R. v. C.D.

R. v. C.D.

Court found police recording of the youth's health-care interactions captured highly sensitive, private medical information and, given failure to inform relevant persons, failure to pause recording during medical treatment, and failure to comply with YCJA s.146 informational requirements, the recording constituted an unreasonable s.8 search; the Deputy Sheriff’s photographing and dissemination of the youth's name and image violated the youth's s.7 liberty and security interests because publication deprived the youth of a statutorily protected privacy right and caused serious psychological-stress risk; despite finding both Charter breaches, the judge declined to grant a stay under s.24(1)...

Citation
2024 NSPC 22
Parties
Applicant (accused Youth): C.D.; Respondent (crown): His Majesty the King
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
8 March 2024
Procedural Posture
Youth Criminal (charter) Application Under YCJA / Pre Trial Charter Hearing on Stay of Proceedings (s.24(1))
Outcome
Application for stay of proceedings dismissed; Charter breaches found (s.8 breach for police recording; s.7 breach for Deputy Sheriff publication)
Legal Topics
S.8 Unreasonable Search and Seizure, S.7 Life Liberty and Security of the Person, S.24(1) Stay of Proceedings, YCJA S.110 Publication Ban, YCJA S.146 Youth Statement Protections, State Actor Misconduct and Remedies, Sealing and Publication Restrictions
Source Language
English
Charter Law Criminal Law Youth Justice Privacy Law Evidence Law S.8 Unreasonable Search and Seizure S.7 Life Liberty and Security of the Person S.24(1) Stay of Proceedings +4 more

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Parties

C.D.

Applicant (accused Youth)

His Majesty the King

Respondent (crown)

Procedural Posture

Youth Criminal (charter) Application Under YCJA / Pre Trial Charter Hearing on Stay of Proceedings (s.24(1))

Legal Issues

  1. 1 Whether police audio-recording of a 15-year-old's interactions with health-care professionals while in custody violated s.8 of the Charter
  2. 2 Whether a Deputy Sheriff’s photographing and disseminating a youth's name and image violated s.7 of the Charter
  3. 3 Whether the cumulative Charter breaches justify a stay of proceedings under s.24(1)

Ratio Decidendi

Court found police recording of the youth's health-care interactions captured highly sensitive, private medical information and, given failure to inform relevant persons, failure to pause recording during medical treatment, and failure to comply with YCJA s.146 informational requirements, the recording constituted an unreasonable s.8 search; the Deputy Sheriff’s photographing and dissemination of the youth's name and image violated the youth's s.7 liberty and security interests because publication deprived the youth of a statutorily protected privacy right and caused serious psychological-stress risk; despite finding both Charter breaches, the judge declined to grant a stay under s.24(1)...

Court Disposition

Application for stay of proceedings dismissed; Charter breaches found (s.8 breach for police recording; s.7 breach for Deputy Sheriff publication)

Orders

  • Stay of proceedings denied
  • Court declined to exclude charges and instead indicated alternative remedies should be pursued including sealing of recording/transcripts, publication restrictions during trial, consideration of breaches at sentencing and training/policy responses by police and sheriff services