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The court summarily dismissed a youth's moot habeas corpus application seeking Charter damages for alleged unlawful detention.
This case concerns a motion by the Crown and the Ministry of Children, Community, and Social Services to summarily dismiss a habeas corpus application brought by a youth accused of murder, M.J. M.J. was initially detained in an open custody facility, then transferred to a secure facility to facilitate an in-person bail review.
After being released on bail, M.J. continued her habeas corpus application, seeking Charter costs and damages for alleged unlawful detention.
The court granted the summary dismissal, finding that habeas corpus is not available for a person no longer detained and that claims for Charter damages and compensation should be pursued in civil courts, not joined with criminal habeas corpus applications.
The court also declined to exercise its discretion to hear the moot application, emphasizing judicial economy and the proper function of criminal courts.
Paralegals cannot serve as suitable adults for unrepresented youth under the Youth Criminal Justice Act.
A 17-year-old youth charged with two counts of assault appeared in youth court with a paralegal, Leopoldo Llorente, rather than with counsel.
The youth and his father had attempted to access legal aid but were unable to reach the Legal Aid Ontario toll-free line.
The paralegal sought to be recognized as a suitable adult under section 25(7) of the Youth Criminal Justice Act to assist the youth.
The court held that paralegals are not eligible to be considered suitable adults under section 25(7) and directed that the youth be represented by counsel under section 25(4) of the Act.
