(LAC SEUL, ON) – On November 30th, 2019, a youth who was in the care of Tikinagan Child and Family Services is alleged to have breached their bail condition which imposed a curfew on them.
Their curfew was set to be between 8:00 pm and 6:00 am, as stated in the bail order. Officers with the Lac Seul First Nations Police Service located and arrested the youth. During the incident, two officers were assaulted by the youth, one with a weapon. The youth compounded their situation by threatening to cause death to one of the officers.
In accordance with the Youth Criminal Justice Act, the youth cannot be named in any publications.
This morning at the Thunder Bay Courthouse, the youth appeared for their court appearance via telephone call from the Lac Seul First Nations Police Service station. Justice of the Peace Bruce Leaman was presiding along with Crown Attorney P. Pasloski and duty counsel lawyer Justin Mcconnell. The youth is facing a considerable list of charges which all stem from the November 30th, 2019 appearance. Those charges are:
- Breaching bail condition (curfew 8:00 pm to 6:00 am).
- Uttering threats to cause death to a police officer.
- Assault police with a weapon.
- Assault police.
Justice of the Peace Leaman tells the court that the youth has a long list of existing charges that are already before the courts. He decides to skip over reading the list which is unusual for this Justice of the Peace. This indicates the length of the list to be a burden to read.
Further, court hears that this youth is currently in the care of Tikinagan Child and Family Services and that no workers were available to attend the youths court date this morning. Typically, courts are concerned with releasing youths on their own after being arrested. When a parent or guardian is not present in court, it almost ensures the youth will be held in custody until the next court date. A parent or guardian will get a “notice to parent” which will request their presence in court to take the youth, once released.
The Crown Attorney tells the court that the youth is in a Crown-onus situation automatically due to being a youth, the Crown will always carry the burden to show the courts why a youth should remain in jail. Further, the court hears that the long list of existing charges before the courts along with primary and secondary ground concerns are forcing the Crown’s hand to push for the youth to remain in jail. Primary ground concerns means that the Crown believes there is a substantial likelyhood that the accused will not return for court, should they be released. Secondary ground concerns tells us that the Crown believes that the youth is a substantial risk to either re-offend, become a public safety concern or both, should they be released.
The youth is ordered to remain in jail for now, at least until Monday, December 2nd, 2019, when they are scheduled to appear in a Sioux Lookout courtroom for another swing at bail.