YOUTH CRIMINAL JUSTICE ACT PROCEEDINGS (YCJA) - 2.2.2

YCJA records are NOT publicly accessible. Access to youth transcripts are prohibited to

everyone except designated persons under Section 119 of the Youth Criminal Justice Act AND

then only when the request is made within the legislated access period set out in s. 119(2) of the

YCJA. Access to youth transcripts produced under the POA should be dealt with in the same

manner as YCJA matters.


Unless a judicial officer ordered the transcript, the court manager or supervisor must approve the

preparation of the transcript. Requests for additional copies of these transcripts should also be referred to

the court manager or supervisor for approval. .


On request, persons designated under s. 119(1) of the YCJA shall be given access to youth justice court

transcripts, as long as the access periods have not expired. Access periods are set out in s. 119(2).

ACTs may access the YCJA Access chart on the Resources tab of the Authorized Court Transcriptionist

for Ontario website.


Where the ACT cannot determine whether the person is entitled to access the transcript they seek, the

ordering party should be directed to seek clarification from the Youth Justice Court by way of a Youth

Justice Court order.


Access Periods – Non-Disclosure Provisions:


It is an offence under s. 138(1) of the Youth Criminal Justice Act to provide access or to disclose the

records (including transcripts) without judicial authority after the time periods set out in s.119(2)(a) to (j) of

the YCJA have expired. Once the access period has expired, access is restricted to everyone except for

the young person. (No one, including the Crown can access the transcript after the access period has

expired, unless a court order has been obtained). The court, Review Board, police or government agency

may not use or disclose the records kept regarding a young person, unless a Youth Justice Court orders

otherwise under s. 123(1)

K
Kim is the author of this solution article.

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