ONTARIO COURT OF JUSTICE (Toronto Region) -and- G.(J.) D.(A.) I.(E.) SURREPLY SUBMISSIONS OF AMICUS CURIAE JUSTICE FOR CHILDREN AND YOUTH

Similar documents
ONTARIO SUPERIOR COURT OF JUSTICE

FACTUM OF THE APPLICANT

COURT OF APPEAL FOR ONTARIO

ONTARIO COURT OF JUSTICE (Toronto Region) TORONTO STAR NEWSPAPERS LTD. Applicant I.E. Respondent. and A.D. Respondent. and J.G. Respondent.

ONTARIO SUPERIOR COURT OF.JUSTICE - COMMERCIAL LIST THURSDAY, THE 29TH DAY OF JANUARY, 2009 IN THE MATTER OF RELIANCE INSURANCE COMPANY

NOTICE OF APPLICATION

This policy applies to all elected representatives, officials and staff of the City of Brampton.

1. A young person s criminal record is always destroyed once he/she turns 18 years of age. True or False?

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST

STATEMENT OF DEFENCE

FEDERAL COURT. Anamaria Carla Taban. and. Her Majesty the Queen MOTION RECORD

REFUGEE LAWYERS ASSOCIATION OF ONTARIO

COURT OF APPEAL FOR ONTARIO. The Honourable Justice J. C. MacPherson ) THURSDAY, THE 30th ) DAY OF ) AUGUST, 2018 ORDER

THE QUEEN'S BENCH WINNIPEG CENTRE. APPLICATION UNDER Queens Bench Rule 14.05(2)(c)(iv) WESTERN CANADA WILDERNESS COMMITTEE, - and -

FEDERAL COURT. - and -

ONTARIO SUPERIOR COURT OF JUSTICE REPLY

ONTARIO SUPERIOR COURT OF JUSTICE (DIVISIONAL COURT) SHERYL ABBEY. -and-

Submissions to the Standing Committee on Citizenship and Immigration

COURT OF APPEAL FOR ONTARIO. APPELLANT S / RESPONDENT S FACTUM (Select One)

COURT OF APPEAL FOR ONTARIO HER MAJESTY THE QUEEN. -and- D.B. (A Young Person) [Publication Ban in Effect Pursuant to s.

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST THE HONOURABLE ) MONDAY, THE 2 ND DAY ) MR. JUSTICE FARLEY ) OF JUNE, 2003

Policy of the Provincial Court of British Columbia

ONTARIO SUPERIOR COURT OF JUSTICE PLATINEX INC. - and

COURT OF APPEAL FOR ONTARIO

ONTARIO SUPERIOR COURT OF JUSTICE. - and - Proceeding under the Class Proceedings Act, 1992 NOTICE OF MOTION FOR CERTIFICATION

STERN + LANDESMAN CLARK LLP

PRACTICE DIRECTIVES FOR CONTESTED APPLICATIONS IN THE PROVINCIAL COURT OF MANITOBA

ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) AND IN THE MATTER OF URBANCORP INC. INITIAL RECOGNITION ORDER (FOREIGN MAIN PROCEEDING)

IN THE ONTARIO COURT OF APPEAL (ON APPEAL FROM THE DIVISIONAL COURT)

ONTARIO SUPERIOR COURT OF JUSTICE CHRIS AVENIR. and RYERSON UNIVERSITY STATEMENT OF CLAIM

ONTARIO SUPERIOR COURT OF JUSTICE

ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) (IN BANKRUPTCY AND INSOLVENCY)

LITIGATION CHRONOLOGY ( )

cv 1S~'S~V I&~ Court File No.

