C.F. v. Canada and Manitoba et al. (No. 2), (1984) 30 Man.R.(2d) 297 (CA)

• Judge: Matas, O'Sullivan and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: October 29, 1984
• Jurisdiction: Manitoba
• Citations: (1984), 30 Man.R.(2d) 297 (CA)

C.F. v. Can. (1984), 30 Man.R.(2d) 297 (CA)

MLB headnote and full text

C.F. v. The Queen, Minister of Community Services and Corrections, Attorney-General of Manitoba, Bock, Acting Assistant Deputy Minister for Corrections, and Bakken, Superintendent of the Manitoba Youth Centre

(Suit No. 307/84)

Indexed As: C.F. v. Canada and Manitoba et al. (No. 2)

Manitoba Court of Appeal

Matas, O'Sullivan and Huband, JJ.A.

October 31, 1984.

Summary:

A young offender posed several questions for determination by the court, among them whether designation of one cottage at the Manitoba Youth Centre as a place or facility of "open custody" was contemplated by the Young Offenders Act.

The Manitoba Court of Queen's Bench, in a decision reported in 30 Man.R.(2d) 120, allowed the application and determined that the designation was not proper within the contemplation of the Young Offenders Act. The Crown appealed.

The Manitoba Court of Appeal allowed the appeal.

Criminal Law - Topic 8807

Juveniles (young offenders) - Punishments - Committal into custody - Under s. 24(1) of the Young Offenders Act, the Lieutenant Governor in Council may designate a place of open custody for purposes of the Act - The Manitoba Court of Appeal held that the Lieutenant Governor-in-Council was limited to designation of places of those kinds specified in s. 24(1)(a) and (b) - See paragraph 15.

Criminal Law - Topic 8807

Juveniles (young offenders) - Punishments - Committal into custody - The Manitoba Court of Appeal held that Peguis Cottage of the Manitoba Youth Centre was a child care institution within the meaning of s. 24(1)(a) of the Young Offenders Act and was therefore capable of being designated by the Lieutenant Governor-in-Council as a place of "open custody" - See paragraph 15.

Statutes Noticed:

Young Offenders Act, S.C. 1980-81-82, c. 110, sect. 20(1)(k) [paras. 3, 6]; sect. 24(1) [paras. 4, 12]; sect. 24(1)(a), sect. 24(1)(b) [paras. 6, 15]; sect. 24(2) [paras. 4, 6]; sect. 35 [paras. 5-6].

Counsel:

L.H. Kee, for the appellant;

M.S. Minuk and M.B. Nepon, for the respondent.

This appeal was heard before Matas, O'Sullivan and Huband, JJ.A., of the Manitoba Court of Appeal on October 29, 1984, when the Court of Appeal delivered its decision. The reasons for decision were delivered by Matas, J.A., on October 31, 1984.