F.N. (Re)

F.N. (Re)

The Youth Court docket constitutes a record linking a young person to charges or proceedings and its routine distribution to school boards violated the Young Offenders Act; the practice was not authorized under ss.40-46 because there was no judicial authorization and distribution was not limited to the responsible board nor tied to administration of justice, nor was it authorized under s.38 exceptions (1.1 or 1.13), so the impugned practice must be prohibited.

Citation
2000 SCC 35
Parties
Appellant: F.N.; First Respondent: Her Majesty The Queen; Second Respondent: Roman Catholic School Board for St. John’s; Third Respondent: Avalon Consolidated School Board; Intervener: Canadian Foundation for Children, Youth and the Law
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 July 2000
Procedural Posture
Criminal (young Offenders Act) / Appeal to the Supreme Court of Canada From the Newfoundland Court of Appeal
Outcome
Appeal allowed; order of the Court of Appeal set aside; prohibition issued against the Youth Court practice of distributing weekly dockets to both St. John’s school boards; costs awarded to appellant.
Legal Topics
Non Disclosure, Publication Ban, Court Records, Youth Offenders Act Interpretation, School Notifications, Open Courts Vs Confidentiality
Source Language
English
Criminal Law Youth Justice Privacy Law Administrative Law Non Disclosure Publication Ban Court Records Youth Offenders Act Interpretation +2 more

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Parties

F.N.

Appellant

Her Majesty The Queen

First Respondent

Roman Catholic School Board for St. John’s

Second Respondent

Avalon Consolidated School Board

Third Respondent

Canadian Foundation for Children, Youth and the Law

Intervener

Procedural Posture

Criminal (young Offenders Act) / Appeal to the Supreme Court of Canada From the Newfoundland Court of Appeal

Legal Issues

  1. 1 Whether routine distribution of Youth Court docket to school boards violated the non-disclosure and record-keeping provisions of the Young Offenders Act
  2. 2 Whether a Youth Court docket constitutes a "record" or a "report" within the Act
  3. 3 Whether exceptions in s.38(1.1), s.38(1.13) or s.44.1(1)(k)/(g) authorized the distribution

Ratio Decidendi

The Youth Court docket constitutes a record linking a young person to charges or proceedings and its routine distribution to school boards violated the Young Offenders Act; the practice was not authorized under ss.40-46 because there was no judicial authorization and distribution was not limited to the responsible board nor tied to administration of justice, nor was it authorized under s.38 exceptions (1.1 or 1.13), so the impugned practice must be prohibited.

Court Disposition

Appeal allowed; order of the Court of Appeal set aside; prohibition issued against the Youth Court practice of distributing weekly dockets to both St. John’s school boards; costs awarded to appellant.

Orders

  • Appeal allowed and judgment of the Newfoundland Court of Appeal set aside
  • Prohibition granted against continued routine distribution of Youth Court dockets to both St. John’s school boards