The Youth Criminal Justice Act (YCJA) protects the privacy of young people in many ways, including by limiting access, use and sharing of youth records. The Canadian Broadcasting Corporation, CTV News, The Globe and Mail Inc., Toronto Star Newspapers Limited and La Presse (“the applicants”) are challenging the constitutionality of key provisions in the records regime. Specifically they challenge the constitutionality of sections 118, 119, and 129 of the YCJA.
Section 119(1) identifies classes of people who can access youth records on request during the open access period. All other people, including the media, must bring an application to a youth court seeking access to the records.
The applicants ask the Court to read the recognized news media into section 119(1) of the YCJA as a class of persons presumptively entitled to access to youth court records. Alternatively, they seek a declaration that subsections 118(1) and 119(1)(s) of the YCJA are of no force and effect. Section 118(1) prohibits disclosure of youth records and information except as authorized or required by the YCJA.
The applicants also seek a declaration that s. 129 is of no force and effect. Section 129 addresses the disclosure and use of the records and information gained under the YCJA.
Recognizing the outcome of this application will affect the rights and interests of children and young people across Canada, JFCY brought a motion for leave to intervene. The Superior Court granted the motion, allowing JFCY to intervene as a friend of the Court and the right to attend witness examinations.
The hearing is scheduled for February 9 and 10, 2026. JFCY will file its factum in advance of the hearing dates.
