R. v. Male (A.), (2013) 289 Man.R.(2d) 146 (PC)

• Judge: Heinrichs, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: January 15, 2013
• Jurisdiction: Manitoba
• Citations: (2013), 289 Man.R.(2d) 146 (PC);2013 MBPC 12

R. v. Male (A.) (2013), 289 Man.R.(2d) 146 (PC)

MLB headnote and full text

Temp. Cite: [2013] Man.R.(2d) TBEd. MR.027

Her Majesty The Queen v. Abdulai Male (accused)

(2013 MBPC 12)

Indexed As: R. v. Male (A.)

Manitoba Provincial Court

Heinrichs, P.C.J.

January 15, 2013.

Summary:

The accused brought a motion asking the court to determine whether he was a youth or an adult between April 9 and May 24, 2011. He had been charged as an adult, with a total of 15 Criminal Code offences between these dates. The accused was born in Sudan. After his father died in the country's civil war, he fled the country with his mother and siblings. They ended up in a refugee camp in Uganda without any proper documentation (apparently lost by his father in the civil war). Sometime later, with United Nations refugee assistance, they relocated to Canada. All were assigned January 1 birth dates for various years, except for the youngest. The Government of Canada Permanent Resident Card for the accused at the time of his entry into Canada stated his birth date as January 1, 1993. The police relied on this birth date in charging him as an adult. The accused and his mother now stated that he was born on April 4, 1994; if so, he was under 18 years of age at the time of the alleged offences.

The Manitoba Provincial Court found that there was some evidence that the accused was born sometime in the first few months of 1994, and might well have been born on April 4, 1994. As a result, the Crown had not satisfied the court beyond a reasonable doubt that the accused was 18 years of age, or older, at the time of the alleged offences. Therefore, the court declined jurisdiction on the 15 adult charges.

Criminal Law - Topic 8706

Young offenders - General principles - Jurisdiction - Courts - Age of young offender - The accused brought a motion asking the court to determine whether he was a youth or an adult between April 9 and May 24, 2011 - He had been charged as an adult, with a total of 15 Criminal Code offences between these dates - The accused was born in Sudan - After his father died in the country's civil war, he fled the country with his mother and siblings - They ended up in a refugee camp in Uganda without any proper documentation (apparently lost by his father in the civil war) - Sometime later, with United Nations refugee assistance, they relocated to Canada - All were assigned January 1 birth dates for various years, except for the youngest - The Government of Canada Permanent Resident Card for the accused at the time of his entry into Canada stated his birth date as January 1, 1993 - The police relied on this birth date in charging him as an adult - The accused and his mother now stated that he was born on April 4, 1994 - The Manitoba Provincial Court found that there was some evidence that the accused was born sometime in the first few months of 1994, and might well have been born on April 4, 1994 - As a result, the Crown had not satisfied the court beyond a reasonable doubt that the accused was 18 years of age, or older, at the time of the alleged offences - Therefore, the court declined jurisdiction on the 15 adult charges.

Cases Noticed:

R. v. P.A.K. (1992), 103 Nfld. & P.E.I.R. 343; 326 A.P.R. 343; 1992 CarswellNfld 125 (T.D.), refd to. [para. 8].

R. v. Desjarlais (J.A.) (1994), 92 Man.R.(2d) 236; 61 W.A.C. 236; 1994 CarswellMan 236 (C.A.), refd to. [para. 8].

R. v. E. (S.H.), 2007 CarswellOnt 4438; 74 W.C.B.(2d) 406; 2007 ONCJ 308, dist. [para. 26].

R. v. C. (J.) - see R. v. I.C.

R. v. I.C., [2010] O.T.C. Uned. 3330; 2010 CarswellOnt 4177; 2010 ONSC 3330, dist. [para. 26].

Counsel:

Neil Steen, for the Crown;

Matthew Raffey, for the accused.

This motion was heard by Heinrichs, P.C.J., of the Manitoba Provincial Court, who delivered the following decision on January 15, 2013.