This ruling addresses two Crown applications in a Youth Criminal Justice Act case: one to admit evidence of prior discreditable conduct and another (Seaboyer application) to introduce evidence of other sexual activity.
The accused, J.B., a young person charged with sexual assault, was 13 at the time of the alleged assault, but the prior incidents occurred when he was 11 and thus legally a child incapable of forming criminal intent.
The court dismissed both applications, finding that the prejudicial effect of admitting evidence of acts committed when the accused was a child, and therefore lacked mens rea, outweighed its probative value.
The court emphasized the unique considerations for young persons and the significant time gap between the incidents.
