Justice P.J. Jones

A young person charged with serious offences including kidnapping, aggravated assault, and forcible confinement (December 2018), and subsequently charged with firearm and drug trafficking offences (August 2019), sought release on bail with proposed sureties.

The Crown sought detention on secondary and tertiary grounds under the Youth Criminal Justice Act.

The court found that the proposed release plan was inadequate to protect the public and that exceptional circumstances warranted detention to maintain confidence in the administration of justice.

The young person was detained in custody.

The applicant father sought the involvement of the Children's Lawyer to ascertain the views and preferences of three children (ages 15, 14, and 10) regarding a motion to change a final access order that had denied him access for over three years.

The respondent mother opposed the involvement of the Children's Lawyer, asserting the children did not wish contact with their father.

The court granted the motion, finding that given the ages of the children and the significance of the access decision to their lives, credible evidence of the children's wishes from a neutral source was necessary before deciding the summary judgment motion.