Judge upset with lack of support for teenager - Jun. 18, 2010
BY JOHN GARDNER
john@stcroixcourier.ca
ST. STEPHEN – Provincial Court Judge David C. Walker was displeased with the inactions of more than one government department Tuesday morning.
A youth, who cannot be named under the Youth Criminal Justice Act, has become increasingly violent over the past several months and has been in custody at the New Brunswick Youth Centre in Miramichi since his arrest on May 27 after an alleged assault on his mother.
The youth was in court on assault charges, and Walker said he expected someone to tell him where the youth would be housed until his trial.
Both Crown prosecutor Jill Knee and Duty counsel Joel Hanson objected to the young man’s continued incarceration in Miramichi. Knee called on the Department of Social Development to reevaluate the youth on the basis of his Aspergers Syndrome, a form of autism.
However, because the young man is older than 16 he is no longer the responsibility of the Department of Social Development. Likewise, because he is not yet 19 he is not a candidate for housing under adult programs.
Despite a conference held last week with all parties involved, no resolution had been reached.
“As I understand the conference report steps were going to be taken to help this young fellow be cared for,” said Walker.
“Under the current regime that is available to Social Development he does not fit within their criteria for a disabled youth,” responded Knee. “There is a significant gap in my opinion between the ages of 16 and 19.”
This triggered a query from Walker.
“Is there a statutory definition of disabled that says at 16 you are no longer disabled?” The judge called on Patricia Horne, a representative of Social Development, to comment on what the department could do for the young man.
Horne was unable to comment on what the department was able to do. When the judge threatened to impose a court order, Horne indicated she thought the department would have to revisit the case, however still could not commit on what the solution might be.
The matter is scheduled back in court on Friday morning, when Walker said he expects to hear a solution to where the young man will reside.
If no one from the government agencies involved can provide the court with definitive answers the judge said he will subpeona the officials who can say where the youth can be housed. Until that time the youth will be residing with his mother.
Advertisements
