R. v. J.C., (1986) 72 A.R. 119 (YC)

• Judge: Catonio, P.C.J.
• Case Date: July 16, 1986
• Citations: (1986), 72 A.R. 119 (YC)

R. v. J.C. (1986), 72 A.R. 119 (YC)

MLB headnote and full text

R. v. J.C.

Indexed As: R. v. J.C.

Alberta Youth Court

Catonio, P.C.J.

July 16, 1986.

Summary:

Section 52(1) of the Young Offenders Act, which set out the Youth Court procedure, effectively denied a young offender's right to a preliminary inquiry. A young offender submitted that the unavailability of a preliminary inquiry denied the right to equality under s. 15(1) of the Charter of Rights and Freedoms and denied rights under ss. 1(a) and (b) of the Canadian Bill of Rights.

The Alberta Youth Court held that denial of a preliminary inquiry to young offenders did not contravene the Charter or the Bill of Rights.

Civil Rights - Topic 1128

Discrimination - Criminal and quasicriminal law - On basis of age - A young offender submitted that s. 52 of the Young Offenders Act, which effectively deprived the right to a preliminary inquiry, denied the right to equality under s. 15 of the Charter of Rights and Freedoms - The young offender submitted that the fact that an adult facing an identical charge had the right to a preliminary inquiry resulted in unequal treatment and adversely affected a young offender's right to make full answer and defence - The Alberta Youth Court noted that the distinct provisions of the Criminal Code and the Young Offenders Act were for a valid federal objective and held that s. 15 of the Charter was not violated - Alternatively, the court held that if the right to equality was denied, such denial was a reasonable limit prescribed by law under s. 1 of the Charter.

Civil Rights - Topic 3150

Trials - Due process, fundamental justice and fair hearings - Criminal proceedings - Right to preliminary inquiry - Section 52 of the Young Offenders Act effectively denied a young offender the right to a preliminary inquiry - The Alberta Youth Court held that the unavailability of a preliminary inquiry to a young offender did not violate a young offender's right to equality under s. 15(1) of the Charter of Rights and Freedoms or his rights under ss. 1(a) and (b) of the Canadian Bill of Rights.

Civil Rights - Topic 5643

Equality - Particular cases - Young offenders - The Alberta Youth Court held that the unavailability of a preliminary inquiry to a young offender did not violate the right to equality under s. 15(1) of the Charter of Rights and Freedoms - Alternatively, if the right to equality was denied, such denial was a reasonable limit prescribed by law under s. 1 of the Charter.

Civil Rights - Topic 8005

Canadian Bill of Rights - Operation and interpretation - Due process - Right to life, liberty, security and enjoyment of property, s. 1(a) - The Alberta Youth Court held that the unavailability of a preliminary inquiry to a young offender did not violate the right to life, liberty, security and enjoyment of property under s. 1(a) of the Bill of Rights - The court stated that s. 52 of the Young Offenders Act, which deprived a young offender of the right to a preliminary inquiry, was enacted by Parliament in pursuit of a valid federal objective, namely a special law and procedures for a separate group of people (12 to 18 year olds).

Civil Rights - Topic 8007

Canadian Bill of Rights - Operation and interpretation - Equality before the law, s. 1(b) - The Alberta Youth Court held that the unavailability of a preliminary inquiry to a young offender did not violate the right to equality under s. 1(b) of the Bill of Rights - The court stated that the different treatment by the Young Offenders Act was pursuant to a valid federal objective to provide a special law and procedure for persons aged 12 to 18.

