Canada Case Law

Children's Aid Society of Cape Breton-Victoria v. R.J.

Court

Supreme Court of Nova Scotia

Given the child’s significant developmental and behavioural impairments, the expert evidence that he requires continuous environment controls and 24/7 supervision, the mother’s limited cognitive capacity, social isolation and inconsistent parenting, and the failure or inadequacy of less intrusive services, the court concluded the circumstances justifying removal are unlikely to change within a reasonable time and that permanent care and custody by the Agency is in the child’s best interests with provision for access.

Source excerpt

• Permanent care and custody
• Best interests of the child
• Temporary care and custody
• Risk assessment
• Parental capacity
• Access/contact

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R. v. D. (S.)

Court

Supreme Court of Canada

The Supreme Court of Canada held that the Morin delay framework applies under the Young Offenders Act and allowed the Crown’s appeal.

• Trial within a reasonable time
• Delay and stays
• Transfer to adult court
• Application of morin factors
• Balancing societal interest in prompt proceedings
• Unreasonable-delay

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R. v. T. (V.)

Court

Supreme Court of Canada

La Cour suprême conclut qu’un juge de la jeunesse ne peut pas rejeter une accusation simplement parce qu’il estime qu’elle n’aurait pas dû être portée.

• Prosecutorial discretion
• Youth court jurisdiction
• Statutory interpretation
• Uttering threats
• Young offenders act
• Prosecutorial-discretion

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Brown v. Baugh et al.

Court

Supreme Court of Canada

The Supreme Court of Canada held that a juvenile charged with a delinquency relating to an indictable Criminal Code offence could be fingerprinted using reasonable force.

• Fingerprinting
• Use of reasonable force by police
• Identification of criminals
• Interaction between identification of criminals act and juvenile delinquents act
• Juvenile-justice
• Reasonable-force

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Regional Municipality of Peel v. Mackenzie et al.

Court

Supreme Court of Canada

The Supreme Court of Canada held that s. 20(2) of the Juvenile Delinquents Act was invalid as applied to municipalities and severed that reference.

• Division of powers
• Ancillary power doctrine
• Municipal liability
• Statutory severance
• Constitutionality of federal statute
• Division-of-powers

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Attorney General of British Columbia v. Smith

Court

Supreme Court of Canada

The Supreme Court of Canada held that the Juvenile Delinquents Act was valid federal criminal law and that the respondent should have been dealt with under it.

• Division of powers
• Paramountcy
• Juvenile delinquents act
• Summary convictions
• Jurisdiction of juvenile court
• Division-of-powers

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