For “other” custody and supervision orders (those given under sections 42(2) (o), (q) or (r)), section 105 (2) stipulates mandatory conditions which the youth justice court must include in the order, while section 105 (3) lists a number of additional conditions upon which the court must decide that may also be included. The court has to decide on these conditions before the youth is released on supervision.
If there is reason to believe that a youth has breached or is about to breach a condition of supervision, what happens next depends on whether the youth received a “regular” custody and supervision order (section 42(2)(n)) or one of the “other” custody and supervision orders (sections 42(2)(o), (q) or (r)).
Under the “regular” custody and supervision order, the provincial director can let the youth continue under supervision in the community, either under the same conditions or under different conditions (section 102(1)(a)). If the breach is serious enough that it puts public safety at risk, the provincial director can return the youth to custody until a review can be done by the provincial director and then by a court, if necessary (section 102(1)(b), section 102(2) and sections 108 and 109).
If a youth breaches a condition of one of the “other” custody and supervision orders, the provincial director can put the youth back into custody until a review can be done by the provincial director and then by a court if necessary (sections 106, 108 and 109).
Each custody and supervision order includes the possibility that the youth will not be released for the community supervision part of the sentence. The crown prosecutor or the provincial director can ask the youth justice court to keep the youth in custody through all or some of the community supervision portion of the sentence (sections 98 and 104).
Under “regular” custody and supervision orders (section 42(2)(n)), the crown prosecutor or the provincial director can apply for continuation of custody if they can demonstrate that: