Minister Issues Statement On Youth's Release

Justice Minister Michael Baker says a questionable judgment call and several contributing factors led to the release of a youth who was later charged in a fatal collision in Halifax on Oct. 14.

"It's important for the public to understand that every day in court, our Crown attorneys exercise discretion in handling difficult cases," said Mr. Baker. "They must continue to exercise that discretion and make difficult judgment calls.

"Based on court transcripts and other documents, I believe it was extremely unfortunate that no request was made to keep this youth in custody," said Mr. Baker. "I feel there were sufficient warning signs, enough serious charges laid, that this person would more properly have been held in custody while awaiting trial and sentencing for the matters before the court. A balance must always be struck between the liberty of the subject, while awaiting trial and disposition, and the need to ensure public safety.

"With the co-operation of the director of Public Prosecutions, I am taking steps to ensure that effective guidelines are developed to deal with such situations so that public confidence in our justice system will be maintained."

Mr. Baker said that while he doesn't agree with the Crown attorney's decision, he believes there were several complicating factors which contributed to the release of the youth from court in Windsor: -- provisions in the federal Youth Criminal Justice Act that presume young persons will be released, pending trial and sentencing; -- lack of clarity around procedures for transferring cases between different court locations; -- the failure of a Crown attorney in Halifax to arrange for an order to transfer the youth to Halifax for a bail hearing. He forgot to make the arrangements.

"As a result of what we've learned, we owe it to the public to take steps to eliminate any uncertainty," said Mr. Baker.

Mr. Baker said he will travel to Ottawa before the annual ministers' meeting in January to address two important public safety issues arising from this case: provisions in the federal Youth Criminal Justice Act that keep youth out of pre-trial custody unless their offences are considered violent and the need to treat auto theft and reckless driving more seriously.

"Our police are concerned that stronger sentences are needed for criminals who steal vehicles and criminals who drive recklessly, putting innocent people in danger," Mr. Baker said. "I'm going to consult with agencies in our justice system to put forward a strong message that citizens need greater protection. I'll take that message to federal Justice Minister Irwin Cotler and again to my provincial counterparts at our annual meeting in January."

"I have also directed the Public Prosecution Service and Department of Justice to implement guidelines to address communication and administrative problems we have identified. Discussions are already underway to find more effective ways to handle arrest warrants, requests for transfers and communication protocols."

Mr. Baker said he is satisfied that police agencies acted properly in the case of the youth, who appeared in court prior to his release on Oct. 12. Chief Judge Patrick Curran of the Provincial Court issued a statement on Friday, Oct. 29, to explain the role of the judiciary in these matters.

By law, the youth's name cannot be released to the public. Access to youth court records can only be sought by applying to the court.

Following is a chronology of events involved in this case:

• The youth was charged with 29 offences in Halifax ("the first charges") and held in custody from June 24 to July 6.

• The youth was released from custody on July 6 at a bail hearing in Halifax Youth Court after his mother signed an undertaking to take care of him and be responsible to ensure the youth's appearance in court and to comply with conditions imposed by the court.

• The youth pled guilty to nine charges on Sept. 14. Sentencing was adjourned to Nov. 17 and a pre-sentence report was ordered.

• On Sept. 28, at the mother's request, the Halifax Youth Court relieved her of her undertaking as she was not able to exercise control over the youth. A warrant of arrest was issued by the court.

• On Sept. 29 the youth was arrested in Windsor following a report of a stolen vehicle and a pursuit on Highway 101.

• A hearing was held on the evening of Sept. 29 before a justice of the peace who committed the youth to Windsor court on the Windsor charges and remanded him on the warrant of arrest to Windsor court. The youth appeared in Windsor court the next day. He was held in custody for 14 days.

• On Oct. 5 the Crown attorney in Windsor contacted a Crown attorney in Halifax to advise that the youth was in custody and should be picked up for the first charges. The Halifax Crown attorney advised Halifax police who then asked the Halifax Crown attorney to prepare a transfer order to have the youth appear in Halifax on the Halifax charges. Arrangements for the transfer order were never made, because the Halifax Crown attorney forgot to direct that the order be prepared.

• On Oct. 12 the youth pled guilty to three of the new charges in Windsor. Sentencing was adjourned to Dec. 10 and a pre- sentence report was ordered. The Windsor Crown attorney did not oppose the release of the youth on Oct. 12.

• On Oct. 14 the youth was charged with further offences following a car crash in Halifax, which claimed the life of 52- year old Theresa McEvoy. The youth is currently in custody at the Nova Scotia Youth Facility in Waterville.