An accused previously found unfit to stand trial as a young person sought certiorari to quash a Youth Court order finding that the Crown had established a prima facie case under s. 672.33 of the Criminal Code.
The Crown had proceeded ex parte and without notice to the accused, relying solely on an affidavit from a police officer asserting that reasonable grounds existed to believe the accused committed the offences.
The reviewing court held that the Youth Court initially had jurisdiction but lost it by proceeding ex parte, failing to require an extension of time, and relying on evidence that did not meet the admissibility requirements of s. 672.33(4).
Although the order was quashed, the Superior Court held that it lacked jurisdiction on certiorari to enter an acquittal.
The matter was remitted to the Youth Court to determine any application to extend time and to reconsider the prima facie issue on proper evidence.
