R. v. M.N., 2004 NUCA 02

JudgeCôté, Russell and Schuler, JJ.A.
CourtNunavut Court of Appeal (Canada)
Case DateFebruary 11, 2004
JurisdictionNunavut
Citations2004 NUCA 02;(2004), 354 A.R. 243 (CA)

R. v. M.N. (2004), 354 A.R. 243 (CA);

    329 W.A.C. 243

MLB headnote and full text

Temp. Cite: [2004] A.R. TBEd. JN.121

Her Majesty The Queen (applicant) v. M.N. (respondent)

(03-00445; 2004 NUCA 02)

Indexed As: R. v. M.N.

Nunavut Court of Appeal

Côté, Russell and Schuler, JJ.A.

May 18, 2004.

Summary:

The accused, a young person and an Inuit, was charged with second degree murder. The murder allegedly occurred two months before his 18th birthday. The accused applied under s. 16 of the Young Offenders Act to have the matter transferred from ordinary court to youth court. The youth court judge ordered that the proceedings could proceed in youth court. The Crown applied for review of the decision to proceed in youth court.

The Nunavut Court of Appeal dismissed the application. The court held that while the youth court judge erred in failing to address all the factors in s. 16(2) of the Young Offenders Act, the court agreed with the result.

Civil Rights - Topic 3131.1

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to benefit of lesser punishment - [See Criminal Law - Topic 8789 ].

Criminal Law - Topic 8789

Young offenders - Transfer into or out of youth court - Considerations - General - The accused, a young person and an Inuit, was charged with second degree murder - The murder allegedly occurred two months before his 18th birthday - A youth court judge ordered that the matter be transferred from ordinary court to youth court (Young Offenders Act (YOA), s. 16) - The Crown sought a review of the transfer decision - The Nunavut Court of Appeal dismissed the application - The court found no error in the test applied by the youth court judge - The court held, however, that the youth court judge erred in failing to address all the factors in s. 16(2) of the YOA, but based on its own consideration of the factors the court agreed with the youth court judge's result - With regard to s. 11(i) of the Charter, the court considered whether a lesser punishment was available for murder under the YOA, as compared to the recently enacted Youth Court Justice Act, and determined that the YOA was applicable in this case - The court also considered the principles applicable in sentencing aboriginal offenders in arriving at its decision.

Criminal Law - Topic 8799

Young offenders - Transfer into or out of youth court - Appeals and reviews - Standard of review - The Nunavut Court of Appeal discussed the standard of review of a decision by a youth court judge to transfer a murder charge against a young person to youth court - The court stated that "in reviewing a transfer order under s. 16(9) of the YOA [Young Offenders Act], this court has the discretion to confirm or reverse the order. Such a review includes an evaluation of whether the youth court judge erred in law or jurisdiction, and whether the judge's conclusions are correct based on the factors set out in s. 16(2) of the YOA ... In making that evaluation, absent manifest error, this court will defer to credibility assessments and findings of fact made by the youth court judge ... However, the same level of deference does not apply to the assessment of expert evidence where credibility of witnesses is not in issue ..." - See paragraph 15.

Cases Noticed:

R. v. S.H.M., [1989] 2 S.C.R. 446; 100 N.R. 1; 100 A.R. 321; 195 W.A.C. 86, refd to. [para. 15].

R. v. R.S.S. (1999), 232 A.R. 86; 1999 ABCA 80 (C.A.), refd to. [para. 15].

R. v. J.C. (2000), 130 O.A.C. 132; 143 C.C.C.(3d) 59 (C.A.), refd to. [para. 15].

R. v. K.M.C. (1999),182 Nfld. & P.E.I.R. 201; 554 A.P.R. 201 (Nfld. C.A.), refd to. [para. 15].

R. v. B.W. (1997), 105 O.A.C. 277; 36 O.R.(3d) 609 (C.A.), refd to. [para. 19].

R. v. B.J.B. (1998), 228 A.R. 148; 188 W.A.C. 148; 1998 ABCA 394, refd to. [para. 19].

R. v. Wigglesworth, [1987] 2 S.C.R. 541; 81 N.R. 161; 24 O.A.C. 321; 61 Sask.R. 105, refd to. [para. 33].

R. v. Murrins (D.) (2002), 201 N.S.R.(2d) 288; 629 A.P.R. 288; 2002 NSCA 12, refd to. [para. 33].

R. v. Lambert (G.) (1994), 123 Nfld. & P.E.I.R. 347; 382 A.P.R. 347 (Nfld. C.A.), refd to. [para. 35].

R. v. D.C. (1993), 67 O.A.C. 175; 14 O.R.(3d) 705; 88 C.C.C.(3d) 547 (C.A.), leave to appeal denied [1994] 1 S.C.R. vi; 170 N.R. 352; 71 O.A.C. 72, refd to. [para. 41].

R. v. J.J.M., [1993] 2 S.C.R. 421; 152 N.R. 274; 85 Man.R.(2d) 161; 41 W.A.C. 161, refd to. [para. 46].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 48].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(i) [para. 27].

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 16(2) [para. 21].

Counsel:

M.R. Bloos, for the respondent;

S. White, for the applicant.

This application was heard on February 11, 2004, before Côté, Russell and Schuler, JJ.A., of the Nunavut Court of Appeal. The decision of the Court was delivered by Russell, J.A., on May 18, 2004.

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