the court any person other than

when any information is being presented to the youth justice court the knowledge of which might, in the opinion of the youth justice court, be seriously injurious or seriously prejudicial to the young person.

(1) Subject to section 29 of the Evidence Act and section 12 of the Canada Evidence Act, where a young person is found guilty of an offence, and

the young person shall be deemed not to have been found guilty or convicted of the offence except that

(2) For greater certainty and without restricting the generality of subsection (1), a reprimand under paragraph 35(2)(a), an absolute discharge under paragraph 35(2)(b) or the termination of all youth sentences in respect of an offence for which a young person is found guilty removes any disqualification in respect of the offence to which the young person is subject pursuant to any Act by reason of a conviction.

(3) A finding of guilt under this Act is not a previous conviction for the purposes of any offence under any Act for which a greater punishment is imposed by reason of previous convictions.

(4) Where a finding of guilt for an offence has lapsed by virtue of this section, the person who was found guilty of the offence is not required to

(5) Where this section conflicts with any Territorial law with respect to the effect of a finding of guilt, this section prevails.

(1) The Minister may appoint youth workers to perform, either generally or in a specific case specified in the appointment, the duties and functions of a youth worker under this Act.

(2) The duties and functions of a youth worker, in respect of a young person whose case has been assigned to the youth worker by the Territorial director, include

(1) The Commissioner may, with the approval of the Executive Council, enter into an agreement with the Government of Canada providing for payments by Canada to the Government of the Northwest Territories in respect of costs incurred by the Government of the Northwest Territories for care of and services provided to young persons dealt with under this Act.

(2) The Minister may enter into agreements with any province or territory, or with any social agency, society, community group or individual, for the carrying out of the provisions of this Act or the federal Act.

(1) The Minister may make regulations

(1) Any court established or designated as a youth court for the purposes of the former Act is deemed, on the coming into force of this section, to have been designated as a youth justice court for the purposes of this Act.

(2) Any person appointed as a youth court judge for the purposes of the former Act is deemed, on the coming into force of this section, to have been appointed as a youth justice court judge for the purposes of this Act.

(3) Any person, group or class of persons or body appointed to be a territorial director for the purposes of the former Act is deemed, on the coming into force of this section, to have been appointed as the Territorial director for the purposes of this Act.

(4) Any person appointed to be a youth worker for the purposes of the former Act is deemed, on the coming into force of this section, to have been appointed as a youth worker for the purposes of this Act.

(5) Any youth justice committee established for the purposes of the former Act is deemed, on the coming into force of this section, to have been established as a youth justice committee for the purposes of this Act.

(6) Any program of alternative measures authorized for the purposes of the former Act is deemed, on the coming into force of this section, to be a program of extrajudicial sanctions authorized for the purposes of this Act.

(7) Any place, facility or class of places or facilities that was designated as a place, facility or class of places or facilities suitable for open custody for the purposes of the former Act is deemed, on the coming into force of this section, to have been designated as a youth custody facility for the purposes of this Act.

(8) Any jurisdiction declared, by order of the Commissioner, to be a reciprocating jurisdiction under section 33 of the former Act is deemed, on the coming into force of this section, to have been declared a reciprocating jurisdiction for the purposes of this Act.

(9) If the Commissioner makes, before or after the coming into force of this section, an order under section 88 of the federal Act that the power to make determinations of the level of custody for young persons and to review those determinations shall be exercised in accordance with the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the designation of any place as a place of open custody for the purposes of that Act remains in force for the purposes of this Act, subject to revocation or amendment of the designation.

(1) A person referred to in section 84 who is found guilty of an offence, other than a person convicted of an offence in ordinary court as defined in subsection 1(1) of the former Act, shall be sentenced under this Act, and the provisions of this Act applicable to sentences imposed under section 35 apply in respect of the sentence.

(2) Where a young person is to be sentenced under this Act while subject to a disposition under paragraph 20(j) of the former Act, a youth justice court shall, on the application of the prosecutor or the young person and unless to do so would bring the administration of justice into disrepute, order that the remaining portion of the disposition made under that Act be dealt with, for all purposes under this or any other enactment, as if it had been a youth sentence imposed under paragraph 35(2)(j) of this Act.

(3) For greater certainty, for the purpose of determining when the youth sentence is reviewed under section 47, the relevant date is the one on which the disposition came into force under the former Act.

(6) and by substituting "Territorial director"; and

(1) If Bill 5, introduced during the sixth session of the fourteenth Legislative Assembly and entitled An Act to Amend the Motor Vehicles Act, is assented to, then on the day on which this Act comes into force, subparagraph 119(a)(ii) of that Act, as set out in clause 18 of that Bill, is amended by striking out "Young Offenders Act" and by substituting "Youth Justice Act".

(2) The following provisions of the Motor Vehicles Act are amended by striking out "Young Offenders Act" wherever it appears and by substituting "Youth Justice Act":