Case stayed after youth’s name released to media

A court has stayed proceedings against a youth whose name was made public by an Alberta policing unit, even though he was under the age of 18.

The youth, who can’t be identified, was one of more than a dozen people charged following a child luring investigation by the Alberta Law Enforcement Response Team (ALERT).

ALERT announced the charges in a news release in November 2018. The agency later held a news conference featuring a staff sergeant from its Internet Child Exploitation unit. The news was carried on CTV and Global News as well as in the Edmonton Journal. The accused’s age was listed as 18.

After sending out the news release naming the accused, however, ALERT’S communications director was informed the accused was actually 17 at the time of his arrest.

ALERT sent another email retracting the name and asking media organizations to remove it from their reports, but a judge ruled the damage had been done.

“It is virtually impossible to stuff the genie back into the bottle once information has been published on the internet,” provincial court Judge P.E. Kvill wrote in a July 29 decision.

Canada’s Youth Criminal Justice Act makes it an offence to publish the names of people charged with crimes who are under the age of 18.

Kvill wrote: “the Youth Criminal Justice Act, at its heart, intends to not only hold young offenders responsible for their crimes but also to ensure that these youth (are) afforded the best opportunity to renounce crime and become good citizens.”

“That goal becomes more difficult when youths are stigmatized as criminals.”

According to the decision, the youth pleaded guilty June 24 to possessing child pornography and another offence.

The decision states the youth

He stated that on that day he wanted to end his life, he believed he would be hated by everyone ...

was posing as a modelling agency when he emailed the mother of a 17-year-old girl he knew. The email claimed that to be considered for an upcoming photo shoot, the girl would have to submit photos of her bare chest. The girl and her mother agreed to send the photos, which police later found on the accused’s computer. He was charged in August 2018, while he was 17.

The youth learned that his name had been released to media while at school in November 2018.

“He ran outside, called his mother and arranged to be (picked) up,” the court said. “He stated that on that day he wanted to end his life, he believed he would be hated by everyone and he wouldn’t be able to even walk outside his door.”

The case has affected the youth’s ability to apply for university and work and has led his extended family to shun him.

The youth’s lawyer argued the court should stay the charges as a result of the breach. The Crown argued that the youth’s probation order should be reduced to 12-18 months from 18-24 months.

In a statement, ALERT said the release of the youth’s name was inadvertent and that it has since “instituted a number of administrative processes to further prevent a similar situation from happening again.”

ALERT is an integrated police agency that investigates drug trafficking, child exploitation and gang violence.