Justice George S. Gage

A ruling on the admissibility of a statement made by a young person (YF) charged with first degree murder.

The Crown sought to admit an inculpatory statement made during police interrogation.

The court conducted a voir dire to determine whether the preconditions for admissibility under section 146 of the Youth Criminal Justice Act were satisfied.

The court found that the Crown failed to demonstrate beyond a reasonable doubt that the enhanced procedural protections required by the YCJA were complied with, and ruled the statement inadmissible.

A 17-year-old youth charged with second-degree murder in connection with a fatal stabbing during an armed robbery sought release pending trial.

The Crown opposed release, arguing detention was necessary for public protection and to maintain confidence in the administration of justice.

The court found that while the Crown's case was strong regarding the robbery, viable defences existed to the murder charge.

The court released the youth on a recognizance with sureties, finding that detention was not justified on either the secondary or tertiary ground under the Youth Criminal Justice Act.