A motion was brought by counsel for a 15-year-old youth in a child protection proceeding to strike portions of child protection worker affidavits that referenced the youth's criminal history and police involvement.
The youth's counsel sought to rely on sections 118 and 119 of the Youth Criminal Justice Act to restrict access to youth criminal records.
The child protection agency opposed the motion, arguing it required access to this information for the child protection proceeding.
The court dismissed the motion, finding that the information in the child protection affidavits did not constitute "youth records" as defined by the YCJA, as they were created for the child protection proceeding and were based on the workers' personal knowledge.
Additionally, even if the information were youth records, the child protection agency would be entitled to access under section 119(1)(n) of the YCJA as an agency engaged in the supervision or care of the youth under provincial child welfare legislation.
