R. v. S.N.F., (2015) 319 Man.R.(2d) 194 (CA)

• Judge: Beard, Monnin and Mainella, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: June 09, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 319 Man.R.(2d) 194 (CA);2015 MBCA 59

R. v. S.N.F. (2015), 319 Man.R.(2d) 194 (CA);

      638 W.A.C. 194

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. JL.001

Her Majesty The Queen (respondent) v. S.N.F. (young person/appellant)

(AY 15-30-08325; 2015 MBCA 59)

Indexed As: R. v. S.N.F.

Manitoba Court of Appeal

Beard, Monnin and Mainella, JJ.A.

June 18, 2015.

Summary:

A youth justice court judge ordered a young person placed in a penitentiary to serve an adult sentence for aggravated assault. The young person appealed.

The Manitoba Court of Appeal allowed the appeal and varied the sentence for the young person to serve his adult sentence in such youth custody facility as was directed by the provincial director in accordance with the law.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 8817

Young offenders - Decisions (incl. punishments) - Custody - Place of - A youth justice court judge ordered a young person placed in a penitentiary to serve an adult sentence for aggravated assault - The young person appealed - The Manitoba Court of Appeal held that in refusing an adjournment request by the young person, the youth justice court judge misdirected himself on the law - The young person's counsel had only learned that an adult placement was being recommended a week before the hearing - Section 76(3) of the Youth Criminal Justice Act gave the young person an opportunity to be heard before placement - However, the court ruled that a rehearing on that issue was not necessary because the youth justice court judge committed an error in principle in placing the young person in penitentiary that necessitated appellate intervention - See paragraphs 10 to 15.

Criminal Law - Topic 8817

Young offenders - Decisions (incl. punishments) - Custody - Place of - A youth justice court judge ordered a young person placed in a penitentiary to serve an adult sentence for aggravated assault - The young person appealed - The Manitoba Court of Appeal allowed the appeal - The court opined that the young person had met his onus to be placed in a youth custody facility - Such a placement was in his best interests given his vulnerable personal circumstances and the Gladue factors - Better resources were available for him at a youth custody facility - Any risk the young person presented to the safety of others could be reasonably managed in a youth custody facility - See paragraphs 17 to 27.

Cases Noticed:

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. 8].

R. v. Palmer, [1980] 1 S.C.R. 759; 30 N.R. 181, refd to. [para. 9].

R. v. Lévesque (R.), [2000] 2 S.C.R. 487; 260 N.R. 165; 2000 SCC 47, refd to. [para. 9].

R. v. R.C.H. (2014), 303 Man.R.(2d) 39; 600 W.A.C. 39; 2013 MBCA 108, refd to. [para. 9].

R. v. Le (T.D.) (2011), 270 Man.R.(2d) 82; 524 W.A.C. 82; 2011 MBCA 83, leave to appeal denied (2012), 434 N.R. 397 (S.C.C.), refd to. [para. 12].

R. v. A.O. et al. (2007), 222 O.A.C. 38; 84 O.R.(3d) 561; 218 C.C.C.(3d) 409; 2007 ONCA 144 (C.A.), refd to. [para. 14].

Charkaoui, Re, [2007] 1 S.C.R. 350; 358 N.R. 1; 2007 SCC 9, refd to. [para. 14].

R. v. B.D.T.W. (2015), 315 Man.R.(2d) 237; 630 W.A.C. 237; 2015 MBCA 24, refd to. [para. 17].

R. v. B.T. (1997), 118 Man.R.(2d) 256; 149 W.A.C. 256 (C.A.), refd to. [para. 26].

Statutes Noticed:

Youth Criminal Justice Act, S.C. 2002, c. 1, sect. 76(3) [para. 13]; sect. 76(9) [para. 18].

Counsel:

W.Y. Martin White, for the appellant;

C.R. Savage, for the respondent.

This appeal was heard on June 9, 2015, before Beard, Monnin and Mainella, JJ.A., of the Manitoba Court of Appeal. The following decision was pronounced orally on June 9, 2015, with written reasons delivered by Mainella, J.A., for the court, on June 18, 2015.