(b) where the youth court is satisfied on a balance of probabilities that the young person has partially complied with the terms and conditions of the alternative measures, the youth court may dismiss any charge against him if, in the opinion of the court, the prosecution of the charge would, having regard to the circumstances, be unfair, and the youth court may consider the young person's performance with respect to the alternative measures before making a disposition under this Act.
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Laying of information, etc.
(5) Subject to subsection (4), nothing in this section shall be construed to prevent any person from laying an information, obtaining the issue or confirmation of any process or proceeding with the prosecution of any offence in accordance with law.
1980-81-82-83, c. 110, s. 4.
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JURISDICTION.
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Exclusive jurisdiction of youth court.
5. (1) Notwithstanding any other Act of Parliament but subject to the National Defence Act and section 16, a youth court has exclusive jurisdiction in respect of any offence alleged to have been committed by a person while he was a young person and any such person shall be dealt with as provided in this Act.
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Period of limitation.
(2) No proceedings in respect of an offence shall be commenced under this Act after the expiration of the time limit set out in any other Act of Parliament or any regulation made thereunder for the institution of proceedings in respect of that offence.
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Proceedings continued when adult.
(3) Proceedings commenced under this Act against a young person may be continued, after he becomes an adult, in all respects as if he remained a young person.
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Powers of youth court judge.
(4) A youth court judge, for the purpose of carrying out the provisions of this Act, is a justice and a provincial court judge and has the jurisdiction and powers of a summary conviction court under the Criminal Code.
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Court of record.
(5) A youth court is a court of record.