Her Majesty the Queen v RV and TCHC [access to youth records for eviction]
Court: Superior Court of Justice, 2020 ONSC 251
JFCY intervened in a judicial review where the Toronto Community Housing Corporation (TCHC) sought the youth records of RV, a young person and TCHC resident, for use in an eviction proceeding against RV and his family under the “illegal act” provisions of the Residential Tenancies Act. RV had been charged with an offence on TCHC property. Those charges had been stayed.
The youth court denied access to the records, finding that TCHC’s interest in the records did not outweigh the significant impact on RV’s privacy.
The judicial review of the youth court’s decision raises significant issues about the protection of young people’s privacy rights under the Youth Criminal Justice Act and the proper use of records generated by the youth criminal justice system, given the need to protect young people against stigmatization and to promote their rehabilitation.
The case was ultimately found to be moot as TCHC was no longer seeking the records, but the Court agreed with JFCY’s submissions and commented that youth court judges are entitled to consider the impact on a young person’s privacy and other interests when deciding whether to disclose their records.
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