CUSTODY REVIEW BOARD
This case relates to the Youth Criminal Justice Act, S.C. 2002, c.1 (“YCJA”). Under sections 110(1) and 129 of the YCJA, no one is allowed to make public any information that would identify a youth who is in detention or custody. Also, no one is allowed to share the information contained in this document with anyone unless the YCJA says it can be shared. In addition, the proceedings of the Custody Review Board (“CRB”) are private. Therefore, all identifying information in this decision has been removed.
No one can show the unredacted decision to anyone else (except the Applicant’s lawyer or others named in the YCJA) or make it public by putting it “online” or giving it to the media. There may be legal consequences if this information is shared contrary to the YCJA in accordance with s.138(1) of the YCJA.
BETWEEN:
Young Person
Applicant
-and-
Provincial Director
Respondent
REASONS FOR RECOMMENDATION
Adjudicator: Jessica Lubrick
Date: January 8, 2026
Citation: 2026 ONCRB 1
Indexed as: Young Person v Provincial Director (CYFSA s.152)
OVERVIEW
1This is an Application with the Custody Review Board (“CRB”) for a review of the Applicant’s placement under subsection 152(1)(a) of the Child, Youth and Family Services Act 2017, S.O. 2017, c.14, Sched.1 (“CYFSA”). The Applicant seeks a review of the Provincial Director’s decision to place him at [FACILITY 1], a secure detention facility near [city 1], [province]. The Applicant seeks a transfer to [FACILITY 2], a secure detention facility located in [city 2], [province].
2In conducting this review, I spoke to:
the Applicant;
T.G., Applicant’s Probation Officer (“PO”)
P.P., Youth Services Manger at [FACILITY 1];
K.S., Social Worker at [FACILITY 1]; and
S.K., Deputy Administrator at [FACILITY 2]
3In addition, I reviewed the following documents:
A CRB Application, dated [date];
Warrant Remanding a Yong Person, dated [date];
Young Person’s Case Management/Reintegration Plan, dated [date];
Level of Detention Assessment Form, dated [date];
BACKGROUND
4The Applicant is [age] years old. In [date, year], he was detained at [FACILITY 3] on a second- degree murder charge. He was subsequently placed at [FACILITY 2] for a period of approximately [number] months. He was temporarily moved to [FACILITY 3] for a few days during his placement at [FACILITY 2] for the court appearance of another youth with whom the Applicant was prohibited from being in contact. The Applicant was then returned to [FACILITY 2] until the beginning of [date], when he was moved to [FACILITY 1].
5The Applicant was moved from [FACILITY 2] to [FACILITY 1] due to the temporary designation of [FACILITY 2] as an all-female facility. S.K., the Deputy Administrator at [FACILITY 2], indicated that it is planned for [FACILITY 2] to reopen to male youth once a new female unit is opened at another facility, which would allow the [FACILITY 2] female youth to mostly be transferred. S.K. understood that this new female unit is presently scheduled to open mid-[date] and that other resulting placement changes would occur shortly thereafter.
6The Applicant has no prior involvement with the youth justice system.
7The Applicant is not currently in regular contact with his mother and is in sporadic telephone contact with his father. Both parents reside in [city 2], [province].
8The Applicant’s primarily familial support is the parental figure, [foster mother], a former partner of the Applicant’s father. The Applicant refers to [foster mother] as his “foster mother”. The Applicant first met [foster mother] in or around the beginning of [year] and has lived with her since [year]. At the time of the Applicant’s detention, the Applicant was living with [foster mother]. [Foster mother] lives in the same community as [FACILITY 2]. It is an approximately eight-hour drive from [FACILITY 1] to [foster mother] residence.
9The Applicant has a diagnosis of ADHD. He takes prescription medication to assist with managing his symptoms.
10The Applicant is enrolled in school at [FACILITY 1] and currently has 16 credits. He is currently taking a combination of Grade [number] and [number] courses.
The Applicant’s Behaviour at [FACILITY 1] and [FACILITY 2]
11The [FACILITY 1] Youth Services Manager, P.P., described the Applicant’s interactions with both staff and peers at [FACILITY 1] as positive. The Applicant has consistently maintained a level four, the highest level in the behaviour-based program, while at [FACILITY 1] P.P. indicated that the Applicant generally participates in the recreational programming offered to youth at the facility and takes advantage of the incentive programming (for example, movie nights) offered to those youth that have achieved a level four.
12S.K., the Deputy Administrator at [FACILITY 2], offered a similarly positive description of the Applicant’s interactions with staff and peers during his placement at [FACILITY 2]. There were no behavioural incidents involving the Applicant that occurred during his placement at [FACILITY 2] and the Applicant was similarly consistently placed at a level four in the behaviour-based program while at [FACILITY 2].
ISSUE
13Is the Applicant’s placement at [FACILITY 1] appropriate to meet his needs?
