Crown application for Mandamus. Youth Court judge refused to allow the Crown to show cause because of the manner the matter was brought before the court. One day before the accused was to be released from custody on other matters, the police requested a judge’s order to have the youth brought to court on new charges. No process ever issued pursuant to the Criminal Code.
Held: Application dismissed.
The use of a judge’s order to compel an appearance in these circumstances “is offensive for three reasons”: (1) It ignores the provisions of the YCJA (ss. 25, 26 and 31) allowing for the right to counsel, parent notification and two opportunities to speak to bail; (2) It further ignores Part XVI of the Criminal Code regarding the scheme of compelling attendance without detaining; and (3) Finally, the process frustrated s. 11(e) of the Charter.
N. Benron – Defence Counsel