Summary

38944

T.J.M. v. Her Majesty the Queen

(Alberta) (Criminal) (By Leave)

(Publication ban in case) (Certain information not available to the public)

Keywords

Criminal law - Young persons - Criminal law - Young persons - Judicial Interim Release - Application for bail to a judge of the Alberta Court of Queen’s Bench dismissed - Jurisdiction over bail - Whether the application judge erred in interpreting s. 13(2) of the Youth Criminal Justice Act, SC 2002, c. 1 to find he did not have jurisdiction to hear the judicial interim release application of a youth charged with murder, a s. 469 of the Criminal Code offence.

Summary

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(PUBLICATION BAN IN CASE)(COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)

The appellant was charged with second degree murder contrary to section 235(1) of the Criminal Code arising from a shooting on Cold Lake First Nation. He was alleged to be part of a group which fired shots into a house, killing one person as part of a turf dispute involving the sale of drugs on the reserve. The appellant is a young person within the meaning of the Youth Criminal Justice Act, SC 2002, c. 1. The Crown gave notice to seek an adult sentence if the appellant is convicted. As such, the appellant was given an election as to mode of trial pursuant to sections 67(1)(d) and 67(1)(b) of the YCJA. The appellant elected to be tried by superior court judge alone with a preliminary inquiry. Counsel for the appellant appeared in the Court of Queen’s Bench of Alberta seeking judicial interim release pursuant to s. 33(8) of the YCJA. Renke J. held that he did not have jurisdiction to hear the appellant’s judicial interim release application, and dismissed the application.