WARNING
The court hearing this matter directs that the following notice be attached to the file:
This is a case under the Youth Criminal Justice Act and is subject to subsections 110(1) and 111(1) and section 129 of the Act. These provisions read as follows:
110. IDENTITY OF OFFENDER NOT TO BE PUBLISHED — (1) Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the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.
111. IDENTITY OF VICTIM OR WITNESS NOT TO BE PUBLISHED — (1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if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.
129. NO SUBSEQUENT DISCLOSURE — No person who is given access to a record or to whom information is disclosed under this Act shall disclose that information to any person unless the disclosure is authorized under this Act.
Court Information
Ontario Court of Justice
Date: 2017-09-22
Court File No.: Y17-0335, Y-17-0520, Y-17-0521
Between:
Her Majesty the Queen
— and —
TCM, a young person
Bail De Novo s.33 YCJA
Before: Justice Joseph F. Kenkel
Heard and Delivered on: 22 September, 2017
Counsel
Ms. Shambavi Kumaresan — Counsel for the Crown
Ms. Deanna Sun — Duty Counsel for the Youth TCM
Decision
KENKEL J.:
[1] TCM was charged in June with assault, carrying a concealed weapon, failing to comply with a youth court sentence and threatening to cause bodily harm. He was released on a $1000 bail with his father as surety. On the next appearance TCM did not appear and a discretionary warrant was issued. That was continued on July 13th and July 20th and was rescinded on July 27th.
[2] On September 14th the young person did not appear in court. His father applied to be relieved from his obligation as surety. The discretion was removed from an August 31st warrant resulting in an order for the young person's arrest.
[3] TCM was arrested and brought back before the court on September 18, 2017. He was charged with further offences – theft, possession of stolen property x 2, possession of a burglary tool and failing to comply with a recognizance by failing to live with his surety. He was also charged with possession of hydromorphone and with illegally obtaining a Schedule IV substance contrary to the CDSA.
[4] TCM was again released on these charges but he has not met the surety bail and this hearing considers anew the issue of bail. The Crown consents to a release with a surety with a condition to reside with the surety. The defence seeks release to the supervision of Bail Program where the young person will live in a shelter and report bi-weekly to the Bail Program office.
[5] I'm mindful of the special circumstances of young persons that apply even to those like TCM who will be 18 in just two months. Section 3 of the Youth Criminal Justice Act sets out the general principles that inform all YCJA proceedings. Incarceration prior to trial is a last resort, and that general principle applies with stronger force in youth matters.
[6] If the supervision of the young person's father, in the family home, was not sufficient to ensure that the accused attend court and was not sufficient to prevent numerous alleged further offences, I cannot find that the proposed supervision by Bail Program with TCM living in a shelter in Barrie would be a reasonable alternative. That's no reflection on Bail Program or the other agencies who are prepared to continue to work with TCM. The young person has a conviction for failing to comply with bail, he is charged with failing to comply with a youth court sentence, and while on bail for that alleged offence and others it's alleged he failed to appear in court, failed to comply with a condition that he reside with his surety and it's alleged he committed numerous other criminal and drug offences.
[7] I agree that detention is available under the YCJA in these circumstances but not necessary if there were a surety to supervise a recognizance. Without that supervision the evidence shows the young person is not likely to return to court and is substantially likely to commit further offences. I will release the youth on a recognizance in the amount of $1000 with the following conditions:
Bail Conditions
Keep the peace and be of good behaviour
Attend court as required
Reside with your surety and provide that address to the officer-in-charge. Do not change that address without 48 hours prior notice to the officer-in-charge.
Not possess any weapons as defined by the Criminal Code
Not possess any controlled drugs or substances as defined in the Controlled Drugs and Substances Act unless pursuant to a prescription bearing your name and lawfully issued to you
Attend school or seek and maintain employment
Take counselling with respect to drug use
Not to have any contact with the complainant directly or indirectly by any means including electronic communication
Do not attend within 100 metres of any known place of residence, employment or education of the complainant.
Delivered: September 22, 2017
Justice Joseph F. Kenkel