The provincial director applied under section 98 of the Youth Criminal Justice Act to continue custody for a young person convicted of attempted murder who had been released to community supervision.
The court found the application was improperly brought under section 98 rather than section 104, but proceeded on the merits applying the section 104 test.
The young person, now 19, had committed a brutal stabbing of his 8-year-old foster sibling at age 17.
Despite troubling psychiatric evidence regarding violent and sexual ideation disclosed in therapeutic settings, the court dismissed the application, finding that community-based supervision programs, including intensive monitoring, mental health treatment, and structured support, were adequate to manage risk and better serve the purposes of rehabilitation and reintegration under the YCJA.
