R. v. B., D.
The Court granted leave to the Canadian Foundation for Children Youth and the Law to intervene as a friend of the court, subject to explicit procedural conditions: no new evidence, permission to reference international treaties, specified page limits for filings, specified limits for oral argument, a Crown right to...
Source-derived case information.
- Citation
- C42923, M32810
- Parties
- Appellant: D.B. (a young person within the meaning of the Youth Criminal Justice Act); Respondent: Her Majesty the Queen; Intervenor: Canadian Foundation for Children Youth and the Law
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 18 August 2005
- Procedural Posture
- Criminal Youth / Leave to Intervene Granted in Chambers; Appeal Scheduled for Hearing on November 2 3, 2005
- Outcome
- Leave to intervene granted with conditions
- Legal Topics
- Intervention, Friend of the Court, Youth Criminal Justice Act, Convention on the Rights of the Child, Factum Filing Limits, Oral Argument Time Limits, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
D.B. (a young person within the meaning of the Youth Criminal Justice Act)
Appellant
Her Majesty the Queen
Respondent
Canadian Foundation for Children Youth and the Law
Intervenor
Procedural Posture
Criminal Youth / Leave to Intervene Granted in Chambers; Appeal Scheduled for Hearing on November 2 3, 2005
Legal Issues
- 1 Whether leave to intervene should be granted to the Canadian Foundation for Children Youth and the Law
- 2 Whether intervenor may introduce new evidence
- 3 Whether intervenor may rely on international treaties such as the Convention on the Rights of the Child
Ratio Decidendi
The Court granted leave to the Canadian Foundation for Children Youth and the Law to intervene as a friend of the court, subject to explicit procedural conditions: no new evidence, permission to reference international treaties, specified page limits for filings, specified limits for oral argument, a Crown right to a limited supplementary factum and additional oral time, the appeal to proceed as scheduled, and no costs against or to the intervenor.
Court Disposition
Leave to intervene granted with conditions
Orders
- Intervenor shall take the record as it exists and shall not introduce additional evidence.
- Restriction does not preclude reference to the Convention on the Rights of the Child and other international treaties ratified by Canada that may bear on the issue.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. B., D. Collection Decisions of the Court of Appeal Date 2005-08-18 Docket numbers C42923, M32810 Judges McMurtry, Roy Subject Criminal Decision Content DATE: 20050818 DOCKET: M32810 (C42923) COURT OF APPEAL FOR ONTARIO RE: D.B. (a young person within the meaning of the Youth Criminal Justice Act) – and – HER MAJESTY THE QUEEN BEFORE: McMurtry C.J.O. (In Chambers) COUNSEL: Mirriam Bloomenfeld for the appellant Dean Paquette for the respondent Cheryl Milne For the moving party/Intervenor HEARD: August 18, 2005 ENDORSEMENT [1] The Canadian Foundation for Children Youth and the Law is granted leave to intervene as a friend of the court on the following conditions: a) That it take the record as it exists and not seek to introduce additional evidence; b) That this restriction does not preclude reference to the Convention on the Rights of the Child and other international treaties ratified by Canada that may bear on the issue; c) That it may file a factum, not to exceed 20 pages in length, on or before September 16, 2005; d) That the Crown may file a supplementary factum, not to exceed 10 pages in length, to respond to any issues raised in the intervenor’s factum, on or before October 7, 2005; e) That the appeal will be heard on November 2 and 3, 2005 as originally scheduled; f) That the intervenor may make oral argument, not to exceed 30 minutes; g) That the Crown may have an additional 15 minutes oral argument, if necessary, to respond to the arguments of the intervenor; h) That intervenor will not seek costs and shall not be liable to costs. “R. Roy McMurtry C.J.O.”