The Crown brought an application under section 123(1) of the Youth Criminal Justice Act seeking access to youth records of the accused for use in two separate Superior Court prosecutions (one involving four counts of attempted murder and one count of aggravated assault, and another involving a charge of first degree murder), as well as for transmission to the Parole Board of Canada.
The accused had previously been convicted of first degree murder and was serving a life sentence with parole ineligibility for twenty-five years.
The court dismissed the Crown's application as premature, finding that while the Crown had a valid and substantial interest in the records, access was not necessary in the interests of the proper administration of justice at that time.