FEDERAL COURT OF APPEAL NELL TOUSSAINT. and ATTORNEY GENERAL OF CANADA. and THE CANADIAN CIVIL LIBERTIES ASSOCIATION

CONSULTATION MEMORANDUM Consultation regarding criminal court record information available through Court Services Online (July 2015)

PATENTED MEDICINE PRICES REVIEW BOARD. IN THE MATTER OF the Patent Act, R.S.C. 1985, c. P-4, as amended

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST CANADIAN IMPERIAL BANK OF COMMERCE. - and -

UNPAID OVERTIME CLASS ACTION. FRESCO v CANADIAN IMPERIAL BANK OF COMMERCE NOTICE OF CERTIFICATION

COURT OF APPEAL FOR ONTARIO

SCC File No IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE FEDERAL COURT OF APPEAL)

Superior Court of Justice

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST. ) FRIDAY, THE 27 t1' ROYAL BANK OF CANADA. - and - REVSTONE INDUSTRIES BURLINGTON INC.

NOTICE OF HEARING TO PROPOSE SETTLEMENT OF CLASS PROCEEDING HEATHER ROBERTSON V. THOMSON AND OTHERS

IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL OF ONTARIO)

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST

ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) ORDER (Stay Extension)

DISCIPLINE COMMITTEE OF THE ONTARIO COLLEGE OF TEACHERS NOTICE OF HEARING

Who s who in a Criminal Trial

ONTARIO SUPERIOR COURT OF JUSTICE. and

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST. IN THE MATTER OF THE COMPANIES' CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c.

ADDRESSING CONFLICTING HUMAN RIGHTS: SOME RECENT CASE LAW

J)NTAR/0 YEGALROSEN. -and- BMO NESBITT BURNS INC. FRESH AS AMENDED STATEMENT OF CLAIM

ONTARIO SUPERIOR COURT OF JUSTICE

PROVINCIAL COURT OF NOVA SCOTIA Citation: R. v. MacIntosh, 2018 NSPC 23. v. Emily Anne MacIntosh DECISION REGARDING ADJOURNMENT

February 23, Dear Ms. Ursulescu, Re: Legislative Model for Lobbying in Saskatchewan

PRE-APPROVAL NOTICE. Proposed settlement of class proceeding known as Berry v. Pulley (LAWSUIT BY AIR ONTARIO PILOTS OVER THE

ONTARIO SUPERIOR COURT OF JUSTICE ONTARIO LIMITED. -and- GREG KELLY, JOAN KELLY, ONTARIO INC. and TRADESMAN HOME INSPECTIONS

IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO)

ALBERTA OFFICE OF THE INFORMATION AND PRIVACY COMMISSIONER ORDER F November 2, 2016 CALGARY POLICE SERVICE. Case File Number F7427

WRITTEN SUBMISSIONS OF THE RESPONDENT: REPLY TO RESPONSE OF THE MINISTER OF HEAL TH OF BRITISH COLUMBIA

ONTARIO SUPERIOR COURT OF JUSTICE SEAN BRUYEA. - and- STATEMENT OF CLAIM

PUBLICATION BANS FIRST ISSUED: NOVEMBER 23, 2015 EDITED / DISTRIBUTED: NOVEMBER 23, 2015

Freedom of Information Act 2000 (Section 50) Decision Notice

ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) IN THE MATTER OF MAPLE BANK GmbH ATTORNEY GENERAL OF CANADA. and.

days. If you are served outside Canada and the United States of America, the period is sixty days.

ONTARIO SUPERIOR COURT OF JUSTICE DAVID CARMICHAEL. -and-

North Bay (City) v. Vaughan, [2018] O.J. No. 1809

ONTARIO SUPERIOR COURT OF JUSTICE

Restitution Repairing Financial Harm to Victims of Crime

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST. IN THE MATTER OF THE COMPANIES CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c.

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST

ONTARIO SUPERIOR COURT OF JUSTICE (IN BANKRUPTCY AND INSOLVENCY) [COMMERCIAL LIST]

ISSUE NO. 18 JULY 2008 FOR MORE INFORMATION TRIBUNALS HAVE A DUTY TO PROVIDE REASONS

Spent or Unspent? This document should be considered a guide to the position in England and Wales only.

IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL OF BRITISH COLUMBIA) - and - HER MAJESTY THE QUEEN. -and-

ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) Order Made After Application INITIAL RECOGNITION ORDER (FOREIGN MAIN PROCEEDING)

Internet and E-Commerce Law in Canada

Submission to the Honourable Justice Michael Tulloch, Independent Reviewer Independent Police Oversight Review November 30, 2016

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST

IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA) - and -

IN THE SUPREME COURT OF CANADA (ON APPEAL FROM THE FEDERAL COURT OF APPEAL) NELL TOUSSAINT. and MINISTER OF CITIZENSHIP AND IMMIGRATION

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST

NOTICE OF CERTIFICATION and PROPOSED SETTLEMENT OF CLASS PROCEEDING

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST BANK OF MONTREAL. - and -

Introductory Guide to Civil Litigation in Ontario

NOTICE OF APPLICATION

TABLE OF CONTENTS. iii

Barristers and Solicitors. Leo F. Longo Direct: February 1, 2017 Our File No

SUPREME COURT OF NOVA SCOTIA Citation: R. v. Pike, 2018 NSSC 38. Jeremy Pike. v. Her Majesty the Queen

DEFENDANT / MOVING PARTY REPLY

FACTUM OF FRONTLINE TECHNOLOGIES CORPORATION (Motion returnable January 9, 2013)

REASONS FOR DECISION OF THE TORONTO LICENSING TRIBUNAL

Pek~ THE APPELLANT ASKS that the judgment of Madam Honour Justic(. Pm.sons Jated March 20, 2018, be set aside and a judgment be granted, as follows:

The Canadian Victims Bill of Rights Information for Victim Services

ONTARIO SUPERIOR COURT OF JUSTICE EXCALIBUR SPECIAL OPPORTUNITIES LP. - and - SCHWARTZ LEVITSKY FELDMAN LLP

ONTARIO SUPERIOR COURT OF JUSTICE COMMERCIAL LIST. IN THE MATTER OF THE COMPANIES CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c.

ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT J. WILSON, KARAKATSANIS, AND BRYANT JJ. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

The programme for this conference has a full list of topics on the law of privacy and defamation. That is what you have all come to hear about.

RULES OF PROCEDURE OF THE DISCIPLINE COMMITTEE OF THE COLLEGE OF REGISTERED PSYCHOTHERAPISTS AND REGISTERED MENTAL HEALTH THERAPISTS OF ONTARIO INDEX

Transcription:

ONTARIO COURT OF JUSTICE (Toronto Region) BETWEEN: The Toronto Star Applicant v. HER MAJESTY THE QUEEN -and- G.(J.) D.(A.) I.(E.) SURREPLY SUBMISSIONS OF AMICUS CURIAE JUSTICE FOR CHILDREN AND YOUTH November 1, 2011 Justice for Children and Youth 415 Yonge St., Suite 1203 Toronto, ON M5B 2E7 Mary Birdsell (LSUC# 38108V) Tel: 416-920-1633 Fax: 416-920-5855 TO: Blake,Cassels & Graydon LLP Barristers and Solicitors 199 Bay Street Suite 4000, Commerce Court West Toronto, ON M5L 1A9 Daniel J. Stern Tel: 416-863-2283 Fax: 416-863-2653 Lawyers for the Applicant

AND TO: AND TO: Ministry of the Attorney General Crown Attorney s Office 311 Jarvis Street, Room 144 Toronto, ON M5B 2C4 Amy Barkin Tel: 416-327-6849 Fax: 416-327-6844 Lawyers for the, Attorney General for Ontario Department of Justice Crown Attorney s Office 311 Jarvis Street Toronto, ON M5B 2C4 Scott Graham Public Prosecution Service of Canada Tel: 416-952-4516 Fax: 416-952-0770 Lawyers for the, Attorney General of Canada

