Ms. Humphrey

This decision addresses the lawfulness of routine strip searches of youths in custody under the Youth Criminal Justice Act (YCJA) and the Canadian Charter of Rights and Freedoms.

The court found that the routine strip search policy at the Woodview youth detention facility, which permitted strip searches without individualized suspicion and allowed complete nudity despite policy prohibitions, violated s. 8 of the Charter.

The court rejected claims under ss. 7, 12, and 15 of the Charter.

The remedy sought—a stay of proceedings—was denied, with the court instead recommending sentence reductions and judicial pronouncements as appropriate remedies.

The decision emphasizes enhanced privacy protections for youths in custody compared to adults and calls for legislative reform to align youth strip search policies with constitutional standards.

A.B., a young person, pleaded guilty to manslaughter in the death of Kenneth Lee, which occurred during a swarming incident involving eight youths.

The court considered the sentencing framework under the Youth Criminal Justice Act (YCJA), emphasizing accountability, rehabilitation, and reintegration.

Key factors included A.B.'s active participation, intoxication, lack of knowledge about the knife, and significant pre-sentence custody, including unreasonable strip searches.

The court credited A.B. with 15 months of pre-sentence custody and imposed a 21-month Intensive Support and Supervision Program (ISSP) order concurrently with probation, along with ancillary orders.

M.J., a 15-year-old young person, pleaded guilty to manslaughter in the swarming death of Kenneth Lee.

The court considered the principles of youth sentencing under the Youth Criminal Justice Act, including accountability, rehabilitation, and reintegration, as well as the diminished moral culpability of young persons.

Aggravating factors included the vicious nature of the swarming and M.J.'s significant involvement, including wielding vice grips.

Mitigating factors included her intoxication, lack of prior record, genuine remorse, acceptance of responsibility, and positive engagement with community support.

The court also considered institutional malfeasance during her pre-trial custody, including unlawful strip searches and improper transfers.

The Crown sought a 3-year sentence (2 years custody, 1 year conditional supervision).

The defence sought a non-custodial sentence.

The court credited M.J. with 15 months of effective pre-trial custody and imposed a 15-month Intensive Support and Supervision Program (ISSP) order, along with 15 months of youth probation and ancillary orders.