R. v. M.A.C.

R. v. M.A.C.

A young person’s admission to a care facility does not excuse the statutory obligation to attend court; the staff person present lacked authority to represent the young person, and the court will adjourn and direct a parental-attendance order to the caseworker under s.27 YCJA to secure lawful attendance.

Citation
2018 NSPC 12
Parties
Crown/prosecution: Her Majesty the Queen; Young Person/accused: M.A.C.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
2 May 2018
Procedural Posture
Youth Criminal Case / Arraignment/adjournment (young Person Absent)
Outcome
Adjourned; parental-attendance order directed to caseworker under s.27 YCJA
Legal Topics
Delay in Youth Proceedings, Compulsory Appearance, Parental Attendance Order, Representation and Authority of State Staff, Risk of Custody Under YCJA
Source Language
English
Youth Criminal Justice Criminal Law Procedural Law Child Welfare Delay in Youth Proceedings Compulsory Appearance Parental Attendance Order Representation and Authority of State Staff +1 more

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Parties

Her Majesty the Queen

Crown/prosecution

M.A.C.

Young Person/accused

Procedural Posture

Youth Criminal Case / Arraignment/adjournment (young Person Absent)

Legal Issues

  1. 1 Whether admission to a state care facility excuses a young person from compulsory court appearance
  2. 2 Whether a staff person without representative authority can stand in for the young person
  3. 3 Whether delay caused by failure to produce a young person in care prejudices youth-justice objectives

Ratio Decidendi

A young person’s admission to a care facility does not excuse the statutory obligation to attend court; the staff person present lacked authority to represent the young person, and the court will adjourn and direct a parental-attendance order to the caseworker under s.27 YCJA to secure lawful attendance.

Court Disposition

Adjourned; parental-attendance order directed to caseworker under s.27 YCJA

Orders

  • Court adjourned the matter until next Wednesday at 1:30 p.m.
  • Directed that a parental-attendance order go to M.A.C.'s caseworker for that date in accordance with s.27 of the Youth Criminal Justice Act.