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: Sonya Vellenga Date: January 27, 2026 Citation: 2026 ONCRB 9 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] an open detention facility in the [city 1] area. The Applicant seeks a transfer to [FACILITY 2] an open detention facility located in the [city 2] area. The Applicant also identified [FACILITY 3]; an open detention facility located in the [city 2] area as a placement consideration.
2In conducting this review, I spoke to:
- the Applicant;
- S.J., Program Director at [FACILITY 2];
- R.R., Manager at [FACILITY 1];
- J.T., Probation Officer;
- E.F., Assistant Supervisor, [FACILITY 3];
- L.L., Supervisor, [FACILITY 3];
- R.A., Youth Transition Community Support Worker (“CST”), [FACILITY 2].
3In addition, I reviewed the following documents:
- Custody Review Board Application dated [date];
- Warrant of Committal to Custody dated [date].
ISSUE
4Is the Applicant’s placement at [FACILITY 1] appropriate to meet his needs?
RESULT
5The Applicant’s placement at [FACILITY 1] is not appropriate to meet his needs. I recommend that the Applicant be transferred to [FACILITY 2].
ANALYSIS
6On a review under section 152 of CYFSA, the CRB has the authority to review a youth’s placement. In conducting my review and making a recommendation under subsection 152(7)(a)(b) of CYFSA, I must consider whether the current facility at which the Applicant is being held is appropriate to meet the Applicant’s needs.
Background
7The Applicant was sentenced to a place of custody for [number] months. The Applicant told me that he had been detained in several facilities for approximately [number] years including time in [FACILITY 2] More recently, the Applicant has been in secure detention for over [number] years and was transferred to open custody and placed at [FACILITY 1] on [date]. In the Application, the Applicant requested the review because he wanted to move to the [city 3] area to be closer to his family, closer to community resources he was familiar with, and closer to opportunities for school and employment.
8In my interview with the Applicant, he told me about his history in the Youth Justice System. He told me that he had worked hard on his behaviour while detained and that he had graduated from Secondary School while detained. The Applicant told me that he had been working with a Youth Transitional Community Support Worker over the past several years and that this worker is employed with [FACILITY 2]. He told me that he has been working on a reintegration plan for some time and that a placement out of area would be a barrier to his plan.
9In my consideration of the Applicant’s request to be transferred to [FACILITY 2], I focused on the Applicant’s need for continued rehabilitation and future reintegration to his home community.
Rehabilitation and Reintegration
10The Youth Criminal Justice Act (“YCJA”) contains a Declaration of Principles that provides a framework for how the law is to be interpreted. The YCJA requires that the principles of rehabilitation and reintegration be emphasised and that measures implemented should be “meaningful” to the young person and involve the family, community and other agencies where appropriate.
11I spoke with the Probation Officer, and he told me that he can attest to the growth and development of the Applicant. He told me that the Applicant has been focused, regulated, and looking positively to his future. He told me that the Applicant has worked with the Case Manager and Community Support team at [FACILITY 2] over the past several years and that remaining at [FACILITY 1] would interrupt the gains he has made with this rehabilitation team.
12The Probation Officer also told me that he believes risk factors have been mitigated by the youth’s attention to positive behaviour, his attention to his secondary credits and his active participation in programming at previous facilities. He told me that in his opinion, the Applicant has too many reasons to stay on the positive path he is on.
13I spoke with the Supervisor at [FACILITY 1], and he told me that the Applicant is doing well in their program but that he fully supports a move to the Applicant’s home community so that he can fully participate in the reintegration plan the Applicant has developed.
14I spoke with the Supervisor at [FACILITY 3], and he told me that a bed was available at their residence and that they would be willing to consider the Applicant for a placement if a bed is not available at [FACILITY 2]. He told me that the Placement Coordinating Unit would make the final recommendation.
15The CST worker at [FACILITY 2] told me that if the Applicant was placed at [FACILITY 3], he would receive some service from their team, but that because their service was directly tied to [FACILITY 2], it would not be the same level of service.
16I spoke with the Program Director at [FACILITY 2], and he told me that they would be willing to have the Applicant return to [FACILITY 2] when a bed becomes available. He told me that the youth has demonstrated that he wants to change and get on with his life. He told me that there has been a high level of effort in the Applicant’s reintegration planning.
17I spoke with the CST worker at [FACILITY 2] and she told me that she had been working with the Applicant for several years and that he has been actively involved in their programming efforts. She told me that the Applicant will have access to several programs if he can move to [FACILITY 2]. She told me that the Applicant will not have the same access to the services offered by [FACILITY 2] if he remains in the [city 2] area.
18in my interviews with the individuals who are actively working with the Applicant, all have attested to the work the Applicant has done to learn from his mistakes and grow into a responsible and mature young man. I find that the Applicant’s need for continued rehabilitation and reintegration are not being met at [FACILITY 1]. His needs would be better served if he were to be transferred to [FACILITY 2].
Home Community
19The Applicant told me that [FACILITY 1] is not located in his home community and that because of this, he is not able to build the community supports he will need upon release.
20The Applicant told me that he has obtained his secondary credits and is now working on a post secondary plan. He wishes to register at [school] College for [month] and hopes to be accepted in a Trades Program or the Paramedics Program. He plans to live with his mother when he is released, and he wants to qualify for the [FACILITY 2] Works Program as part of his reintegration planning.
21The Applicant told me that his current placement is in the country and that he cannot access the same level of community supports that he would if he were in his home community. This was confirmed by the Supervisor at [FACILITY 1]. Furthermore, as he plans to reside with his mother upon his release, he would need to discontinue any programming he had accessed while at [FACILITY 1]. The Applicant’s need for consistency and predictability in his daily life is important and remaining at [FACILITY 1] would limit and interrupt the Applicant’s choices for his release plan.
22The Applicant has been planning for his reintegration for several years. His plan is contingent on him moving to his home community. He can list the supports of his family and the supports of the Community Team at [FACILITY 2] as important to his continued success. The need to be in his home community was reinforced by the Probation Officer. I find that the Applicant’s need to be in his home community is important to his continued success in the Youth Justice System and that to remain in his placement at [FACILITY 1] would be contrary to this need.
Conclusion
23The Applicant was clear and articulate with me in his request to be transferred to [FACILITY 2]. He identified a need for continued rehabilitation in his home community. He described a strong rehabilitation plan that included community supports and employment supports at [FACILITY 2] and post secondary academic pursuits in his home community. I find that the Applicant’s needs cannot be met at his current placement at [FACILITY 1] as it is outside of the geographic area of his home community. While a transfer to [FACILITY 3] would meet some of these needs, the level of community and employment supports would be fewer at this placement. [FACILITY 2] has the level of community and employment supports that the Applicant has identified in his reintegration plan.
RECOMMENDATION
24For the above reasons, I recommend that the Applicant be transferred to [FACILITY 2].
CONFIDENTIALITY ORDER
25Parties 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 27, 2026
Sonya Vellenga
Sonya Vellenga Member