D.C.F., Re, (1986) 74 A.R. 342 (ProvCt)

• Judge: Fitch, J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: March 27, 1986
• Jurisdiction: Alberta
• Citations: (1986), 74 A.R. 342 (ProvCt)

D.C.F., Re (1986), 74 A.R. 342 (ProvCt)

MLB headnote and full text

D.C.F., Re

Indexed As: D.C.F., Re

Alberta Provincial Court

Youth Division

Fitch, J.

March 27, 1986.

Summary:

A newspaper applied for inspection of the court record in a young offender case.

The Alberta Provincial Court allowed the application.

Criminal Law - Topic 8863

Young offenders - Court records - Record - What constitutes - Tape recording - On a newspaper's application for inspection of a court record, the Alberta Provincial Court held that the newspaper was entitled to listen to the portions of the record on tape and to make electronic copies of the tape - See paragraph 14.

Criminal Law - Topic 8865

Young offenders - Court records - Inspection of - A young offender was tried for assault in open court - A newspaper which was not present at the trial, applied to inspect the record - The Alberta Provincial Court held that the newspaper as a proxy for the public had an interest in the record and was entitled to inspect it, where disclosure of the record was desirable in the interest of the proper administration of justice - See paragraphs 7 to 12 - The court held that the newspaper was entitled to listen to the portions of the record on tape and to make electronic copies of the tape - See paragraph 14.

Criminal Law - Topic 8865

Young offenders - Court records - Inspection of - Notice to young persons - A young offender was tried for assault in open court - The main Crown witness was another young person - A newspaper which was not present at the trial applied to inspect the record - The Alberta Provincial Court held that neither the young offender nor the other young person involved was entitled to notice of the application, because the right to privacy of the young persons was not in issue, but the broader public interest in disclosure or non-disclosure - See paragraphs 4 to 6.

Statutes Noticed:

Young Offenders Act, S.C. 1980-81-82-83, c. 110, sect. 38, sect. 39, sect. 40.

Counsel:

P. Sullivan, for the applicant;

B. Bauer, for the Crown.

This case was heard before Fitch, J., of the Alberta Provincial Court, Youth Division, who delivered the following judgment on March 27, 1986: