Ms. Guirguis

This decision addresses the lawfulness of routine strip searches of youths in custody under the Youth Criminal Justice Act (YCJA) and the Canadian Charter of Rights and Freedoms.

The court found that the routine strip search policy at the Woodview youth detention facility, which permitted strip searches without individualized suspicion and allowed complete nudity despite policy prohibitions, violated s. 8 of the Charter.

The court rejected claims under ss. 7, 12, and 15 of the Charter.

The remedy sought—a stay of proceedings—was denied, with the court instead recommending sentence reductions and judicial pronouncements as appropriate remedies.

The decision emphasizes enhanced privacy protections for youths in custody compared to adults and calls for legislative reform to align youth strip search policies with constitutional standards.

A.B., a young person, pleaded guilty to manslaughter in the death of Kenneth Lee, which occurred during a swarming incident involving eight youths.

The court considered the sentencing framework under the Youth Criminal Justice Act (YCJA), emphasizing accountability, rehabilitation, and reintegration.

Key factors included A.B.'s active participation, intoxication, lack of knowledge about the knife, and significant pre-sentence custody, including unreasonable strip searches.

The court credited A.B. with 15 months of pre-sentence custody and imposed a 21-month Intensive Support and Supervision Program (ISSP) order concurrently with probation, along with ancillary orders.