Young Person v. Provincial Director, 2026 ONCRB 4

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 12, 2026 Citation: 2026 ONCRB 4 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 in [city 1]. The Applicant requested to be transferred to an open detention facility to be in a less restrictive environment.

2After conducting the needs assessment, under subsection 152 (7) of the CYFSA, the CRB is able to make recommendations to the Provincial Director in regard to the review the level of detention of the young person, including 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;
• [sister], the Applicant’s sister and guardian;
• BR, Youth Services Officer;
• JT, Intake Social Worker at [FACILITY 1];
• JM, Unit Social Worker at [FACILITY 1]; and
• KP, Probation Officer (“PO”).

4In addition, I reviewed the following documents related to the Applicant:

• The CRB Application, dated [date];
• A Warrant Remanding a Young Person, dated [date]; and
• A Level of Detention Assessment (“LODA”) dated [date].

BACKGROUND

5The Applicant is [age] years old. This is his first involvement with the Youth Justice System. His charges include multiple offences occurring between [month year] and [month year]. The offences involve robbery with violence or threats of violence, multiple property offences, theft of a vehicle, theft and fraud. The Applicant has also been charged with two failures to comply with the conditions of his release order.

6The Applicant advised me that prior to his placement at [FACILITY 1], he was living with his sister while on bail. His bail conditions included house arrest. He advised that his sister is his legal guardian. [sister], the Applicant’s sister also advised me that she is his legal guardian. She stated that she has been his guardian for four years, but he has only lived full time with her for the past year. The Applicant indicated that he has no relationship with his mother and father and stated they have substance abuse issues. The Applicant was involved with the children’s aid society prior to living with his sister.

7The Applicant was arrested for failing to comply with his house arrest at his sister’s house. She reported this to police and he was arrested. The Applicant advised me that he plans to present a new bail plan in a couple of weeks and is hoping he is released back with his sister. He maintains a good relationship with his sister and speaks with her daily on the telephone.

8The [FACILITY 1] Unit Social Worker advised me that the youth has experienced a traumatic past in relation to his parents and the Applicant does not want them involved in his case management. The Applicant advised me of the same. However, he has not participated in counselling in the community and has not participated in counselling or programs since his incarceration.

9The Applicant is currently in grade [number] and has two credits.

10The Applicant and his sister both told me that he is diagnosed with autism and Attention Deficit Hyperactivity Disorder (“ADHD”). He was taking medication for ADHD in the community but discontinued it due to side effects.

The Applicant’s Behaviour at [FACILITY 1]

11The Applicant recently transferred to a living unit from the intake unit. While on the intake unit, the Applicant interacted well with staff and peers. He advised me that he had some “concerns” with a couple of the others on the intake unit, but did not get into any physical altercations. He also told me that he did not have any safety concerns.

12The [FACILITY 1] Youth Services Officer advised me that at the beginning while the Applicant was on the intake unit there was some conflict but no physical altercations. The [FACILITY 1] Intake Social Worker noted that overall his behaviour was acceptable, and that he got along well with peers. The [FACILITY 1] Living Unit Social Worker advised me that while on the Intake Unit he had moved from level one to level two (a positive progression) in the behaviour assessment program, but the Applicant had been moved back to level one. There were no behaviour reports related to this, and there does not seem to be a specific incident that caused the re-levelling. His reports seem to indicate repeated questioning of staff and some problems following direction. This could be attributed to his autism diagnosis. She noted that he has been interacting well with peers and staff on the living unit.

ISSUES

13The issue to be determined is:

a. Is the Applicant’s placement at [FACILITY 1] appropriate to meet his needs?

RESULTS

14I find that the Applicant’s placement at [FACILITY 1] is appropriate to meet his needs. I confirm the Provincial Director’s decision to place him there.

ANALYSIS

15In 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 by the Provincial Director is appropriate to meet his needs.

16A Case Management Reintegration Plan (“CMRP”), a report which provides information pertaining to a young person’s needs was not available at the time of this decision.

17The Applicant seeks to be transferred to an open detention facility.

18The Applicant did not express any specific reasons for a transfer to an open facility other than a desire to be in a less restrictive environment. His other current needs appear to pertain to maintaining family relationships, his physical and mental health and education. The Applicant did not express any safety concerns.

19Under section 148(1) of the CYFSA, the Provincial Director must place a youth in a place of open temporary detention unless the Provincial Director determines that one of the exceptions under section 148(2) apply. These exceptions involve consideration of the seriousness of the offence, the young person’s escape risk, and the substantial likelihood of the young person committing a criminal offence or interfering with the administration of justice if he/she is placed in open custody, as well as ensuring court attendance, public safety or safety and security within the facility. I have considered these factors in the determination of whether the current placement is appropriate to meet his needs.

