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: Tracy Foster Date: January 7, 2026 Citation: 2026 ONCRB 3 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 custody facility in [city 1]. The Applicant requested to be transferred to [FACILITY 2] in [city 2], [FACILITY 3] in [city 3] or [FACILITY 4] in [city 4] to be closer to his family and to have access to more programming.
2Under subsection 152(1)(a) of the CYFSA, the CRB is able to review the particular place where a young person is held or to which the young person has been transferred.
3In conducting this review, I spoke to:
- the Applicant;
- [father], the Applicant’s father;
- BS, Youth Services Manager at [FACILITY 1];
- KS, Social Worker at [FACILITY 1];
- RE, Administrator at [FACILITY 2];
- AB, Social Worker at [FACILITY 2];
- RM, Director at [FACILITY 4]; and
- GL, the Applicant’s Probation Officer (“PO”).
4In addition, I reviewed the following documents related to the Applicant:
- A CRB Application, dated [date];
- A Warrant of Committal to Custody, dated [date];
- A Memorandum to Superintendent of Jail as to Next Court Attendance of Prisoner, dated [date];
- An Order for Attendance of Prisoner at a Court Proceeding, dated [date];
- A Non-Communication Order, dated [date];
- A Weapons Prohibition Order, dated [date];
- A Young Person’s Case Management/Reintegration Plan Report (“CMRP”), dated [date];
- A CMRP, dated [date]; and
- A Pre-Sentence Report (“PSR”), dated [date].
BACKGROUND
5The Applicant is [age] years old. This is the Applicant’s first involvement with the Youth Justice System. In [date], he was sentenced to around two and a half years of custody for manslaughter. He was arrested in [date] and detained at [FACILITY 2] in [date] where he remained until he was released on bail in [date]. The Applicant is also subject to two outstanding adult charges for failing to comply with his bail conditions. The Applicant was detained for short periods in adult district jails due to the failure to comply charges.
6The Applicant lives with his father and grandmother in the community. They were his sureties while he was on bail between [date] and [date]. The Applicant’s bail conditions included house arrest unless working or attending school, no substance use and to be accompanied by a surety if he left the house.
7The Applicant has a close relationship with his father in particular, and speaks with him daily by telephone while in custody. The Applicant’s Pre-Sentence Report (“PSR”), completed prior to his sentencing by his current PO, notes that he benefits from strong and consistent support from his father and his extended family. It also states that his father is actively engaged in the Applicant’s rehabilitation and education. The Applicant’s father is the head of maintenance at the local high school, and arranged for the Applicant to work with him at the high school during the past summer while he was on bail.
8The Applicant is in grade twelve and has two credits remaining to graduate. He attended school in the community prior to custody. The Applicant advised me he wants to attend post-secondary education for business and to train to become a diesel mechanic. This is also reflected in his PSR. The Applicant’s father informed me that the Applicant attended high school both in person and online while on bail, including attending introductory carpentry and welding courses offered through the high school.
9The Applicant identifies as Indigenous and his community is part of the [Band name].
10The Applicant does not report any mental health diagnoses. The PSR notes potential issues for the Applicant are a poor frustration tolerance and short temper, which has led to occasional conflicts.
11The Applicant states that he uses marijuana and consumes alcohol occasionally. He does not believe his substance use is problematic, and reports having attended a few Alcoholics Anonymous sessions while at [FACILITY 2].
The Applicant’s Behavioural History at [FACILITY 2] and [FACILITY 1]
12The [FACILITY 2] Social Worker indicated that for the most part, the Applicant interacted well with staff and peers. The [month, year] CMRP reports a few instances of difficulty in following direction and impatience with staff, however the Applicant generally complied. The [FACILITY 2] Social Worker met with the Applicant weekly. He said the Applicant was one session short of completing a multi-week victim awareness program when he was released on bail. The Applicant received one behaviour report when he was initially placed at [FACILITY 2] for engaging in a physical altercation with a peer. However, overall, the [FACILITY 2] Social Worker stated the Applicant was respectful and generally displayed good behaviour. He was at a level three, the second highest level in the behaviour program, when he was released on bail.
