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LAWS 3307 (5)
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LECTURE 4a.docx

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Department
Law
Course
LAWS 3307
Professor
John Hale
Semester
Summer

Description
LECTURE 46PUBLICATION RECORDSAND INFORMATION RECORD s 2record includes any thing containing information regardless of its physical form or characteristics including microform sound recording videotape machinereadable record and any copy of any of those things that is created or kept for the purposes of this Act or for the investigation of an offence that is or could be prosecuted under this ActPUBLICATION YCJA recognizes that YPs in their immaturity should be protected from the stigma attached to criminal offences so that their development and future success will not be jeopardizeds 2 YCJA publication means the communication of information by making it known or accessible to the general public through any means including print radio or television broadcast telecommunication or electronic means3 reasons for the nonpublication frameworkrules1it reinforces the basic rule of protecting privacy of young persons as offenders victims or witnesses2it recognizes that the publication of the names of young offenders may seriously impair rehabilitative goals of the youth justice system and jeopardize the longterm protection of the public see R v F N 2000 SCC R v B D 2008 SCC3it provides for strict limitations on the publication of information about young persons as offenders or as witnesses or victims of youth crimeDEROGATION s 110 sets out circumstances where the general rule against nonpublication do not applysee slidesR v B D May 16 2008 SCC pled guilty to Manslaughter in July 2004 sentenced toa youth sentence of 3 years intensive rehabilitative custody and supervision30 months custody 6 months supervision in addition to 1 year pretrial custody publication ban ordered Crown appealed to OCA and lost appeal to SCCFacts December 13 2003and an 18yearold Jonathan Romero got into a fight at a mallknocked Romero to the ground and punched him Romero lost consciousnessfled When paramedics arrived Romero had no vital signs Romero died in hospital overnight andwas arrested the next dayIssues are the reverse onus provisions constitutional re a adult sentence for presumptive offences and b no publication ban for presumptive offencesDecision NoRatio84 In s 31biii of the YCJA as previously noted the young persons enhanced procedural protectionincluding their right to privacy is stipulated to be a principle to be emphasized in the application of the Act Scholars agree that publication increases a youths selfperception as an offender disrupts the familys abilities to provide support and negatively affects interaction with peers teachers and the surrounding community Nicholas Bala Young Offenders Law 1997 at p 215 Professor Doob cited by the court in the Quebec Reference testified about this issue before the Standing Committee on Justice1TRANSLATION I think youd be hardpressed to find a single professional who has worked in this area who would be in favour of the publication of names From the very beginning when this was proposed in May 1998 Id never heard anybody give a single reasoned principled argument for doing it2Now there are some other arguments for doing it having to do essentially with vindictiveness but in terms of actually trying to be constructive in any way as I said I would certainly find it very difficult to find anybody who has done any research on this kind of issue who would support it It just seems to me to be a gratuitous meanness3Quebec Reference at para 2784585 International instruments have also recognized the negative impact of such media attention on young people The United Nations Standard Minimum Rules for the Administration of Juvenile Justice adopted by GeneralBeijing RulesAssembly Resolution ARES4033 on November 29 1985 provide in Rule 8 Protection of privacy that the juveniles right to privacy shall be respected at all stages in order to avoid harm being caused to her or him by undue publicity or by the process of labelling and declare that in principle no information that may lead to the identification of a juvenile offender shall be published687 The foregoing demonstrates that lifting a ban on publication makes the young person vulnerable to greater psychological and social stress Accordingly it renders the sentence significantly more severe A publication ban is part of a young persons sentence s 754 It is therefore subject to the same presumption as the rest of his or her sentence Losing the protection of a
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