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
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