This is an application under Part Six of the Youth Criminal Justice Act for an order granting the parties access to police records created during a police interaction with a young person that did not result in criminal charges or extrajudicial measures.
The respondent sought access to police records to pursue a discrimination claim before the Human Rights Tribunal of Ontario, alleging that the police interaction was based on race, colour, place of origin, ethnic origin, and disability.
The court determined that while the Act does not explicitly provide a statutory pathway for accessing records where no charges were laid and no extrajudicial measures were used, such access is available by necessary implication from the legislative scheme, particularly where the young person's own interests in the proper administration of justice would otherwise be compromised.
