WARNING THIS IS AN APPEAL UNDER THE YOUTH CRIMINAL JUSTICE ACT AND IS SUBJECT TO: 110(1) Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act. (2) Subsection (1) does not apply (a) in a case where the information relates to a young person who has received an adult sentence; (b) in a case where the information relates to a young person who has received a youth sentence for a violent offence and the youth justice court has ordered a lifting of the publication ban under subsection 75(2); and (c) in a case where the publication of the information is made in the course of the administration of justice, if it is not the purpose of the publication to make the information known in the community. (3) A young person referred to in subsection (1) may, after he or she attains the age of eighteen years, publish or cause to be published information that would identify him or her as having been dealt with under this Act or the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, provided that he or she is not in custody pursuant to either Act at the time of the publication. 111(1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person. 138(1) Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or 46(1) (prohibition against disclosure) of the Young Offenders Act , chapter Y-1 of the Revised Statutes of Canada, 1985, (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction.
Court File and Parties
COURT OF APPEAL FOR ONTARIO
DATE: 2023-12-14 DOCKET: COA-23-CR-0191
IN THE MATTER OF: A.B.
AN APPEAL UNDER PART XX.1 OF THE CODE
Before: Doherty, Coroza and Copeland JJ.A.
Counsel: A.B., acting in person Samuel Mazzuca, for the respondent Attorney General of Ontario Russell Browne, appearing as amicus curiae
Heard and released orally: December 13, 2023
On appeal against the disposition of the Ontario Review Board dated December 1, 2022.
Reasons for Decision
1On consent, time to appeal is extended to the date on which the Notice of Appeal was filed.
2The appellant submits that the order of the Ontario Review Board (“the Board”) should have permitted him to work in the community, as he had been permitted to do under Board orders made prior to March 2020. The Board did not refer specifically to this request in its reasons. It is clear, however, that the order does not permit the appellant to work unsupervised in the community.
3Reading the reasons as a whole, in the context of the evidence heard by the Board, we are satisfied that the Board concluded that the appellant should not be allowed to be unsupervised in the community for any reason, including employment.
4The appellant’s position had changed significantly since March of 2020. He had been convicted of a serious criminal offence while under the order of the Board. The psychiatric evidence heard by the Board fully justified their conclusion. We see no error in the scope of the order made by the Board.
5The appellant has a hearing before the Board in about 10 days. The Board will no doubt give careful consideration to any request the appellant may make and any evidence the appellant may lead in support of the request that he be allowed to work in the community.
6The appeal is dismissed.
“Doherty J.A.”
“S. Coroza J.A.”
“J. Copeland J.A.”