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A civil litigant was granted limited, redacted access to a young person's pre-sentence report for discovery purposes.
The applicant, a youth worker injured during an incident with a young person in care, sought access to the pre-sentence report of the young person who was subsequently charged with assault.
The applicant was pursuing a negligence action against the youth residential services facility.
The court granted limited access to the pre-sentence report under section 119(1)(s) of the Youth Criminal Justice Act, balancing the applicant's valid interest in the information for civil litigation purposes against the strong privacy protections afforded to young persons under the Act.
Access was restricted to exclude information derived from child protection files and mental health assessments, with strict confidentiality conditions imposed.