13The Administrator at [FACILITY 2] advised me that prior to his release on bail, the Applicant was allegedly involved in a serious incident involving breaching computer security at [FACILITY 2]. No charges have been laid. However, this incident led to the facility having all computers removed and new security protocols put in place. The Administrator stated that there was police involvement, and the incident remains under investigation. He indicated that because of this incident, there was a loss of trust with the Applicant and that [FACILITY 2] would not be in favour of his return to the facility.
14The [FACILITY 1] Social Worker advised me that the Applicant is high functioning and is more mature than his peers. The Social Worker indicated there have been no issues with his behaviour, and overall he has been adaptive. There are no concerns with peer dynamics and the Applicant is working his way up the behaviour levelling system. The Social Worker notes that the Applicant has expressed frustration with the lack of programming available.
ISSUES
15The issue to be determined is:
a. Is the Applicant’s placement at [FACILITY 1] appropriate to meet his needs?
RESULTS
16I find that the Applicant’s placement at [FACILITY 1] is not appropriate to meet his needs. I recommend that the Applicant be transferred to a [FACILITY 4] where he can participate in additional programming and be closer to his family, who resides on [city 5].
ANALYSIS
17In conducting a review and making a recommendation under subsection 152(7)(a)(i) of the CYFSA, I must consider whether the current facility in which the Applicant has been placed is appropriate to meet his needs.
18A recent CMRP, a report which provides information pertaining to a young person’s needs, was not available at the time of this decision. A case management meeting that had been scheduled to take place was rescheduled and the report was not completed in time for my review.
19The Applicant’s needs pertain to access to further trades education, Indigenous programming and supports, placement with peers of a similar age and proximity to family. Additionally, it appears that he would benefit from programming for anger management deficits.
20The Applicant seeks to be transferred to [FACILITY 2], or alternatively [FACILITY 3] or [FACILITY 4] where he has access to more programming and is closer to his family. [FACILITY 2] is not in favour of the Applicant’s return as noted above.
The Applicant’s Current Needs
The Applicant’s Education Needs
21The Applicant is two credits shy of completing the credits necessary for his high school diploma. He wants to continue with any sort of education or training in the trades. As mentioned previously, the Applicant took introductory courses in carpentry and welding while on bail through high school.
22The [FACILITY 1] Social Worker confirmed that the Applicant was attending school, however during the period in which I was conducting interviews, there was a school break.
23In addition to discussing with me, the Applicant had also expressed his frustration regarding the lack of further education opportunities available at [FACILITY 1] to his PO and to the [FACILITY 1] Social Worker. The [FACILITY 1] Social Worker advised me that there is no avenue to offer trades education through the facility. The Social Worker also commented that the Applicant appears motivated to use his time in custody to prepare for his return to the community and wants to progress in school.
24The Applicant’s father advised me that the Applicant is ambitious, speaks of owning his own business and enjoys working with his hands. The Applicant speaks to him about his desire to continue education during custody.
25I spoke with the Director at [FACILITY 4]. He advised me that this facility offers access to trades programs, however it is part of a credited program through high school. He stated that further educational resources for high school graduates, including through the trades, is a challenge faced by most youth facilities. He noted that graduated youth are able to access the trades centre which teaches automotive, carpentry and welding, however, it would not be a credited program.
26I find that [FACILITY 1] is not appropriate to meet the education needs of the Applicant. The Applicant will be finished high school within the next few months and there is no avenue for further education at [FACILITY 1]. Although a facility such as [FACILITY 4] would not be able to offer a trades course for credit past high school, graduated youth have access to the trades centre and would therefore have a learning opportunity, despite a lack of accreditation.
The Applicant’s Needs for Programming
27The Applicant’s PO noted that although the Applicant did not identify specific therapeutic programs, she believes he would benefit from anger management as was assessed in the PSR.
28The Applicant also told me that this is something he feels would benefit him. He stated that he discussed this with the [FACILITY 1] Social Worker, but it is not available at the facility. The [FACILITY 1] Social Worker confirmed to me that there is currently no structured programming available at the facility outside of school and recreation.
29The [FACILITY 2] Social Worker advised me that while he was there, the Applicant actively participated in individual programming and met with him weekly. The Applicant’s father noted that the Applicant has an open mind about programming.
