A young person charged with second degree murder elected trial before a superior court judge and sought judicial interim release before a Queen's Bench justice, who declined jurisdiction on the basis that the provincially designated youth court held exclusive authority.
The Supreme Court allowed the appeal, finding that a superior court justice deemed a youth justice court judge under ss. 13(2) or 13(3) of the YCJA has jurisdiction over pre-trial applications including judicial interim release, because 'the proceeding' in those sections encompasses all steps taken after election, not merely the trial.
The Court further held that s. 33(8) of the YCJA, which grants release authority to 'a youth justice court judge', does not qualify that term to exclude s. 13(1) provincially designated youth court judges.
Accordingly, jurisdiction over judicial interim release is concurrent between the superior court and the designated youth justice court, a result Parliament intended to provide flexibility and accessibility, particularly for Indigenous youth in rural areas.