Civil Rights - Topic 8348

Canadian Charter of Rights and Freedoms - Application - Exceptions - Reasonable limits prescribed by law, s. 1 - A young offender submitted that s. 52 of the Young Offenders Act, which effectively deprived the right to a preliminary inquiry, denied the right to equality under s. 15 of the Charter of Rights and Freedoms - The young offender submitted that the fact that an adult facing an identical charge had the right to a preliminary inquiry resulted in unequal treatment and adversely affected a young offender's right to make full answer and defence - The Alberta Youth Court noted the distinct provisions of the Criminal Code and the Young Offenders Act were for a valid federal objective and held that s. 15 of the Charter was not violated - Alternatively, the court held that if the right to equality was denied, such denial was a reasonable limit pre scribed by law under s. 1 of the Charter.

Criminal Law - Topic 3500

Preliminary inquiry - Purpose of - The Alberta Youth Court stated that a preliminary inquiry was not a discovery of the Crown's case against the accused as was an examination for discovery in a civil case - The court stated that the sole purpose of a preliminary inquiry was to determine if there was sufficient evidence to put the accused on trial.

Criminal Law - Topic 8702

Young offenders - Legislation - Purpose of - The Alberta Youth Court generally discussed the purpose of the Young Offenders Act, including the rationale for providing procedures distinct from those available under the Criminal Code.

Criminal Law - Topic 8714.2

Young offenders - Right to preliminary inquiry - The Alberta Youth Court held that s. 52 of the Young Offenders Act, which effectively denied a young offender the right to a preliminary inquiry, did not violate s. 15(1) of the Canadian Charter of Rights and Freedoms or ss. 1(a) and (b) of the Canadian Bill of Rights - Alternatively, the court held that if Charter rights were denied, such denial was a reasonable limit prescribed by law under s. 1.

Criminal Law - Topic 8715.3

Young offenders - Procedure - Modification of Criminal Code provisions - Section 51 of the Young Offenders Act provided for the application of the Criminal Code to young offenders "with such modifications as the circumstances require" - A young offender was not entitled to a preliminary inquiry under the Young Offenders Act, and sought modification of the Criminal Code to provide for a preliminary inquiry - The Alberta Youth Court held that doing so would be an amendment, not a modification, and only Parliament could amend the Criminal Code or the Young Offenders Act.

Words and Phrases

Modifications - The Alberta Youth Court defined the word "modifications", as found in s. 51 of the Young Offenders Act, S.C. 1980-81-82, c. 110.

Cases Noticed:

R. v. Coccamo (1975), 21 C.C.C.(2d) 257 (S.C.C.), refd to. [para. 18].

R. v. Mills 67 N.R. 241 (S.C.C.), refd to. [para. 20].

R. v. Skogman (1984), 54 N.R. 34; 41 C.R.(3d) 1 (S.C.C.), refd to. [para. 21].

R. v. Burnshire (1974), 2 N.R. 53; 15 C.C.C.(2d) 505 (S.C.C.), refd to. [para. 24].

R. v. MacKay (1980), 33 N.R. 1; 54 C.C.C.(2d) 129 (S.C.C.), refd to. [para. 24].

R. v. Willington; R. v. MacKay (1977), 5 A.R. 154; 3 Alta. L.R.(2d) 255 (S.C.A.D.), refd to. [para. 26].

R. v. R.C.M. (1985), 36 Man.R.(2d)(Q.B.), refd to. [para. 26].

R. v. R.L. (1986), 14 O.A.C. 318 (C.A.), appld. [para. 27].

Statutes Noticed:

Canadian Bill of Rights, R.S.C. 1970, App. III, sect. 1(a), sect. 1(b) [para. 7].

Canadian Charter of Rights and Freedoms, 1982, sect. 1, sect. 15(1).

Young Offenders Act, S.C. 1980-81-82, c. 110, sect. 51 [para. 10]; sect. 52 [para. 2].

Authors and Works Noticed:

Black's Law Dictionary (4th Ed.), pp. 106, 1155 [para. 13].

Shorter Oxford English Dictionary, vol. 1 [para. 12].

Counsel:

[none disclosed].

This application was heard before Catonio, P.C.J., of the Alberta Youth Court, who delivered the following judgment on July 16, 1986: