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AR 297/88 RULES OF YOUTH COURT REGULATION

(no amdt)

ALBERTA REGULATION 297/88

Young Offenders Act (Canada)

RULES OF YOUTH COURT REGULATION

Table of Contents

                1       Definitions

                2       Seal

                3       Procedure not provided


                4       Non‑compliance

                5       Time

                6       Application

                7       Service

                8       Repeal

Schedule

Definitions

1   In this Regulation,

                                 (a)    “Act” means the Young Offenders Act (Canada);

                                 (b)    “clerk” means a clerk of the youth court;

                                 (c)    “court” means youth court as defined in the Act;

                                 (d)    “Rules” means the Rules of Youth Court Regulation.

Seal

2   The seal of the court shall be in the form of the seal of the Provincial Court of Alberta and shall state the following around the circumference:

                                          The Youth Division of The Provincial Court of Alberta

Procedure not provided

3(1)  In any matter not provided for by the Rules, the procedure of the court shall be regulated by analogy to the Rules, the Act and to the provisions of the Criminal Code (Canada) relating to summary convictions.

(2)  The court may, in accordance with subsection (1), give directions on procedure.

Non-compliance

4(1)  If there in non‑compliance with the Rules, the court may, on terms it considers proper, grant relief from the non‑compliance to secure a just determination of the matter.

(2)  No proceeding in court shall be defeated merely by reason of non‑compliance with the Rules.

Time

5   The court may, at any time, lengthen or abridge a period of time set out in the Rules or in an order of the court for the execution of a step in a proceeding.

Application

6(1)  Subject to the Act and the Rules, if notice of an application is required, notice may be given by a notice of application in Form 100 of the Schedule.

(2)  Subject to the Act, there shall be at least 5 clear days between service of the notice of application and the date set by the clerk for the hearing of the application.

(3)  Evidence at the hearing of an application may be given

                                 (a)    by affidavit,

                                 (b)    in the form of a transcript of the examination of a witness,

                                 (c)    orally, or

                                 (d)    in a manner directed by the court.

(4)  On adjudicating an application, if a form is not prescribed by the Act or the Rules, unless the court directs otherwise, the order shall be in writing and in Form 101 of the Schedule.

Service

7(1)  Subject to the Act or an order of the court, any document referred to in the Act, other than a summons, appearance notice or subpoena, may be served

                                 (a)    by delivering a copy personally to the person to be served,

                                 (b)    by leaving a copy of the document with a person apparently 18 years of age or more at the place where the person to whom it is directed resides,

                                 (c)    by leaving a copy of the document at the address for service shown on the latest document filed by the person to whom it is directed in the same or any other proceeding in the court,

                                 (d)    by sending a copy of the document by mail addressed to the person to whom it is directed,

                                 (e)    by delivering or sending by mail a copy of the document to the solicitor or person acting in the proceeding for the person to whom it is directed,

                                  (f)    by delivering or sending by mail a copy of the document to the person having the care and control of the person to whom it is directed,

                                 (g)    by delivering a copy of the document to a solicitor who accepts service, or

                                 (h)    in any manner directed by the court.

(2)  If a copy of a document has been mailed, service of the document, unless the contrary is shown, is deemed to be effected on the 7th day following the day it was mailed.

(3)  Notwithstanding that a document was served in accordance with subsection (1), the court may at any time order that a document be served by leaving a copy of the document with the person to whom it is directed.

(4)  If, on an application without notice, pursuant to a document that may be served under subsection (1), the court is satisfied that

                                 (a)    reasonable efforts have been made without success to serve the document,

                                 (b)    reasonable efforts to serve the document would not be successful, or

                                 (c)    if, having regard to the subject matter or the circumstances of the application, the court considers it in the interests of justice to hear the application without notice,

the court may, unless the Act provides otherwise, dispense with service.

Repeal

8   The Rules of Youth Court Regulation, Order in Council numbered O.C. 133/86, is repealed.


Schedule   

Form 100

In The Youth Division of The
Provincial Court of Alberta

Notice of Application

IN THE MATTER OF A.B., a young person
within the meaning of the
Young Offenders Act (Canada);

TO:                                                                                                                

TAKE NOTICE that an application will be made on behalf of (name of party)                                                                                 to the Youth Court at (address)                                                         on            , the         day of                                                   , 20     , at (time)              , or so soon thereafter as the application can be heard for an order that (state nature of order sought)                                                                                                                                    The grounds upon which this application is made are (state the grounds concisely)                                                                            In support of this application, there will be filed with the court (specify any affidavits or other documents to be filed)                                                                                                                                If you fail to appear and to speak to this application at the time and place set out above, an order may be made against you in your absence.

DATED this        day of              ,       )
20     , at              in the Province         )                                                      
of                                                            )                 clerk of the court        

Form 101

In The Youth Division of The
Provincial Court of Alberta

Order

IN THE MATTER OF A.B., a young person
within the meaning of the
Young Offenders Act (Canada);

ON the application of                                                                                 
                                                                                                                     
;

ON reading the (description of documents filed)                                  
                                                                                                                     
;

AND ON hearing the submissions on behalf of                                    
                                                                                                                      
.

THIS COURT ORDERS THAT:

DATED this        day of                   , 20     , at                                in the Province of                             .

                                                                                                                        

                                                                             Judge, clerk of the court

                                                                                or Justice of the Peace