R. v. T.R.A., 2011 NSCA 115
Opinion
NOVA SCOTIA COURT OF APPEAL Citation: R. v. T.R.A. , 2011 NSCA 115 Date: 20111206 Docket: CAC 350489 Registry: Halifax Between: T.R.A. (A Young Person Within the Meaning of the Youth Criminal Justice Act ) Appellant v. Her Majesty the Queen Respondent Publication Ban: pursuant to s. 110 and 111 of the Youth Criminal Justice Act Judges: MacDonald, C.J.N.S.; Beveridge and Bryson, JJ.A. Appeal Heard: December 6, 2011, in Halifax, Nova Scotia Written Release: December 8, 2011 Held: Leave to appeal denied per oral reasons for judgment of MacDonald, C.J.N.S.; Beveridge and Bryson, JJ.A. concurring.
Counsel: Chandra Gosine, for the appellant Jennifer A. MacLellan, for the respondent PUBLISHERS OF THIS CASE PLEASE TAKE NOTE THAT s. 110 (1) and s. 111(1) OF THE YOUTH CRIMINAL JUSTICE ACT APPLIES AND MAY REQUIRE EDITING OF THIS JUDGMENT OR ITS HEADING BEFORE PUBLICATION.
(1) Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act. 111.
(1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person. Reasons for Judgment : (Orally) [ 1 ] We are of the unanimous view that leave to appeal be denied. The denial of leave in this case should not be construed as recording our agreement with the state of the law as expressed by the
summary conviction appeal court judge. [ 2 ] As this Court highlighted in R. v. MacNeil , 2009 NSCA 46 and R. v. R.E.M. , 2011 NSCA 8 , not all questions of law merit a second appeal. MacDonald, C.J.N.S. Concurred in: Beveridge, J.A. Bryson, J.A.
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