2006 SKPC 48 IN THE PROVINCIAL COURT OF SASKATCHEWAN AT LA RONGE, SASKATCHEWAN BETWEEN: HER MAJESTY THE QUEEN M. young person within the meaning of The Youth Criminal Justice Act May 5, 2006 W.K. TUCKER DECISION [1] horrible event has taken place which has resulted in serious injury to member of this community. Several individuals have told the police that the accused youth is responsible for those injuries. [2] The Crown has conceded that there is no reason to detain the accused youth to ensure her attendance in court, or to prevent further offences on her part. [3] The Crown has argued, in essence, that its case is strong, the offence is horrible, and that the public in La Ronge and area are so disturbed and shocked by the occurrence, that to release the youth would cause loss of confidence in the administration of justice on the part of the public. [4] In effect, the Crown says that because several persons have told the police that this youth committed a serious offence, I should confine her in custody even before she has a trial, before anyone has given evidence against her, under oath, in a court of law, and before she has had a chance to defend herself at a trial. The Crown believes should do this because the public in La Ronge and area will feel the justice system has failed if do not keep her locked up until she has trial. [5] do not agree with the Crown position. [6] As mentioned above, the Crown Prosecutor has stated, fairly and correctly, that there is no evidence at all that this youth will be danger if released, or that her release will cause any other danger to the community. [7] believe the public in La Ronge and area is aware that every person is presumed to be innocent until he or she is proven guilty at trial. I believe that the public is aware that we do not keep a person in custody simply because they are accused of committing an offence. There must be a necessary and substantial reason to keep a person in custody before they have a trial. [8] If the youth is convicted at trial, the public is aware that the appropriate sentence, according to law, will be imposed. The police have investigated, and are still investigating, the circumstances surrounding the injuries to the victim, and the legal process is underway. do not accept that the public demands that person be confined in custody without good reason. [9] The Crown has suggested that this incident is the third, recent, serious offence to take place in our community, and that fact has made the public anxious and concerned about crime and public safety. He refers to the recent crimes committed at La Ronge area motel, robbery at local financial institution, and the present matter. [10] knowledgeable and responsible member of the public will be aware that there is no apparent or suggested connection between the three incidents referred to by the Crown, and that the offender in one of the incidents has been apprehended, has pleaded guilty, and has been remanded pending sentence. [11] believe that the public will recognize that the previous two matters, while deeply disturbing to the community, are not related to the present charges or accused youth in any way. [12] do not agree that the release of this youth will create lack of confidence in the administration of justice because of the occurrence of unrelated crimes by unrelated persons. [13] I will release the youth on strict conditions which will continue until her trial is completed. Dated at La Ronge, Saskatchewan, the 5th day of May, 2006. Wilfrid K. Tucker Judge of the Provincial Court of Saskatchewan
The Crown asks that the accused youth be detained. The Crown concedes that there is no reason to detain the accused youth to ensure her attendance in court or to prevent further occurrences. The Crown asks that she be detained because the crime is so horrible, the case is so strong and the public in La Ronge are so disturbed and shocked by the occurrence that to release the youth would cause a loss of confidence in the administration of justice. HELD: The court does not keep a person in custody simply because they are accused of committing an offence. There must be a necessary and substantial reason to keep a person in custody before they have a trial. The accused youth will be released on strict conditions that will continue until her trial is complete.