R. v. R.D.S., (1994) 136 N.S.R.(2d) 299 (YC)

• Case Date: December 07, 1994
• Jurisdiction: Nova Scotia
• Citations: (1994), 136 N.S.R.(2d) 299 (YC)

R. v. R.D.S. (1994), 136 N.S.R.(2d) 299 (YC);

  388 A.P.R. 299

MLB headnote and full text

Her Majesty The Queen v. R.D.S.

(F.H. No. YO93-168)

Indexed As: R. v. R.D.S.

Nova Scotia Youth Court

Sparks, J.F.C.

December 7, 1994.

Summary:

A young person was acquitted of two counts of assault and one count of resisting a police officer engaged in the execution of his duty. Subsequent to the trial, a journalist employed by the Halifax Herald applied for the release of the electronic tape recording of the proceedings.

The Nova Scotia Youth Court dismissed the application.

Criminal Law - Topic 8863

Young offenders - Court records - Record - What constitutes - A young person was acquitted of two counts of assault and one count of resisting a police officer engaged in the execution of his duty - Subsequent to the trial, a journalist employed by the Halifax Herald applied for the release of the electronic tape recording of the pro­ceedings - Counsel for the Herald argued that s. 44.1 of the Young Offenders Act was not applicable to the request and that leave of the court was not required because the tape recording was not part of the court record - The Nova Scotia Youth Court concluded that the electronic tape recording was part of the youth court record - See paragraphs 7 to 14.

Criminal Law - Topic 8865

Young offenders - Court records - In­spection of - A young person was acquitted of two counts of assault and one count of resisting a police officer - The Crown had proceeded summarily - No appeal had been launched - Subsequent to the trial, a journalist applied for the release of the electronic tape recording of the proceedings - The journalist claimed that the proceedings raised questions regarding the quality of police work involved, the possible fabrication of evidence and pos­sible police prejudice against Black youths - Defence counsel opposed the release of the tape - The Nova Scotia Youth Court discussed the factors to be considered on this type of application and denied the request.

Cases Noticed:

R. v. K.H. (1985), 19 C.C.C.(3d) 413 (Ont. Prov. Ct.), dist. [para. 8].

Canadian Broadcasting Corp. v. Dagenais et al. (1994), 175 N.R. 1; 76 O.A.C. 81 (S.C.C.), refd to. [para. 15].

D.C.F., Re (1986), 74 A.R. 342 (Prov. Ct.), consd. [para. 19].

C.G.G., Re (1992), 7 O.R.(3d) 678 (Prov. Div.), refd to. [para. 21].

R. v. H.E.A. (1984), 13 W.C.B. 420 (Ont. Prov. Ct.), refd to. [para. 21].

Michael S., Re (1986), 17 W.C.B. 278 (Ont. Prov. Ct.), refd to. [para. 21].

R. v. Nat Bell Liquors Ltd. (1922), 37 C.C.C. 129 (P.C.), refd to. [para. 24].

R. v. Northumberland Compensation Ap­peal Tribunal, [1952] 1 K.B. 338 (C.A.), refd to. [para. 24].

MacIntyre v. Attorney General of Nova Scotia et al., [1982] 1 S.C.R. 175; 40 N.R. 181; 49 N.S.R.(2d) 609; 96 A.P.R. 609; 132 D.L.R.(3d) 385, consd. [para. 24].

Vickery v. Prothonotary, Supreme Court (N.S.), [1991] 1 S.C.R. 671; 124 N.R. 95; 104 N.S.R.(2d) 181; 283 A.P.R. 181, consd. [para. 24].

Statutes Noticed:

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 3(1), sect. 3(2) [para. 16]; sect. 38 [para. 5]; sect. 44.1 [para. 18].

Authors and Works Noticed:

Black's Law Dictionary (4th Ed.) [para. 11].

Dukelow and Nuse, Dictionary of Cana­dian Law [para. 12].

Platt, Priscilla, Young Offenders Law in Canada (1989), pp. 20-7 [para. 18]; 20-8 [para. 19].

Royal Commission on the Donald Marshall, Jr. Prosecution, December 1989, vols. 3 and 4 [para. 33].

Yogis, J., Canadian Law Dictionary (2nd Ed.) [para. 13].

Counsel:

Virve Sandstrom, for the Halifax Herald;

Burnley A. Jones, for R.D.S.

This application was heard at Halifax, Nova Scotia, before Sparks, J.F.C., of the Nova Scotia Youth Court, who delivered the following decision on December 7, 1994.