RESULT
14The Applicant’s placement at [FACILITY 1] is not appropriate to meet his needs. I recommend that the Applicant be transferred to [FACILITY 2] as soon as that facility again accepts placement of male youth.
ANALYSIS
15In conducting a review and making a recommendation under subsection 152(7)(a)(i) of CYFSA, I must consider whether the current facility at which an applicant is being held or has been transferred is appropriate to meet the applicant’s needs.
16The Applicant has asked to be transferred to [FACILITY 2], a secure facility in [city 2], [province] where he was previously placed, to be closer to family supports.
The Applicant’s Current Needs
The Applicant’s Need for Close Proximity to Family
17The Applicant expressed a desire to be closer to his family support. This support is primarily [foster mother], the former partner of the Applicant’s father. The Applicant describes [foster mother] as his “foster mother”.
18Despite repeated efforts, I was unable to reach [foster mother] to consider her comments as part of this Application.
19The Applicant advised that, while at [FACILITY 2], [foster mother] attended for in-person visits approximately one to two times per week. [foster mother] lives in the same community as [FACILITY 2]. The Applicant further stated he has been in near-daily telephone contact with the [foster mother] since his initial placement in [month], [year].
20Since his move to [FACILITY 1], [foster mother] has not been able to attend for in-person visits. The Applicant indicates that any in-person visits are unlikely given that [FACILITY 1] is located approximately eight-hours (traffic-dependant) from [foster mother] residence and [foster mother] is of modest means. In addition, the Applicant stated that [foster mother] is a caregiver for her mother and is hesitant to leave the local area due these responsibilities.
21Though [FACILITY 1] has video calling available for youth, the Applicant advised that the video calls are rarely a possibility due to [foster mother] phone not functioning properly and [foster mother] not having regular access to a computer with these capabilities. The Applicant indicated that he has had two brief video calls with [foster mother] since arriving at [FACILITY 1] with one occurring at the time of his arrival at the beginning of [month], [year] and one at the end of [month], [year].
22The Applicant’s PO described [foster mother] as a major source of support for the Applicant. The PO confirmed that [foster mother] was present at the Applicant’s most recent case management plan meeting and is in frequent telephone contact with the Applicant. The PO further indicated that [foster mother] had attended for in-person visits at [FACILITY 2], but not [FACILITY 1]. The PO also confirmed that [foster mother] has financial limitations, which would present a challenge for in-person visits over such a significant distance.
23K.S., the Social Worker at [FACILITY 1], confirmed that video calling was available at [FACILITY 1] and indicated that, while video calling does allow youth to see family, it does not provide the same benefit as an in-person visit. K.S. further commented that the Applicant’s situation was difficult because, with the present designation of [FACILITY 2] as all-female, there were not any closer facilities that could facilitate this meaningful, in-person contact for the Applicant with his family support.
24S.K., the Deputy Administrator at [FACILITY 2], described the difficulty of advising the Applicant of the transfer of all male youth from [FACILITY 2] and his pending move to [FACILITY 1]. S.K. indicated that staff were aware that the Applicant had close supports in [city 2] and the transfer to a far away facility would be difficult for him. S.K. indicated that the staff would be happy to have the Applicant return to [FACILITY 2] should a transfer be possible in the future.
25I find that the Applicant’s current placement is not appropriate to meet his need for ongoing support and contact. [FACILITY 1] is very far from the Applicant’s home community and [foster mother] financial and personal circumstances are a barrier to in-person contact. As the Applicant is relatively young ([age] years old) and has a lack of prior involvement in the youth justice system, it is important that he can maintain meaningful contact with [foster mother], his primary family support. Additionally, given the frequent telephone contact with [foster mother] as well as the consistent in-person visits while the Applicant was placed at [FACILITY 2], it is clear that the Applicant has a need for regular contact with [foster mother]. I find that the distance of [FACILITY 1] from the Applicant’s home community makes it inappropriate to meet this need.
The Applicant’s Educational Needs
26The Applicant has earned 16 credits towards his secondary school diploma. The Applicant reports that he is taking a combination of Grade [number] and Grade [number] credits and is currently enrolled in English, Mathematics, History and Physical Education courses.
27The Applicant did not discuss any specific requirements with respect to his education.
28I find that the Applicant’s educational needs are being met at [FACILITY 1].
Conclusion
29I find that, given the age of the Applicant and the far distance of [FACILITY 1] from vital family support, the Applicant’s current placement is not appropriate to meet his needs.
RECOMMENDATION
30For the above reasons, I recommend that the Applicant be transferred to [FACILITY 2] at such time that the facility is once again accepting the placement of male youth.
CONFIDENTIALITY ORDER
31Parties and their representatives must not use, share, discuss or disclose any CRB documents or decisions, or any other documents or information provided or used in this Application, with anyone including through the media or online. The CRB prohibits the use of any of this information for any purpose outside of the CRB’s proceedings, except with an order of the Court or the CRB, as appropriate.
Dated, January 08, 2026
Jessica Lubrick
Jessica Lubrick
Member