Accused was charged with sexual assault with a weapon when he was 12 years old. He was eventually found unfit to stand trial, and the Alberta Review Board (ARB) imposed a disposition to have the young person live with his grandmother. Months later the ARB altered the disposition, detaining the accused at Alberta Hospital. Application for a suspension of this disposition pending the outcome of an appeal.
Held: Application dismissed.
Application governed by s 672.76(2)(b) CC. “An ARB disposition should only be suspended pending appeal in ‘extraordinary or rare circumstances’, where there is compelling evidence that demonstrates the ARB’s decision is unsound or invalid”: Rogers, 2007 ONCA 561. “This is a troubling case; a 13-year old aboriginal child has been removed from his family and detained in Alberta Hospital”. However, test for suspension not met.
M. Duckett – Defence Counsel