R. v. J.D., (1986) 71 N.B.R.(2d) 377 (TD)

• Judge: Jean, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: June 06, 1986
• Jurisdiction: New Brunswick
• Citations: (1986), 71 N.B.R.(2d) 377 (TD)

R. v. J.D. (1986), 71 N.B.R.(2d) 377 (TD);

    71 R.N.-B.(2e) 377; 182 A.P.R. 377

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R. v. J.D.

Indexed As: R. v. J.D.

Répertorié: R. v. J.D.

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Bathurst

Jean, J.

June 9, 1986.

Summary:

Résumé:

On May 1, 1985, J.D., a young offender, was convicted and committed to custody for a period of 14 months at the detention centre in Saint Hilaire, New Brunswick. On April 21, 1986, the probation officer filed an application for automatic review of the decision under s. 28(1) of the Young Offenders Act. The Youth Court judge remitted the case on the grounds of lack of jurisdiction. J.D. then applied by way of habeas corpus seeking a ruling on the legality of his detention in secure custody. It was argued that because the Court of Queen's Bench had ruled that it did not have jurisdiction to hear cases involving young offenders (see R. v. Y.D. (1986), 67 N.B.R.(2d) 269; 172 A.P.R. 269), the verdict of guilty rendered in May 1985 was null and void and J.D. had been unlawfully detained since that time.

The New Brunswick Court of Queen's Bench, allowed the application and ordered that J.D. be transferred to a place of open custody until a Youth Court judge rendered a decision or until the end of his detention. The court found that in these circumstances, only the Court of Appeal could set aside the verdict of guilty but that J.D. was entitled to a decision under s. 28 of the Young Offenders Act. The remedy of habeas corpus with certiorari in aid was the only remedy which would put an end to the infringement of his rights.

Criminal Law - Topic 8818

Young offenders - Punishment - Review of custody - J.D. was convicted and committed to closed custody for 14 months - A year later an application for automatic review under s. 28 of the Young Offenders Act was filed - The Youth Court judge remitted the case on the ground of lack of jurisdiction - J.D. applied by way of habeas corpus seeking to be released - J.D. argued that because the New Brunswick Court of Queen's Bench had ruled that it did not have jurisdiction to hear cases involving young offenders, his conviction by the Court of Queen's Bench was null and void - The New Brunswick Court of Queen's Bench, Trial Division, stated that in these circumstances only the Court of Appeal could set aside the verdict of guilty but that J.D. was entitled to a decision on his application for automatic review and the remedy of habeas corpus with certiorari in aid was the only remedy which could put an end to the infringement of his rights - See paragraph 12.

Habeas Corpus - Topic 2

General - When available - The New Brunswick Court of Queen's Bench, Trial Division, stated that a writ of habeas corpus may be used even where the absolute discharge of the person who has been accused or convicted is involved - See paragraph 13.

Cases Noticed:

R. v. Y.D. (1986), 67 N.B.R.(2d) 269; 172 A.P.R. 269, refd to. [para. 6].

R. v. Miller (1986), 63 N.R. 321, consd. [para. 10].

Morin v. National Special Handling Unit Review Committee et al., [1985] 2 S.C.R. 662; 63 N.R. 363, consd. [para. 10].

Statutes Noticed:

Young Offenders Act, S.C. 1980-81-82-83, c. 110, sect. 28(1) [paras. 3, 4, 9]; sect. 28(17) [para. 4].

Counsel:

Aldeo Poirier, for the applicant;

J. George Chiasson, for the respondent.

This application was heard on June 6, 1986, before Jean, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Bathurst, who delivered the following judgment on June 9, 1986.