Board of Education of Saskatoon West School Division No. 42 v. J.A. and J.S., (1997) 160 Sask.R. 129 (QB)

• Judge: Wright, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 27, 1997
• Jurisdiction: Saskatchewan
• Citations: (1997), 160 Sask.R. 129 (QB)

Saskatoon West School Bd. v. J.A. (1997), 160 Sask.R. 129 (QB)

MLB headnote and full text

Temp. Cite: [1997] Sask.R. TBEd. DE.015

In The Matter Of The Appeal of the Decision of His Honour Judge B.P. Carey Dated June 26, 1997, Saskatoon, Saskatchewan pursuant to Section 44.1 of the Young Offenders Act and In The Matter Of J.A. and J.S.

Board of Education of the Saskatoon West School Division No. 42 (appellant) v. J.A. and J.S (respondents)

(1997 Q.B. No. 1441)

Indexed As: Board of Education of Saskatoon West School Division No. 42 v. J.A. and J.S.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Wright, J.

October 27, 1997.

Summary:

Two juveniles broke into a school and caused a fire. The Board of Education which owned and operated the school sued the juveniles and their parents. Both of the juveniles had been the subject of proceedings in Provincial Court and had been convicted. The Board of Education applied to the Pro­vincial Court for disclosure of the offenders' records.

The Saskatchewan Provincial Court ruled that the Board of Education was entitled to obtain: (1) all informations and endorsements thereon as a result of the prosecution; (2) transcripts of all proceedings (absent any reference to predisposition reports, progress reports as a result of an application for dispositional review or psychological or psychiatric examination records); and (3) the youth court record for each youth. The Board of Education appealed.

The Saskatchewan Court of Queen's Bench held that the Board of Education was entitled to disclosure of the predisposition reports, progress reports as a result of the application for dispositional review and psychological and psychiatric examination reports. How­ever, any such information could not include any statements made by either young of­fender which would contravene s. 14(10) of the Young Offenders Act.

Criminal Law - Topic 8865

Young offenders - Court records - Inspec­tion of - Two juveniles broke into a school and caused a fire - The Board of Education sued the juveniles and their parents - Both juveniles had been convicted in Provincial Court - The Board applied to the Provin­cial Court for disclosure of the offenders' records - The Provincial Court ruled that the Board was entitled to obtain: (1) all informations and endorsements thereon; (2) transcripts of all proceedings (absent any reference to predisposition reports, progress reports as a result of an application for dispositional review or psychological or psychiatric examination records); and (3) the youth court record for each youth - The Board appealed - The Saskatchewan Court of Queen's Bench held that the Board was entitled to disclosure of the predisposition reports, progress reports in connection with dispositional reviews and psychological and psychiatric examination reports - However, any such information could not include any statements made by either young offender which would contra­vene s. 14(10) of the Young Offenders Act.

Cases Noticed:

Smith and Clerk of Youth Court, Re (1986), 57 O.R.(2d) 524 (U.F.C.), consd. [para. 5].

Person Unknown v. M.S. (1986), 43 M.V.R. 306 (Ont. Prov. Ct.), consd. [para. 7].

Canadian Pacific v. J.P.P., [1987] O.J. No. 1963 (P.C. Criminal Division), consd. [para. 8].

R. v. R.D.S. (1994), 136 N.S.R.(2d) 299; 388 A.P.R. 299 (Yth. Ct.), consd. [para. 9].

J.M.O. v. Okuda, [1996] B.C.J. No. 2244 (P.C. Yth. Ct.), consd. [para. 10].

Halifax Herald Ltd. v. Sparks, J.F.C. (1995), 142 N.S.R.(2d) 321; 407 A.P.R. 321; 98 C.C.C.(3d) 235 (S.C.), consd. [para. 11].

R. v. R.D.S. - see Halifax Herald Ltd. v. Sparks, J.F.C.

R. v. A.B.H. (1992), 10 O.R.(3d) 683 (Gen. Div.), consd. [para. 13].

D.C.F., Re (1986), 74 A.R. 342; 44 Alta. L.R.(2d) 258 (Yth. Ct.), consd. [para. 13].

Home Office v. Harman, [1983] 1 A.C. 280 (H.L.), refd to. [para. 15].

Hanson v. Keystone Ford Sales Ltd. et al., [1996] 6 W.W.R. 250; 111 Man.R.(2d) 6 (Q.B.), affd. [1996] 9 W.W.R. 607; 113 Man.R.(2d) 163; 131 W.A.C. 163 (C.A.), refd to. [para. 15].

Statutes Noticed:

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 14(10), sect. 44.1(1)(k), sect. 44.1(5), sect. 44.1(6), sect. 44.2(2) [para. 4].

Authors and Works Noticed:

Bala, Nicholas and Lilles, Young Of­fenders Act Annotated, pp. 138, 310, 311 [para. 11].

Platt, Priscilla, Young Offenders Law in Canada (1989), §§ 20.5, 20.6, 20.13, 20.14, 20.17, 20.19, 20.22 [para. 5].

Counsel:

R.H. McKercher, Q.C., and Shaunt Parthev, for the appellant;

L.M. Loewen, for the respondent, J.S.

This appeal was heard before Wright, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on October 27, 1997.