Young Person v. Provincial Director, 2026 ONCRB 6

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 14, 2026

Citation: 2026 ONCRB 6

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 [FACILITY 2], a secure detention facility in [city 2], to be closer to his family and for access to additional programming.

2Under subsection 152(1)(a) of the CYFSA, the CRB can 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;
• [mother], the Applicant’s Mother;
• KS, Social Worker at [FACILITY 1];
• SS, Youth Service Officer at [FACILITY 1];
• GT, Manager at [FACILITY 3];
• AB, Social Worker at [FACILITY 2]; and
• VB, the Applicant’s Probation Officer (“PO”).

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

• A CRB Application, dated [date];
• A Level of Detention Assessment (“LODA”), dated [date]; and
• A Warrant of Remanding a Young Person, dated [date]; and
• A Case Management/Reintegration Plan (“CMRP”), dated [date].

ISSUE

5The issue to be determined is:

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

RESULT

6I find that the Applicant’s placement at [FACLITY 1] is not appropriate to meet his needs. I recommend that the Applicant be transferred to [FACILITY 2] where he can participate in additional programming and be closer to his family, who reside in the same community as [FACILITY 2].

BACKGROUND

7The Applicant is [age] years old. He is detained on multiple charges involving property offences, assault with a weapon, dangerous operation, resisting a peace officer, assaulting a peace officer, possession of a schedule I substance for the purpose of trafficking and failing to comply with a release order. The Applicant also has multiple outstanding charges involving assault, robbery with violence, possession of substances, vehicle theft, possession of property over $5,000, credit and identity offences. The Applicant’s PO advised me that most of the offences were committed while the Applicant was on probation or release orders. The Applicant and his mother both advised me that the outstanding charges date back to [year] and [year] and that the Applicant has a resolution hearing to deal with these charges this month.

8The Applicant was detained twice previously at [FACILITY 3] in [city 3] in [year]; for around six weeks in the summer and three weeks in the fall. He has also been detained previous at [FACILITY 2] on previous occasions. His latest detention at [FACILITY 2] was from [month] to [month year] until he was released on bail.

9The Applicant lives with his family in [city 2]. His PO told me that his family, and especially his mother, is very supportive of him and engaged in his case management. However, when the Applicant was released on bail in [month year], he was placed in the care of the children’s aid society (“CAS”) which acted as his surety. He lived in a temporary rental, supervised by two CAS workers, and was subject to a curfew during this time.

10The Applicant’s mother advised me she signed a temporary care agreement with CAS. The Applicant’s PO noted that the Applicant’s mother had been seeking the support of CAS for “years” because of the Applicant’s aggressive and criminal behaviours which endangered the family. The Applicant’s mother told me that she involved the CAS because some of the Applicant’s behaviours were scary with her younger daughter in the home. She said before the Applicant could return home, she wanted to see behavioural changes and for him to demonstrate he would abide by rules. The Applicant’s mother noted that during his time on bail/supervision with the CAS, he also visited the family home regularly and sometimes stayed overnight. She told me that the Applicant breached his curfew a few times. The Applicant also advised me that he was detained at [FACILITY 4] in [city 4] for one night in [month year] after ammunition was found in his possession. He was re-released on bail the following day.

11The Applicant is in grade [number] and has nine credits towards his high school diploma. The Applicant’s mother noted that he was enrolled in school during his bail period, but only attended a few times per week.

12The Applicant did not disclose any mental health or physical health concerns. However, the Social Worker at [FACILITY 2] reported that the Applicant is diagnosed with Attention Deficit Hyperactivity Disorder (“ADHD”), and received pharmaceutical intervention while there.

13The Applicant disclosed that he has substance abuse issues, specifically with Percocet and marijuana. His mother also indicated he uses alcohol and that the Applicant has struggled with alcohol and substance abuse for a few years.

The Applicant’s Behavioural History at [FACILITY 2] and [FACILITY 3]

14The [FACILITY 2] Administrator and the Applicant’s PO reported that while he was detained at [FACILITY 2] in [year], the Applicant was aided by an external party in smuggling substances into the facility by drone. The Administrator also advised me that the facility had to change its in-person visitation policy to physically separate visitors with plexiglass due to suspicions that the Applicant’s visitors brought contraband substances to him. The Administrator indicated that after the Applicant left the facility, there was no issue with contraband substances in the facility. The Administrator also noted that during his recent detention at [FACILITY 2], there were no instances of the Applicant smuggling in contraband. However, the plexiglass for visitors policy remains in effect at the facility.

15The Applicant’s behaviour during his latest period of detention ([month] to [month year]) at [FACILITY 2] improved. The [FACILITY 2] Social Worker advised me that the Applicant had been oppositional and defiant during previous placements there. During the initial two months of his detention in [year] the Applicant received two behaviour reports for threatening and defying staff. He was also involved in one physical altercation with a peer but was not the instigator and complied with staff direction to return to his room.

