Administration - Inquiries - Disclosure of information

Law360 Canada ( November 15, 2024, 2:18 PM EST) -- Appeal by media companies and journalists ("Appellants") against the Superior Court of Justice's dismissal of their application for certiorari to set aside the Youth Court's decision. The Appellants sought access to court records related to proceedings against eight young persons charged with second-degree murder. The Youth Court judge granted the Appellants partial access to redacted Records but denied access to unredacted Records, finding that full access was not desirable in the interest of the proper administration of justice at that early stage. The Superior Court judge upheld the Youth Court decision and dismissed the Appellants' application for certiorari and their constitutional challenge to the Youth Criminal Justice Act ("YCJA") provisions restricting access. The Appellants argued that the open court principle entitled them to full, unredacted access to the records. They contended that the YCJA should be interpreted to allow media access without the need for a formal application. They also challenged the constitutionality of the YCJA provisions that restricted access to and publication of information in youth court records. The Respondents argued that the YCJA’s privacy protections for young persons were paramount, and that the media’s access should be limited to prevent inadvertent disclosure of identifying information. They maintained that the Youth Court judge correctly applied the statutory test under the YCJA, which required a valid interest and that access be desirable in the interest of the proper administration of justice....
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