The Applicant’s Current Needs

The Applicant’s Need to be in a Less Restrictive Environment

20The Applicant’s LODA assessed him as eligible for placement in a secure facility due to his being charged with an offence that would be liable to imprisonment for five years or more and the offence includes causing or attempting to cause bodily harm to another person. I also note that the Applicant was placed in detention due to breaching his house arrest bail conditions.

21The Applicant expressed the reason he wants to be transferred to an open facility is so that he can “go on walks, to the movies and to the YMCA.” He said he does not like being in his room and feels that he would have more freedom at an open facility.

22Based on the above, I find that a transfer to open custody would potentially increase the risk to the community considering the number and nature of offences, including the Applicant’s breached house arrest conditions. I find that the structure and supervision at a secure facility such as [FACILITY 1] is appropriate to meet his needs and that the Applicant will benefit from the structure and support.

The Applicant’s Need to Maintain a Relationship with his Family

23The Applicant has experienced a great deal of trauma and instability with respect to his relationship with his parents. His sister/guardian advised me that the Applicant intends to live with her when he is released. The Applicant advised me that his new bail plan involves her being his surety again. His sister noted that he has experienced periods of homelessness and lived with his father, who is entrenched in the criminal justice system with substance abuse issues, for a few months around a year ago. She believes some of the Applicant’s offences occurred due to his living situation.

24As noted, the Applicant has diagnoses of autism and ADHD. His sister reported that he does not receive external supports from any community agency. He was involved with the children’s aid society for a period before he moved in with her, but the society is no longer involved. She said she is his main support person in the community.

25The Applicant’s PO and the [FACILITY 1] Unit Social Worker both advised me that his mother reached out to the PO recently indicating that she would like to be involved in his case management. The Applicant has made it clear he does not want her involved. He advised me of the same and said he has not spoken to her for four years.

26The Applicant’s sister lives an approximately 90-minute drive away from [FACILITY 1]. The Applicant relayed that he speaks with his sister on the phone daily. His sister told me that the Applicant has not yet reached a behaviour level that allows her to visit but that she would visit in person when she is able. The Applicant advised me that he recently had a video call with her.

27Based on the above, it is important that the Applicant maintain relationships with his guardian sister and other siblings and family members in the area. I find that [FACILITY1] can support these relationships through phone and video contact as well as in person visitation. Additionally, the facility is also accessible to his guardian sister should he wish for her to be involved in his case management planning.

The Applicant’s Physical and Mental Health Needs

28As noted earlier, the Applicant is diagnosed ADHD. Currently, he is not undergoing pharmacological management for ADHD.

29The Applicant advised me that he has difficulty sleeping at the facility. In the community he said he uses cannabis to help him sleep. The Applicant’s sister confirmed that she has observed his reliance on cannabis to help him sleep. When I spoke with the Applicant originally, he advised me he had not yet seen the doctor but would speak with him about it when he saw him.

30The Applicant has not sought counselling, but it is open and available to him. As discussed earlier, the Applicant has been exposed to trauma and instability. The Applicant also advised me that he has spoken with the chaplain.

31I find that [FACILITY 1] is appropriate to meet the Applicant’s physical and mental health needs. [FACILITY 1] provides access to medical staff, social workers, a psychologist and psychiatrist should the Applicant seek these resources.

The Applicant’s Academic Needs

32The Applicant is in grade [number] and has two credits. When I spoke with the Intake Social Worker the Applicant had not yet been academically assessed. The Applicant attended school regularly when he arrived at the facility, but there was a 2-week school break shortly after he arrived. He has continued attending classes after the break. The Applicant advised me he is doing well at the facility school.

33The Applicant told me he did not attend high school in the community until he moved in with his sister. She advised me that he has an Individualized Education Plan (“IEP”). She also noted he was in the process of registering for online school when he was arrested and placed at [FACILITY 1]. The Applicant told me that he plans to continue his education when he returns to the community. The Warrant Remanding a Young Person notes that the Applicant is autistic and has learning disabilities.

34I find that [FACILITY 1] is appropriate to provide the Applicant with the educational resources he requires. He has been attending school at the facility without incident. Given his learning disabilities and autism, as well as previous instability, I am of the view that the structure and supervision at the facility will be beneficial.

Conclusion

35I find that [FACILITY 1] is appropriate to meet the Applicant’s needs. In my view, the level of detention determined by the Provincial Director is appropriate for the Applicant. [FACILITY 1] can meet the Applicant’s needs related to maintaining familial relationships, physical and mental health and education.

RECOMMENDATION

36For the above reasons, I recommend that the Applicant remain at [FACILITY 1].

CONFIDENTIALITY ORDER

37Parties 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