The media applicants sought certiorari to quash a Youth Court judge's decision regarding access to youth court records in a high-profile murder case, arguing the judge erred in applying the Dagenais/Mentuck/Sherman Estates test and requiring a formal application.
They also sought to bring a constitutional challenge to the Youth Criminal Justice Act's access provisions.
The court dismissed the certiorari application, finding the Youth Court judge correctly applied the test by balancing the open court principle with the YCJA's privacy protections for young persons, and that a formal application is required for media access under s. 119(1)(s)(ii).
The court also declined to hear the constitutional challenge, stating it should first be heard in Youth Court where a full record is available and which has exclusive jurisdiction over YCJA access issues.