SURREPLY SUBMISSIONS 1. Justice for Children and Youth, as Amicus Curiae to this Application, makes the following submissions as surreply to the Applicant s Reply factum dated October 25, 2011. 2. This is not a case about a free press, an open court, the media s ability to report on youth justice court matters, or about the publication of identifying information, despite the Applicant s dogged attempts to frame it in that way. 3. This is a case about the protection of private and sensitive information that exists in youth court records and the fact that the Youth Criminal Justice Act ( YCJA ) has express provisions, especially ss. 118 & 119, to restrict public access to such information. 4. The YCJA provides protection for the privacy of youth records in ways that do not exist in the adult system, and the media s access to those records must be treated in an entirely different manner in the youth system than is the case in the adult system. 5. Young people who have been dealt with under the YCJA are exposed because of their criminal justice involvement. Personal and sensitive information about them will have been collected for the purposes of sentencing, and is contained in their youth records. 6. The YCJA gives this Court the supervisory role over the administration of youth justice and the responsibility to ensure it is administered according to the principles articulated within, including ensuring that the special privacy protections accorded to young people are meaningfully guarded.

7. In paragraph 5, the Applicant mischaracterizes Dr. Leschied s testimony as being that there would be minimal or no harm to young people if public access were given to their records. On the contrary, Dr. Leschied testified that it would be harmful to young people to have their privacy breached by allowing the public, people unconnected to the young person s rehabilitation, access to their private and sensitive information. 8. In paragraph 29, the Applicant quotes the preamble of the YCJA where it says: information about youth justice, youth crime and the effectiveness of measures taken to address youth crime should be publicly available. This does not in any way equate to the Applicant s claim that the personal details of the sort that commonly exist in pre-sentence reports and victim impact statements should be available to the media. Particularly, in the unfettered manner that the Applicant requests. 9. In paragraph 40, the Applicant argues that Ms. Marynowicz has not been involved in J.G. s rehabilitation, and that her evidence was uninformed by academic expertise or personal experience in the case. In our submission, Ms. Marynowicz s evidence was to the contrary. She described her involvement with J.G. as: action planning; to move from where you are to where you want to be; planning for future goals, and; as inextricably linked to rehabilitation. She testified that she has been working in the field of social work for over 30 years, and has met with J.G. 20-30 times in the last 2 ½ years, having extensive knowledge of his case. 10. In paragraph 49, the Applicant argues that there must be a threat of harm to the young people whose records are sought in order to ground a publication ban. Once again, this is not a case of a publication ban. This is a case about granting an exception to tightly restricted access to personal records. Further, there is no language anywhere in the YCJA to suggest that unless there is a threat of harm to the young person there will be public access to youth court records.

11. In this Application the Court is not asked to impose a publication ban, or to restrict the media s publication of anything. The media seeks to be given access to records that are statutorily protected from them unless an exception is granted. The Applicant s argument suggests that because they are the media they must be granted access. If that is what parliament had intended, the media would have been listed as a person or class who are to be given access to records under s. 119 of the YCJA. 12. The YCJA prohibits public access to youth court records except as provided for in the legislation. The Court is charged with the duty to protect the privacy of youth court records, beyond prohibiting the publication of identifying information. The reporter must establish that he or she is seeking to be given access to records for a reason or purpose that is desirable in the interest of the proper administration of justice, beyond the well accepted importance of an open court and free speech. To decide otherwise is to ignore the importance of a unique and separate youth justice system that provides for special protections, including privacy protections for young people. ALL OF WHICH IS RESPECTFULLY SUBMITTED November 1, 2011 Justice for Children and Youth 415 Yonge Street, Suite 1203 Toronto, ON M5B 2E7 Mary Birdsell (LSUC# 38108V) Tel: 416-920-1633 Fax: 416-920-5855 Amicus Curiae