JURISDICTION - Courts - Provincial and territorial courts

Law360 Canada (January 29, 2021, 2:48 PM EST) -- Appeal by TJM, a young person charged with second-degree murder, from a decision of the Alberta Court of Queen’s Bench that found that a justice of a superior court did not have jurisdiction to hear and adjudicate an application for judicial interim release of a young person. The Crown had given notice of its intention to seek an adult sentence, entitling TJM to elect the mode of trial. He elected trial by a superior court judge sitting without a jury, requested a preliminary inquiry and sought judicial interim release before the application judge, a justice of the Court of Queen’s Bench of Alberta. The application judge found he had no jurisdiction to grant judicial interim release to a young person as Parliament had vested exclusive jurisdiction in the designated youth court for the province, the provincial court of Alberta. The parties acknowledged the appeal was moot as the Crown had entered a stay of proceedings....
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