The Law Society of Ontario brought a certiorari application to quash a youth court judge's order that rescinded prior orders granting the Law Society access to the respondent's youth record for a good character investigation.
The Superior Court granted the application, finding that the youth court judge exceeded his jurisdiction by reconsidering his own prior orders without a material change in circumstances.
The court also found that the youth court judge committed an error of law on the face of the record by incorrectly interpreting section 82 of the Youth Criminal Justice Act as an absolute prohibition on accessing and using a youth record after the completion of a sentence, failing to read it in harmony with section 119 which permits such access.
