Judgment of the Court
The judgment of the Court was delivered by
THE CHIEF JUSTICE -- This appeal was heard together with R. v. S. (G.), [1990] 2 S.C.R. 000 (released concurrently with these reasons). The appellant was charged on June 16, 1988, with the indictable offence of unlawful possession of a dangerous weapon, contrary to s. 85 of the Criminal Code, R.S.C. 1970, c. C-34. The offence was alleged to have taken place on June 15, 1988, when the appellant was 13 years old.
On August 23, 1988, pursuant to her reasons in R. v. S. (G.) (1988), 5 W.C.B. (2d) 200, Judge King of the Provincial Court of Ontario (Family Division), ordered a stay of proceedings against the appellant. The respondent appealed the Youth Court judge's ruling to the Court of Appeal of Ontario. Reasons for judgment were given by Lacourcière J.A. for a unanimous court on December 29, 1988, concurrently with the court's reasons in R. v. S. (G.) (1988), 67 O.R. (2d) 198. The appeal was allowed and orders were made to quash the orders staying the proceedings and to remit the matters for trial before another judge of the Youth Court of Ontario: (1988), 31 O.A.C. 230.
For the reasons which I have given in R. v. S. (G.), supra, I would dismiss the appeal, and answer the constitutional questions raised in this appeal in the following manner:
1.Are the admission criteria set out in the Alternative Measures Program designated by the Attorney General for the province of Ontario inconsistent with s. 7 or s. 15(1) of the Canadian Charter of Rights and Freedoms ?
Answer: No.
2. If the admission criteria set out in the Alternative Measures Program designated by the Attorney General for the province of Ontario are inconsistent either with s. 7 or s. 15(1) of the Canadian Charter of Rights and Freedoms , whether that inconsistency is justified on the basis of s. 1 thereof.
Answer: The question need not be answered.
Appeal dismissed.
Solicitor for the appellant: Judyth Rekay, Toronto.
Solicitor for the respondent: The Ministry of the Attorney General, Toronto.
Solicitor for the intervener the Attorney General of Canada: John C. Tait, Ottawa.
Solicitors for the intervener the Attorney General of Quebec: Yves de Montigny and Françoise Saint‑Martin, Ste‑Foy.
Solicitor for the intervener the Attorney General for Saskatchewan: Brian Barrington‑Foote, Regina.
Cases cited
- CHIEF JUSTICE -- This appeal was heard together with R. v. S. (G.) 2 S.C.R. 000
- R. v. S. (G.) 67 O.R. (2d) 198
- 31 O.A.C. 230 31 O.A.C. 230