R. v. A.A.B.

R. v. A.A.B.

Applying the open court principle and s.2(b) Charter presumption of access, and noting s.117 Y.C.J.A. treats records of a youth sentenced as an adult as adult records, the defence failed to meet the burden to show disclosure would subvert the ends of justice or materially harm rehabilitation; therefore the interim access ban was lifted and public/media access to the contested exhibits was permitted. Although Exhibits 8 and 10 were prepared for other proceedings and are records of another case, on the unique facts the court granted accredited media access to them under s.119(1)(s) because the exhibits are interrelated and a meaningful review required access.

Citation
2006 NSPC 16
Parties
Crown: R.; Accused (young Person Sentenced as Adult): A.A.B.; Intervener (media): Chronicle Herald Ltd.; Intervener (media): Canadian Broadcasting Corporation
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 April 2006
Procedural Posture
Criminal Sentencing and Access to Court Records / Post‑sentencing Application to Extend Publication/access Ban
Outcome
Interim access ban lifted; access to the specified exhibits permitted to media and public; accredited media granted access to Exhibits 8 and 10 under s.119(1)(s) despite those exhibits being records of another proceeding.
Legal Topics
Open Court Principle, Freedom of Expression (s.2(b) Charter), Publication/access Bans, Youth Criminal Justice Act Provisions on Records (s.110, S.117, S.119), Rehabilitation and Reintegration, Sentencing
Source Language
English
Criminal Law Youth Justice Constitutional Law (charter) Media Law Administrative/judicial Process Open Court Principle Freedom of Expression (s.2(b) Charter) Publication/access Bans +3 more

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Parties

R.

Crown

A.A.B.

Accused (young Person Sentenced as Adult)

Chronicle Herald Ltd.

Intervener (media)

Canadian Broadcasting Corporation

Intervener (media)

Procedural Posture

Criminal Sentencing and Access to Court Records / Post‑sentencing Application to Extend Publication/access Ban

Legal Issues

  1. 1 Whether records/exhibits filed at sentencing concerning a youth who received an adult sentence should remain accessible to media/public
  2. 2 Whether s.117 Y.C.J.A. removes youth protections and allows full public access
  3. 3 Whether disclosure would subvert the ends of justice or materially harm the youth's prospects for rehabilitation thereby justifying a restriction on access

Ratio Decidendi

Applying the open court principle and s.2(b) Charter presumption of access, and noting s.117 Y.C.J.A. treats records of a youth sentenced as an adult as adult records, the defence failed to meet the burden to show disclosure would subvert the ends of justice or materially harm rehabilitation; therefore the interim access ban was lifted and public/media access to the contested exhibits was permitted. Although Exhibits 8 and 10 were prepared for other proceedings and are records of another case, on the unique facts the court granted accredited media access to them under s.119(1)(s) because the exhibits are interrelated and a meaningful review required access.

Court Disposition

Interim access ban lifted; access to the specified exhibits permitted to media and public; accredited media granted access to Exhibits 8 and 10 under s.119(1)(s) despite those exhibits being records of another proceeding.

Orders

  • Interim ban on access lifted
  • Media and public permitted access to Exhibits Nos. 3, 4, 5, 8, 10 and 11 filed at the sentencing hearing