ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: YC-AP-009-11
DATE: 2012-01-18
IN THE MATTER OF THE EDUCATION ACT
B E T W E E N:
S.L.
self represented
Appellant
- and -
HER MAJESTY THE QUEEN
unrepresented
Respondent
HEARD: December 14 , 2011, at Thunder Bay, Ontario
Mr. Justice J.F. McCartney
Decision On Appeal
[ 1 ] This is an Appeal from the Sentence imposed on the Appellant after she plead guilty to truancy under the S. 30 (5) of the Education Act in the Youth Criminal Justice Criminal Court. The Appellant and her parents spoke on her behalf. The Crown was not represented, but Marianne Berner was present for the Lakehead Public School board.
[ 2 ] I have reviewed the transcript of evidence and heard submissions by the appellant and her parents. No submissions were made by the Crown or the School Board except to say that they wished the Appeal dismissed.
[ 3 ] The Appellant plead guilty to the charge and sentence was suspended and a period of probation imposed. The Appellant asks that the sentence be set aside and an absolute discharge be granted.
[ 4 ] The concern here seems to be that the appellant felt that the record that followed her conviction in the Youth Criminal Justice Court would have a negative effect on her future.
[ 5 ] The matter was commenced under the Provincial Offences Act, and there is no explanation given why it was not placed in the Provincial Offences Court for hearing in the first instance before a Justice of the Peace. Under s. 30(5), which was amended in 2006, it is mandated that this offence be tried in the first instance in the Provincial Offences Court. Clearly the legislators did not intend an offence of this nature to have a criminal label attached to it.
[ 6 ] For all of the above reasons, I am setting aside both the conviction and sentence herein. The matter is to be sent to the Provincial Offences Court to be dealt with in that venue.
The Hon. Mr. Justice J.F. McCartney
Released: January 18, 2012
COURT FILE NO.: YC-AP-009-11
DATE: 2012-01-18
ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: S.L. Appellant - and – HER MAJESTY THE QUEEN Crown DECISION ON APPEAL McCartney J.
Released: January 18, 2012
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