J.C. (Re)

J.C. (Re)

On the evidence J.C.’s aggression, history of serious institutional misconduct, failure to progress in programming, and the risk he poses to staff and other youth established that Waterville could not safely manage him; a transfer under s.92(1) YCJA is therefore warranted in the public interest. A s.34 cultural assessment would not change the limited options available under s.94 and would not affect the outcome of the sentence review, so it was not required or ordered. The s.94 review confirmed the April 14, 2016 Custody and Supervision Order.

Citation
2017 NSPC 14
Parties
Young Person / Respondent: J.C.; Applicant: Provincial Director; Prosecutor: Crown
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 March 2017
Procedural Posture
Youth Criminal Justice Act Transfer Application and Linked Section 94 Sentence Review / Decision Following Contested Hearing (transfer Granted)
Outcome
Provincial Director's application granted; J.C. ordered transferred to a provincial correctional facility for adults for the remainder of his April 14, 2016 Custody and Supervision Order; s.94 sentence review confirmed the youth sentence; request for s.34 cultural assessment denied.
Legal Topics
Transfer to Adult Facility, Section 92(1) YCJA, Section 94 Sentence Review, Section 34 Psychological Assessment, Custody and Supervision Order
Source Language
English
Criminal Law Youth Justice Corrections Transfer to Adult Facility Section 92(1) YCJA Section 94 Sentence Review Section 34 Psychological Assessment Custody and Supervision Order

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Parties

J.C.

Young Person / Respondent

Provincial Director

Applicant

Crown

Prosecutor

Procedural Posture

Youth Criminal Justice Act Transfer Application and Linked Section 94 Sentence Review / Decision Following Contested Hearing (transfer Granted)

Legal Issues

  1. 1 Whether to transfer J.C. to a provincial correctional facility for adults under s.92(1) YCJA
  2. 2 Whether to order a s.34 psychological assessment with a cultural component
  3. 3 Whether a section 94 sentence review should result in confirmation of sentence or release

Ratio Decidendi

On the evidence J.C.’s aggression, history of serious institutional misconduct, failure to progress in programming, and the risk he poses to staff and other youth established that Waterville could not safely manage him; a transfer under s.92(1) YCJA is therefore warranted in the public interest. A s.34 cultural assessment would not change the limited options available under s.94 and would not affect the outcome of the sentence review, so it was not required or ordered. The s.94 review confirmed the April 14, 2016 Custody and Supervision Order.

Court Disposition

Provincial Director's application granted; J.C. ordered transferred to a provincial correctional facility for adults for the remainder of his April 14, 2016 Custody and Supervision Order; s.94 sentence review confirmed the youth sentence; request for s.34 cultural assessment denied.

Orders

  • Grant transfer under s.92(1) YCJA: J.C. to serve remainder of April 14, 2016 Custody and Supervision Order in a provincial correctional facility for adults
  • Confirm April 14, 2016 Custody and Supervision Order under s.94(19)(a) YCJA