Gail Glickman

The applicant sought access to police records concerning a youth (W.C.) under the Youth Criminal Justice Act (YCJA) after being struck by a pellet from a BB gun.

The police had investigated but laid no charges, opting for extrajudicial measures.

The court found that the police records constituted records of extrajudicial measures under section 119(4) of the YCJA, which prohibits access to such records for individuals like the applicant.

Even if not considered extrajudicial measures, the records were inaccessible under the YCJA's statutory framework, as section 123, which allows access after certain periods, did not apply to records where no charges were laid and thus no access period was defined.

The court emphasized the YCJA's principles of youth privacy and diminished moral blameworthiness.

The application was dismissed.

An appeal concerning jurisdiction to review a youth justice court decision regarding access to youth records under the Youth Criminal Justice Act.

The Toronto Police Service and a police officer appealed a youth court judge's decision denying access to records.

The Superior Court judge allowed the appeal and ordered production of records.

The Court of Appeal found that the Superior Court lacked jurisdiction to hear an appeal from the youth court decision under section 40(1) of the Courts of Justice Act, as the YCJA is federal legislation.

While certiorari under Part XXVI of the Criminal Code provides an alternative review route, the Court of Appeal declined to determine the appeal on the merits due to the procedural irregularities and set aside the Superior Court decision.