16The [FACILITY 2] Social worker noted that in the last four months of his placement, the Applicant’s behaviours improved significantly. He was engaged in school and programming. The [FACILITY 2] Social Worker reported that the Applicant attended programming for building strategies and skills to transition to the community, an employment services workshop, Alcoholics Anonymous (“AA”) and anger management. He also met with the Social Worker one-on-one. The Applicant’s mother noted that the Applicant was progressing well during this time. She also said that while he was on bail, the Applicant participated in programming through the [name] Society specific to anger management and peer pressure. At [FACILITY 2], the Applicant attended school regularly and the [month year] CMRP contained positive reports from his teachers with regards to his progress and effort. The Applicant was at a level four, the highest level in the behaviour assessment program, when he was released on bail in [month year]. The [FACILITY 2] Administrator also acknowledged that the Applicant’s behaviours were better during his latest placement, and that the facility would be amenable to his return at this time.

17The [FACILITY 3] Manager reported that during his placements at [FACILITY 3] (in [year]), the Applicant’s behaviours were not ideal. He engaged in a few altercations with peers, attempted to assault a staff member and did property damage.

18The Applicant’s PO stated that the Applicant tends to “take over” the units in the facilities where he has been placed. She acknowledges that the Applicant’s latest placement at [FACILITY 2] went well, despite his previous incidents with contraband, though she also reported that he has been resistant to programming in the community and his reporting on supervision has not been consistent in the past. The Applicant’s mother noted that the PO has not been actively supervising the Applicant in the community for over a year.

The Applicant’s Behaviour at [FACILITY 1]

19Since his placement at [FACILITY 1], there have been no behavioural issues involving the Applicant. The Youth Services Officer and Social Worker both reported that he interacts well with peers and staff. There was a two-week school break, but school has since resumed, and he attends regularly and is engaged. The Applicant is currently at level three in the behaviour assessment program and staff informed me that he is on course to be at level four (the highest level) soon.

ANALYSIS

20In 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.

21A recent 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.

22The Applicant’s current needs pertain to proximity to family, access to programming including substance use and anger management programming and education.

23The Applicant seeks to be transferred to [FACILITY 2] for access to programming and to be closer to his family.

The Applicant’s Current Needs

The Applicant’s Needs for Programming

24The Applicant requested to be transferred to a facility with access to more programming. Specifically, he stated that he is seeking programming for substance abuse and anger management.

25The [FACILITY 1] Social Worker discussed programming for the Applicant with the Applicant’s mother. He said the Applicant and his mother had both separately expressed that this period of incarceration is a good opportunity for him to focus on substance abuse, anger management and life skills programs. The Social Worker also stated that the Applicant appeared sincere in his desire to focus on these areas. The Applicant advised me that the Social Worker told him on intake there was a lack of programming available at the facility.

26The Applicant’s mother told me that the Applicant has recently been more communicative to her about his substance abuse and criminal behaviours. She said he told her he is on a bad path and doesn’t know how to change it.

27The [FACILITY 1] Social Worker informed me that there is currently no structured programming at the facility other than education and recreation. The Youth Service Officer noted that the Applicant had not discussed any specific programming with her and indicated that if he wanted to participate in a specific program, he can work with the social worker and healthcare worker. However, these programs would be self-guided and one-on-one.

28I find that the Applicant’s needs for programming are not being met at [FACILITY 1]. Although there is some self-guided programming available, the [FACILITY 1] Social Worker indicated that there is no structured programming. He states the Applicant is focussed on receiving rehabilitative support and that he is supportive of the Applicant’s transfer to a facility that can provide more structured support. The Applicant has articulated that he wants to take the opportunity to focus on this programming while he is incarcerated. He was successful and engaged and sought out programming during his latest placement at [FACILITY 2], where there was access to structured programs, in both one-on-one and group format.

The Applicant’s Needs for Proximity to His Family

29[FACILITY 1] is a 15-hour drive from the Applicant’s home. The Applicant speaks with his mother on the phone daily. He stated that when he was at [FACILITY 2], in the same community as were his family lives, his mother visited him weekly.

30The Applicant’s mother confirmed that she and other family members visited him weekly while he was at [FACILITY 2]. As mentioned earlier, the Applicant’s PO stated that the Applicant’s mother is highly supportive of him. She attends all his case management meetings and engages with workers and supports at each of the facilities where he has been placed. The Applicant’s mother told me that she wants to continue to be engages in her son’s case management and it is better if she can attend in person.

31I 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 and in-person involvement in case management meetings. The Applicant has expressed a desire to seriously engage in programming and his family’s in-person support would be beneficial, especially given he is still relatively young.

The Applicant’s Education Needs

32The Applicant is in grade [number] and has [number] credits. He has been attending school regularly and the Youth Service Officer reports he is progressing in school with little to no assistance from the teachers.

33The Applicant’s mother told me he was truant from school a great deal during his bail period, and the structured environment has been beneficial for her son’s education needs.

34Based on the above, I find that [FACILITY 1] is appropriate to meet the education needs of the Applicant.

Conclusion

35I find that [FACILITY 1] is not appropriate to meet the Applicant’s needs for programming, and proximity to family. [FACILITY 1] is appropriate to meet the Applicant’s academic needs. I recommend the Applicant be transferred to [FACILITY 2], which is closer to his family and provides access to structured programming where he was previously engaged and successful. Should he be transferred, [FACILITY 2] is equally appropriate to meet the Applicant’s educational needs and therefore I afforded less weight to this need.

RECOMMENDATION

36For the above reasons, I recommend that the Applicant be transferred to [FACILITY 2].

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