R v ZW [Access to YCJA Pre-Sentence Report]
Court: Ontario Court of Justice, 2016
JFCY acted as amicus curiae to the Ontario Court of Justice where the applicant was a plaintiff in a negligence action before another court. Terrace Youth Residential Services and ZW, a young person under the Youth Criminal Justice Act (YCJA), were named as co-defendants in the action.
The YCJA has strict privacy protections for young people and the applicant was required to file an application to the court asking for for access; in this case, the access requested is to the young person’s pre-sentence.
The court struck a balance between the young person’s privacy interest and the applicant’s specific interest in the proper administration of justice. Limited access was granted and dissemination of the report by the applicant is not permitted.
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