Dr. Motayne

The applicant children's aid society sought a 120-day extension of a secure treatment order for a youth.

The youth opposed the extension, seeking to be returned to a group home.

The court found that the youth suffered from a mental disorder and that the secure treatment program was necessary to prevent the youth from causing serious bodily harm to themselves or others, particularly given a history of fleeing and impulsive behaviour.

The court concluded that no less restrictive method was appropriate and that an appropriate plan for care upon release was being developed.

The application for a 120-day extension was granted.

The appellant, a young offender, appealed a 90-day sentence for assault causing bodily harm.

He argued the sentencing judge erred by failing to credit 101 days of pre-trial custody served for separate robbery charges that were later withdrawn.

The Court of Appeal allowed the appeal, finding the sentencing judge erred in law by not considering the pre-trial custody.

The 90-day sentence was set aside, as the pre-trial custody credit would have fully absorbed it.