R. v. JTC

R. v. JTC

The court confirmed the Youth Court judge's decision to deny/revoke bail: this court lacked jurisdiction under s.520 to review the 2011 bail once that trial had commenced, and on a balance of probabilities the applicant presented a substantial likelihood of committing a serious offence if released on the 2012 charges; no combination of conditions or proposed responsible person would reduce that risk below substantial or maintain public confidence, therefore detention pending trial was justified under YCJA s.29(2)(b)(ii) and (iii).

Citation
2013 NSSC 318
Parties
Applicant/accused (youth): JTC; Respondent/crown: Her Majesty the Queen
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 October 2013
Procedural Posture
Bail Review (criminal Code S.520; Youth Criminal Justice Act) / Supreme Court Review of Youth Court Detention; Trial Pending
Outcome
Application for bail review in relation to the 2012 charges denied; Youth Court decision refusing bail and revoking bail confirmed; this Court lacks jurisdiction to review the 2011 bail revocation because the trial on those charges has commenced.
Legal Topics
Bail Review Under S.520, Jurisdictional Limits Once Trial Commences, Youth Bail Provisions (ycja Ss.28, 29, 31), Aggravated Sexual Assault, HIV Non‑disclosure and Consent, S.523/s.524 Bail Revocation Procedures
Source Language
English
Criminal Law Youth Justice Bail and Pre‑trial Detention Sexual Offences Public Protection Bail Review Under S.520 Jurisdictional Limits Once Trial Commences Youth Bail Provisions (ycja Ss.28,29,31) +3 more

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Parties

JTC

Applicant/accused (youth)

Her Majesty the Queen

Respondent/crown

Procedural Posture

Bail Review (criminal Code S.520; Youth Criminal Justice Act) / Supreme Court Review of Youth Court Detention; Trial Pending

Legal Issues

  1. 1 Whether this Court had jurisdiction under s.520 to review the 2011 bail revocation once trial had commenced
  2. 2 Whether there was a material change in circumstances warranting release on the 2012 charges
  3. 3 Whether any combination of conditions or placement with a responsible person would reduce the substantial risk to below the requisite level

Ratio Decidendi

The court confirmed the Youth Court judge's decision to deny/revoke bail: this court lacked jurisdiction under s.520 to review the 2011 bail once that trial had commenced, and on a balance of probabilities the applicant presented a substantial likelihood of committing a serious offence if released on the 2012 charges; no combination of conditions or proposed responsible person would reduce that risk below substantial or maintain public confidence, therefore detention pending trial was justified under YCJA s.29(2)(b)(ii) and (iii).

Court Disposition

Application for bail review in relation to the 2012 charges denied; Youth Court decision refusing bail and revoking bail confirmed; this Court lacks jurisdiction to review the 2011 bail revocation because the trial on those charges has commenced.

Orders

  • JTC to be detained pending completion of his trial or other lawful order from this or another Court; decision of Youth Court Judge Campbell denying bail/revoking bail confirmed