The Crown appealed a Superior Court decision granting a young person's application for certiorari and mandamus, which had directed the youth court to order publicly funded legal aid.
The young person, charged with uttering a threat, was refused legal aid and sought a court order for funded counsel at his first appearance while considering extrajudicial sanctions.
The Court of Appeal allowed the appeal, holding that under section 25(4) of the Youth Criminal Justice Act, a young person is only entitled to apply for publicly funded counsel at specific stages of proceedings, such as a trial or a hearing related to custody, and not at a first appearance.
