M.A.D., Re, (1986) 72 A.R. 358 (ProvCt)

• Judge: Fitch, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: January 23, 1986
• Citations: (1986), 72 A.R. 358 (ProvCt)

M.A.D., Re (1986), 72 A.R. 358 (ProvCt)

MLB headnote and full text

M.A.D., Re

Indexed As: M.A.D., Re

Alberta Provincial Court

Youth Division

Fitch, P.C.J.

January 23, 1986.

Summary:

After an alien young offender was found guilty of an offence a citizenship officer requested access to his court records to determine if he had committed an offence disqualifying him from citizenship under s. 20 of the Citizenship Act.

The Alberta Provincial Court, Youth Division, held that a finding of guilt under the Young Offenders Act was not a conviction under s. 20 of the Citizenship Act and denied the officer access to the records.

Aliens - Topic 2545

Naturalization - Disqualifications - Convictions of offence - The Alberta Provincial Court, Youth Division, held that a finding of guilt under the Young Offenders Act was not a conviction within the meaning of s. 20 of the Citizenship Act and was not a disqualification for citizenship.

Criminal Law - Topic 8726

Young offenders - Status of young offenders - Finding of guilt - Effect of - The Alberta Provincial Court, Youth Division, held that a finding of guilt under the Young Offenders Act was not a conviction within the meaning of s. 20 of the Citizenship Act and was not a disqualification for citizenship.

Criminal Law - Topic 8865

Young offenders - Court records - Inspection of - The Alberta Provincial Court, Youth Division, held that, because a finding of guilt under the Young Offenders Act was not a conviction under s. 20 of the Citizenship Act for the purpose of disqualification from citizenship, a citizenship officer was not entitled to see court records respecting a young offender under s. 40(1) of the Young Offenders Act - See paragraph 18.

Statutes - Topic 2270

Interpretation - Presumptions and rules in aid - Change of wording denotes change of meaning - The Alberta Provincial Court, Youth Division, held that the use of the term "found guilty" in the Young Offenders Act instead of "convicted" as used in the Criminal Code indicated that Parliament did not intend a finding of guilt under the Young Offenders Act to be a conviction - See paragraph 11.

Cases Noticed:

R. v. R.I. et al. (1985), 44 C.R.(3d) 168, appld. [para. 15].

Statutes Noticed:

Citizenship Act, S.C. 1977, c. 108, sect. 20(2).

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 294(b), sect. 423(6), sect. 423(7), sect. 500(1), sect. 741(1).

Young Offenders Act, S.A. 1984, c. Y-1, sect. 12(1).

Young Offenders Act, S.C. 1980-81-82-83, c. 110, sect. 5(1), sect. 19, sect. 27, sect. 40(1), sect. 40(3), sect. 52(1) [appendix].

Authors and Works Noticed:

Cote, The Interpretation of Legislation in Canada, p. 272 [para. 11].

Kaplin and Sadock, Comprehensive Textbook on Psychiatry (4th Ed. 1985), p. 267 [para. 16].

Maxwell, The Interpretation of Statutes (12th Ed.), pp. 282-289 [para. 11].

Counsel:

[none disclosed].

This case was heard at Calgary, Alberta, before Fitch, P.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following judgment on January 23, 1986: