Resources

Cases & Decisions

• BVN & BWP v R [General Deterrence & the YCJA]

  Justice for Children and Youth appeared as interveners at the Supreme Court of Canada on these two cases which were heard together, appealing decisions from the Courts of Appeal in British Columbia and Manitoba. The cases involved sentencing appeals in which the issue was whether general deterrence was a factor to be considered in sentencing a young person under the YCJA.

• R v AM [Sniffer Dogs in Schools]

  JCCY intervened at the Supreme Court of Canada in a case against a student at a Sarnia high school. Using a practice that some schools and boards liked more than others, the principal invited the police to drop by with their sniffer dogs to search for drugs anytime.

• R v SAC [Interpreting “a history that indicates a pattern of findings of guilt” under the YCJA]

  JFCY intervened at the Supreme Court of Canada in this case, appealing a decision from the Nova Scotia Court of Appeal. This case involved a sentencing appeal in which the issues included determining the interpretation of “… a history that indicates a pattern of findings of guilt…”

• R v LTH [Police Interrogation of Young People]

  JFCY intervened at the Supreme Court of Canada in a case against a young person from Nova Scotia. The young person had been charged with dangerous driving causing bodily harm. When he was taken to the police station, the police went through a standard form with him, telling him about his right to refuse to answer questions or to have a lawyer or other adult present. While the officer was reading the form, the responses of the young person seemed to indicate that he did not understand the nature of the form.

• R v KM et al [DNA samples]

  JFCY intervened at both the Ontario Court of Justice and the Ontario Court of Appeal in this case about whether it is constitutional to compel the taking of DNA samples from young people who have been found guilty of designated offences, under ss. 487.051(1) and (2) of the Criminal Code.

• KB and TM v Toronto District School Board and Louie Papathanasakis (principal) Emery Collegiate Institute (Court file 55/06) [School transfers]

  JFCY intervened as a “friend of the court” at a judicial review at the Ontario Divisional Court. Lawyers at JFCY…

• Jackson v Toronto Catholic District School Board et al [Expulsions, Fair Hearing, Right to an Education]

  JFCY was granted intervener standing in a judicial review of an expulsion of an 11 year old boy from a Toronto school. This is one of the first cases before the Ontario Divisional Court to address the application of the Safe Schools Act which has led to a significant increase in the number of students expelled from Ontario public schools.

• Kawartha Pine Ridge District School Board v Grant [Expulsion for marijuana off school property]

  JFCY intervened in case where a high school student had been expelled from school for sharing marijuana with other young people at a house party on a Saturday night.

• R v Banks [Challenge of the Safe Streets Act]

  JFCY represented some young people who were ticketed under the Safe Streets Act for squeegeeing and panhandling.  The defendants challenged the constitutionality…