WARNING
THIS IS AN APPEAL UNDER THE
YOUTH CRIMINAL JUSTICE ACT
AND IS SUBJECT TO:
(1) Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act…
(1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person…
(1) Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or 46(1) (prohibition against disclosure) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
CITATION: R. v. B.A., 2009 ONCA 41
DATE: 20090116
DOCKET: C49119
COURT OF APPEAL FOR ONTARIO
Doherty, MacPherson and Lang JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
B.A. (a young person)
Appellant
Perry D. Schott, for the appellant
Michelle Campbell, for the respondent
Heard: January 15, 2009
On appeal from the sentence imposed by Justice Forsyth of the Ontario Court of Justice dated March 19, 2008.
APPEAL BOOK ENDORSEMENT
[1] On consent, the appeal is allowed. The adult sentence is varied to a suspended sentence followed by probation for six months. The sentence is on each count concurrent and takes into account the 149 days in custody.