The Crown appealed a Quebec Court of Appeal decision quashing a direct indictment preferred against two young persons charged with serious drug and criminal organization offences alongside adults.
The majority held that a direct indictment under s. 577 of the Criminal Code is available in youth proceedings because it is not inconsistent with the YCJA when read with ss. 67(7), 67(9), and 140.
The Court further held that, despite the availability of direct indictment, young persons and adults cannot be tried jointly because the YCJA establishes a criminal justice system for young persons that is separate from the adult system.
The appeal was allowed, but because the direct indictment issue had become moot after a preliminary inquiry was later held, no further order was made.
