The Chronicle Herald (Metro)

Judge refuses to stay teen’s charges

Boy intends to enter guilty pleas, lawyer tells court

- STEVE BRUCE THE CHRONICLE HERALD sbruce@herald.ca @Steve_courts

Police and a sheriff’s deputy breached a boy’s charter rights after he was arrested for allegedly stabbing two staff members at his Bedford high school last March, a youth court judge has ruled.

But Judge Elizabeth Buckle, in a decision Friday, refused the defence’s request for a stay of the teen’s charges, saying other steps can be taken at trial or sentencing to remedy the charter violations.

“A stay of proceeding­s is a rare and exceptiona­l remedy that must only be imposed in the clearest of cases, where no other remedy is capable of redressing the prejudice,” Buckle said.

The identity of the 16-year-old boy is protected under the Youth Criminal Justice Act.

He faces 11 charges from an incident at Charles P. Allen High School on the morning of March 20, 2023: two counts each of attempted murder, aggravated assault, possession of a weapon for a dangerous purpose and carrying a concealed weapon, and single counts of possession of a prohibited weapon, possession of a weapon knowing it was unauthoriz­ed and mischief.

Halifax Regional Police responded to a weapons call at the school at about 9:20 a.m. A student had stabbed a viceprinci­pal and an administra­tive assistant before fleeing the school.

The boy was arrested outside the school at about 9:30 a.m.

The employees were taken to hospital with serious injuries but were released from hospital within a few days.

The suspect, who allegedly harmed himself with a knife, was treated at hospital for non-life-threatenin­g wounds.

The teen had a bandage on his throat when he first appeared in court March 21. The Crown gave notice that day that if the boy is convicted, it could apply to have him sentenced as an adult.

The teen pleaded not guilty to the charges last June, shortly before he was granted bail.

He was scheduled to go on trial in Halifax youth court March 18, but defence lawyers Paul Sheppard and Anna Mancini applied for a stay of proceeding­s in advance of the trial.

The lawyers argued in January that their client’s privacy rights were first breached by police, who remained with him while he received treatment in an ambulance and at hospital and audiorecor­ded about eight hours of his interactio­ns with medical staff.

Police did not advise medical staff or the boy’s family that they were being recorded. Police also also seized the teen’s clothing without a warrant.

The defence lawyers alleged the other breach under the Canadian Charter of Rights and Freedoms happened after the boy was transporte­d to the Spring Garden Road courthouse for a court appearance. While the teen was in a cell at the courthouse, a sheriff’s deputy photograph­ed him and then published his picture, along with his name and the charges he was facing, in a group chat on social media.

The sheriff’s deputy lost his job and was charged with breaching publicatio­n ban provisions of the YCJA. His charge ended up being diverted to the province’s Restorativ­e Justice Program.

Crown attorneys Terry Nickerson and Jamie Van Wart informed the court in January they would not be using the recording made by police as evidence at trial.

In her decision, the judge said there were important contextual factors to the defence applicatio­n.

She said the accused, as a young person, “is legally entitled to special protection­s, including robust protection of his privacy that applied at the time of arrest through the trial process and beyond.

“Second, the privacy intrusions relate to health-care informatio­n and publicatio­n of (his) identity. Finally, the charges and the surroundin­g circumstan­ces are very serious. … (The) charges stem from a knife attack on a vice-principal and administra­tive assistant at a very busy high school while school was in session.”

Buckle said she had concluded that the conduct of police in recording health-care informatio­n breached the boy’s right to be free from unreasonab­le search and seizure, and that the conduct of the sheriff’s deputy in identifyin­g him on social media deprived him of his right to liberty and security of person.

'CONDUCT WAS OFFENSIVE'

“In considerin­g a remedy, I have concluded that the conduct was offensive ..., should not be tolerated and harms the integrity of the justice system," the judge said. "I also concluded that there is some evidence of systemic issues that suggest at least the possibilit­y that the conduct could continue, and the possibilit­y that allowing the trial to proceed without remedy could further harm the integrity of the justice system.

“I have concluded that while no remedy, including a stay of proceeding­s, could remedy the privacy breach caused by the deputy sheriff’s actions, there are other remedies that can assist and that will redress the prejudice that is capable of redress. I’ll hear submission­s from counsel at a later date on what those remedies could be. The most significan­t would be sentence reduction, if there is a finding of guilt.”

Sheppard then told the court that the boy intends to plead guilty to some of his charges later this month.

“I can advise that just this week the Crown and the defence have had discussion­s in the event that Your Honour did not impose a stay today,” Sheppard said. “It’s safe to say that we have reached a resolution.”

Van Wart said the plan is for guilty pleas to be entered March 18. He said an agreed statement of facts will be presented to the court and presentenc­e reports ordered.

 ?? TIM KROCHAK ■ THE CHRONICLE HERALD ?? Halifax Regional Police forensic identifica­tion officers work outside Charles P. Allen High School in Bedford on March 20, 2023. A 15-year-old student was arrested after two staff members were stabbed with a knife.
TIM KROCHAK ■ THE CHRONICLE HERALD Halifax Regional Police forensic identifica­tion officers work outside Charles P. Allen High School in Bedford on March 20, 2023. A 15-year-old student was arrested after two staff members were stabbed with a knife.

Newspapers in English

Newspapers from Canada