B.P. (Re)

B.P. (Re)

On the evidence the Provincial Director did not discharge the burden to prove transfer under s.92(1) YCJA is in the public interest. Rehabilitation, a core element of the public interest under the YCJA, requires intensive, sustained therapeutic and psychiatric services embedded in the IRCS plan; the applicant showed neither that Waterville could not, with appropriate resourcing and team configuration, continue to administer the IRCS plan nor that an adult correctional facility would provide equal or better access to the intensive, multidisciplinary services required. Uncertainty about placement, control of service delivery by adult institutions, disruption of therapy while housed in adult...

Citation
2017 NSPC 47
Parties
Applicant: Provincial Director; Prosecutor: Crown; Respondent (young Person): N.B.P.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
12 September 2017
Procedural Posture
Section 92(1) Transfer Application Under the Youth Criminal Justice Act / Hearing Concluded and Decision Rendered
Outcome
Provincial Director's application to transfer the young person under section 92(1) YCJA dismissed
Legal Topics
Transfer to Adult Correctional Facility, IRCS Sentence, Public Interest Test, Rehabilitation and Reintegration, Psychiatric Services, Jurisdiction to Continue Proceedings
Source Language
English
Youth Criminal Justice Criminal Law Corrections Mental Health Law Transfer to Adult Correctional Facility IRCS Sentence Public Interest Test Rehabilitation and Reintegration +2 more

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Parties

Provincial Director

Applicant

Crown

Prosecutor

N.B.P.

Respondent (young Person)

Procedural Posture

Section 92(1) Transfer Application Under the Youth Criminal Justice Act / Hearing Concluded and Decision Rendered

Legal Issues

  1. 1 Whether the Provincial Director proved on a balance of probabilities that transfer under s.92(1) YCJA is in the public interest
  2. 2 Whether transfer would be in the best interests of the young person
  3. 3 Whether the young person can obtain required intensive therapeutic and psychiatric services in an adult facility

Ratio Decidendi

On the evidence the Provincial Director did not discharge the burden to prove transfer under s.92(1) YCJA is in the public interest. Rehabilitation, a core element of the public interest under the YCJA, requires intensive, sustained therapeutic and psychiatric services embedded in the IRCS plan; the applicant showed neither that Waterville could not, with appropriate resourcing and team configuration, continue to administer the IRCS plan nor that an adult correctional facility would provide equal or better access to the intensive, multidisciplinary services required. Uncertainty about placement, control of service delivery by adult institutions, disruption of therapy while housed in adult...

Court Disposition

Provincial Director's application to transfer the young person under section 92(1) YCJA dismissed

Orders

  • The application by the Provincial Director to transfer N.B.P. to a provincial correctional facility for adults pursuant to section 92(1) YCJA is dismissed