A youth justice court considered an application under Part VI of the Youth Criminal Justice Act seeking access to police records created during a police detention of a young person where no charges or extrajudicial measures followed.
The records were required by both parties for use in Human Rights Tribunal proceedings alleging police discrimination.
The court held that the statutory scheme did not expressly address access to records created in such circumstances.
Applying principles of statutory interpretation and necessary implication, the court concluded that the young person could access the records under ss. 122 and 124 of the Act and could disclose them for purposes of the Human Rights litigation.
Strict conditions were imposed to preserve the confidentiality protections of the YCJA.
