The accused, a 14-year-old living in a group home, was charged with mischief, assault, and uttering threats after an altercation with an employee.
The youth court judge found the accused guilty on all counts, feeling bound by precedent despite believing the charges should not have been laid.
The Court of Appeal set aside the finding of guilt for uttering threats, holding that a youth court judge could dismiss a charge if it ought never to have been laid.
The Supreme Court of Canada allowed the Crown's appeal, holding that the Young Offenders Act does not confer jurisdiction on a youth court judge to dismiss a charge simply because they disagree with the prosecutor's exercise of discretion to lay it.
