Minister urged to make changes after youth without lawyer jailed

Changes need to be made to the bail system involving justices of the peace, after a Siksika youth was detained for four days, his lawyer argued Friday.

Ben Leung, who appeared for the youth as duty counsel Sept. 7, said the teen was ordered remanded in custody three days earlier, despite not having any legal advice.

Leung said when he raised the issue with the Crown in Siksika court, the two charges of breaching release conditions for which he was detained were withdrawn.

But Leung, who sent a letter to Justice Minister Kathleen Ganley, demanding changes that would mean duty counsel would always be available for youths appearing before justices of the peace, said the youth should never have been detained.

Leung said he felt “anger and disappointment” when he learned the teen had been in jail for four days, a greater punishment than what he would have received if convicted of the breaches.

“We all work hard to ensure that the system is robust and it’s fair, and when you see such gross unfairness happening, it provokes a very visceral reaction,” he said.

In his letter to the minister demanding changes, Leung said the teen’s detention violated provisions of the Youth Criminal Justice Act requiring counsel for youth.

“The lack of duty counsel to advise and represent young people while in custody and awaiting judicial interim release is contrary to the provisions of the Youth Criminal Justice Act,” he wrote.

Leung said youth cannot be ex- pected to represent themselves against a Crown prosecutor seeking their detention.

The lawyer wants Ganley to immediately direct Legal Aid to provide duty counsel at bail offices for all young persons.

He also wants Ganley to refer the matter to a Court of Queen’s Bench hearing to get a judicial ruling requiring defence lawyers be present in youth bail applications.

In this particular case, the prosecutor informed the justice of the peace that both the boy’s mother and grandmother did not want him returned to their homes.

But Leung said that shouldn’t have resulted in him being remanded in custody at the Calgary Young Offender Centre, as other avenues of release, such as to another relative or to a youth centre, should have been canvassed.

“You can’t use jail as an alternative to social welfare,” he said.

In a statement, Ganley said she’s looking into the case.