Prepared by Justice M.T. Devlin Ontario Court of Justice Library/Children and Youth/J4... · Prepared by Justice M.T. Devlin Ontario Court of Justice ... (SDC) appointment for GA

Prepared by Justice M.T. Devlin

Ontario Court of Justice

HSJCC Conference, Toronto

November 2015

May 8, 1991 - GA was born in Russia; he had an

older sister EA, 7 years his senior

2002 – Family of 4 immigrated to Canada (GA was 11 years old)

2003 – Parents separated (GA was 12 years old)

Chronology

GA initially lived with his mother, then his father,

then returned to live with his mother

GA’s sister, EA, lived with his father

Chronology (cont’d)

Parents noted that GA’s behaviour changed when he

started high school, age 14

GA reported:

Daily use of marijuana

Binge use of ecstasy

Psychologist identified the potential of a drug-induced psychosis

Substance Abuse Issues

2007 – 2008: GA’s behaviour began to deteriorate

(GA was 15 – 16 yrs old):

Truancy, Missing Curfew

Breaking Rules; Disrespectful

Inappropriate sexual comments/pornography

Significant use of street drugs

Mental Health Issues

December 2006: GA (15) convicted of armed

robbery/wear disguise

Sentenced to 77 days PSC + 18 mos. probation

July 2007 – GA (16) convicted of assault w. a weapon/carry concealed weapon

Sentenced to 40 days PSC + 12 mos. probation

Criminal Charges

January 2008: GA (16)was charged with assault cause

bodily harm regarding EA/FTC with his YCJA sentences x 2

EA had visible injuries to her face

Blood was splattered in the vicinity of the assault

EA told the police she was “scared for her life”

Final Charges

January 25, 2008: GA appeared in Court and pled

guilty; s. 34 Assessment Ordered

March 25, 2008: Based on s. 34 Assessment, Crown indicated consideration of a NCR assessment

Duty Counsel recommended Special Duty Counsel (SDC) appointment for GA

Initial Court Appearances

April 2, 2008: SDC assigned to the case; adjournment

to review s. 34 Assessment

April 4, 2008:

SDC converted to Amicus Curiae at the request of GA

GA refused to come into the courtroom

JPT conducted to explore options for further psychiatric assessment

Follow-Up

GA found to have significant mental health issues

and severe substance abuse issues

Secure treatment facility recommended

GA’s mother reported she was too fearful of GA to have him return home

GA’s father stated GA could live with him except that EA (victim) lived with father

Section 34 Assessment

April 14, 2008:

GA appeared in Court before a new Judge

NCR Assessment was ordered for May 13, 2008

GA was transferred to a new facility for NCR Assessment

Appearances before Second Judge

May 13, 2008:

GA appeared in Court with AC

Further 30 days requested to complete NCR Assessment

GA adjourned to next day, May 14, 2008 to appear before original Judge

Follow-Up

GA was transported to DRPS holding cells where he

remained until 19:30

19:30: GA was transported to youth facility – he appeared normal during transport

21:00: GA requested his dinner and took it to his room

21:50: GA was found in his room, hanging by his shoelaces

Post-Court Events

Coroner’s mandatory inquest held over 21 days

35 witnesses were called

49 exhibits were filed

Jury Verdict and Recommendations were released on October 24, 2011

Inquest

The Jury made 71 recommendations

The recommendations are addressed to 7 stakeholders:

Criminal Lawyers Association

Legal Aid Ontario

Ministry of the Attorney General

Ministry of Community & Youth Services

Ministry of Health/Long-Term Care

Ontario Court of Justice

Youth Justice Facilities

Overview of Recommendations

Recommendations by Organization

0 10 20 30 40 50 60

Youth Justice Facilities

Ministry of Health/Long-Term Care

Ontario Court of Justice

Criminal Lawyers Association

Legal Aid Ontario

Ministry of the Attorney General

Ministry of Community & Youth…

02468

10121416

Issues Addressed by Recommendations

Of the 71 recommendations, 8 were directed to the

OCJ and other justice organizations

The 8 OCJ recommendations relate to:

Understanding the vulnerability of youths in custody

Processes such as JPT’s, Striking guilty pleas

Training and Education

OCJ Recommendations

The recommendations to the OCJ can be categorized

into 2 main categories:

Judicial Reminders – 4

Education & Training - 4

Overview of OCJ Recommendations

Recommendation 11 (to MCYS, MAG, OCJ)

Reminder of the ”crucial role” of Probation Officers for all in-custody youth

Recommendation 59 (to MAG, OCJ)

Reminder that JPT’s require the attendance of the accused/and or counsel

Reminders

Recommendation 60 (to MAG, OCJ)

Reminder that pleas may be struck and re-entered

Recommendation 61 (to MAC, OCJ, CLA)

CLA provide short-list of qualified amicus counsel

Reminders (cont’d)

Recommendation 24 (to MCYS, MAG, OCJ, CLA,

LAO)

Formal training and education for all “Justice System Professionals” on youth and mental health issues

Education & Training

Recommendations 25 and 28 (to MCYS, MAG, OCJ,

CLA, LAO)

Create a Case Study of the GA case for ongoing training

Recommendation 64 (to MCYS, MAG, OCJ)

Annual training on the legal principles of amicus curiae

Education & Training (cont’d)

I am indebted to:

Our Co-Op Student, Taylor Comden, and

Our Judicial Secretary, Tammy Irvine

Thank You