30I find that the Applicant’s needs for programming are not being met at [FACILITY 1]. The Applicant has expressed an interest and actively participated in programming while at [FACILITY 2]. There is currently no programming available to youth at [FACILITY 1].
The Applicant’s Need to be With Peers of a Similar Age
31The Applicant expressed that he is frustrated by the younger population at [FACILITY 1]. He is older than his peers at the facility. The Social Worker stated it is challenging for the Applicant to be surrounded by the younger, more immature population. The Applicant inquired with me about the option to transfer to an adult facility. He discussed this with the [FACILITY 1] Social Worker as well. However, making a recommendation for a transfer to an adult facility falls outside the jurisdiction of the CRB. Additionally, the Social Worker noted that should the Applicant be moved to an adult facility, he would be exposed to a greater criminal element which is not desirable. I also note that on the Warrant of Committal, the sentencing Judge recommended that the Applicant’s sentence be served in a youth facility.
32The Applicant indicated that outside of school, which will end soon for him, and gym facilities, he is unable to interact with youth of his own age.
33I find that [FACILITY 1] does not meet the Applicant’s need to be around more mature peers. He is significantly older than the others, and will graduate in a couple of months, while the others remain in school.
The Applicant’s Needs for Indigenous Programming
34As noted above, the Applicant identifies as Indigenous. He advised me that he participates in various Indigenous ceremonies and events every couple of months in the community, which is also noted in the PSR. The [FACILITY 2] Social Worker reported that the Applicant participated in smudging weekly when he was there. The Applicant’s father stated that while on bail, the Applicant spoke regularly with an elder.
35The Applicant told me that there is no Indigenous programming available to him at [FACILITY 1] but wants to participate if it becomes available. The [FACILITY 1] Social Worker advised me that there is smudging available “from time to time.” He stated that a new Indigenous Worker was recently hired but Indigenous programs are not available yet, and he was unsure when they would start.
36I find that while the Applicant’s needs for access to Indigenous supports are not currently available at [FACILITY 1], programs are in the process of being set up. Once these programs start, the Applicant would have access to Indigenous supports and his needs could potentially be met.
The Applicant’s Needs for Proximity to His Family Supports
37[FACILITY 1] is a 16-hour drive from the Applicant’s family’s residence. The Applicant speaks with his father on the phone daily and attempted one video call but was unable to complete it due to technical issues. He advised me that when he was at [FACILITY 2], a 2-hour drive from his family, his father visited him weekly.
38I spoke with the Applicant’s father. He confirmed that he has a close relationship with the Applicant and reported that the Applicant plans to return to live with him when he is released from custody. He recently drove to see the Applicant for a three-day visit, but noted that this is something out of the ordinary which he would not be able to do again in the near future given his employment. Due to weather conditions, the return trip took him three days. He confirmed that when the Applicant was at [FACILITY 2] he visited him regularly. He stated that if it was not possible for the Applicant to return to [FACILITY 2], then [FACILITY 3] or [FACILITY4] (a drive of four to six hours) would still be feasible for regular visitation.
39The Applicant’s PO confirmed that the Applicant’s father is highly supportive and involved in the Applicant’s rehabilitation and reintegration planning and attends all CMRP meetings.
40I find that [FACILITY 1] is not appropriate to meet the Applicant’s needs in terms of proximity to his family. The distance to [FACILITY 1] is a barrier to visitation. Although there would still be significant travel required, a transfer to a closer facility such as [FACILITY 4] or [FACILITY 3] would make family visitation more feasible. The Applicant plans to return to live with his family when he is released. The Applicant’s sentence is over two years, and it is important he maintains bonds with his family.
Conclusion
41I find that [FACILITY 1] is not appropriate to meet the Applicant’s needs for further trades education, programming, his need to be around peers of a similar age or proximity to family. I recommend the Applicant be transferred to [FACILITY 4], which is closer to his family, has a larger population including peers of a similar age and access to programming. Although [FACILITY 4] would not be able to provide credits for trades program, it would afford the Applicant the opportunity to be exposed to further learning in the trades.
RECOMMENDATION
42For the above reasons, I recommend that the Applicant be transferred to [FACILITY 4].
CONFIDENTIALITY ORDER
43Parties 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.
Tracy Foster
Tracy Foster Member