🍁 civid v1

Purpose

Bill C-231 would amend the Youth Criminal Justice Act to expand and clarify opportunities for young people involved in the justice system to attend problematic substance use treatment or other treatment programs.

Youth Criminal Justice Act changes

• Police referrals: When a young person is alleged to have committed an offence under the specified provisions of the Controlled Drugs and Substances Act or Cannabis Act, a police officer would have to consider whether referral to a problematic substance use treatment program would be sufficient. The young person’s consent would be required.
• Extrajudicial sanctions: A sanction could require a young person to attend a problematic substance use treatment program or another treatment program.
• Delay before sentencing: After finding a young person guilty of any offence, a youth justice court could delay sentencing so the person can attend treatment. This would require the consent of both the Attorney General and the young person. The court would also have to take specified principles into account.
• Sentencing considerations: Before imposing a youth sentence, the court would have to consider the young person’s participation in a program attended during such a delay, along with other specified information.
• Non-residential programs: A youth sentence could include attendance at a provincially approved non-residential program, expressly including substance use or other treatment. The existing maximum stated in the provision is 240 hours over no more than six months.
• Other orders: The bill would add treatment attendance as a possible condition in specified orders, including an order for conditional supervision.

Coordinating amendment and timing

• If Bill C-16, the Protecting Victims Act, receives royal assent, a coordinating amendment would require prosecutors in the specified cases to consider whether a consensual referral to a problematic substance use treatment program would be sufficient. It would take effect when both the relevant C-16 provision and section 1 of this bill are in force.
• The rest of C-231 would come into force 30 days after royal assent.