The law courts in Whitehorse. The Yukon Supreme Court has ruled that the Yukon Review Board does not have the jurisdiction to order for hearings to take place outside of the territory. (Mike Thomas/Yukon News file)

Yukon Review Board can’t order hearings outside of the Yukon, court finds

Chad Carlyle applied to Yukon Supreme Court after his review was scheduled for Edmonton

The Yukon Review Board, the independent panel that handles court cases where a person is found not criminally responsible, does not have the authority to hold hearings outside of the territory, the Yukon Supreme Court has ruled.

The decision, issued by Justice Edith Campbell on July 23, also questioned the YRB’s transparency, and was the result of an application filed by a Yukon man detained in an Edmonton hospital whose annual review was suddenly ordered to take place in Alberta instead of Whitehorse.

Chad Carlyle was found not criminally responsible in 2005 of assault, uttering death threats and a probation breach on account of his mental disorders. The Yukon Review Board (YSR) found Carlyle “posed a significant risk to the safety of the public,” Campbell wrote, “and ordered that he be committed to a designated hospital facility.”

Carlyle appeared before the board “regularly” between 2005 and 2017, travelling to Whitehorse from the Alberta Hospital in Edmonton for his annual review in 2017. He resided at the Whitehorse Correctional Centre, which is designated as a hospital, for the duration of his stay.

For his 2018 review, Carlyle again wished to attend the hearing in person. However, the YRB only received notice of his wish about a week before the hearing was scheduled to take place, Campbell wrote, which it said was an insufficient amount of time to arrange for Carlyle’s travel to Whitehorse.

Another date was set for May. The YRB told everyone that Carlyle would be attending via video call, and that the meeting would just be used “to address the issues of accommodations and logistics, with respect to Mr. Carlyle’s attendance in Whitehorse” before being adjourned to a later date.

It was during that meeting that the YRB first raised concerns about where Carlyle would stay in Whitehorse and suggested to hold the rest of the review in Alberta, to the surprise of everyone else.

In early June 2018, the YRB wrote to all parties that it had decided to hold the remainder of Carlyle’s review at the Alberta Hospital.

Carlyle’s lawyer, as well as lawyers for the director of public prosecutions and the director of mental wellness and substance use services, opposed the decision, questions YRB’s jurisdiction as well as informing it that Carlyle was “content to be lodged at the WCC for the relatively brief period that his presence would be required for the hearing.”

However, the YRB issued an interim order on July 25, 2018, officially stating that the review hearing would be held at the Alberta Hospital with the option for parties to appear in Edmonton or by video conference from Whitehorse.

Carlyle filed an application to the Yukon Supreme Court shortly after, seeking a review of the YRB’s decision.

Carlyle, Campbell wrote, argued that there was “no practical need or necessity for the YRB to possess the extraordinary authority to sit outside its jurisdiction,” and that “there was no need in this case to hold a hearing in Alberta.”

“The YRB granted a remedy no one asked for,” Campbell wrote, summarizing Carlyle’s position. “Mr. Carlyle was prepared to travel to the Yukon for his hearing even if it meant spending a few nights at WCC. The Government of Yukon was also prepared to transport and house Mr. Carlyle for his hearing in the Yukon.

“The YRB indicated no concern that Mr. Carlyle would be unable to have a fair hearing in the Yukon. Instead, the YRB appears to have been concerned generally by Mr. Carlyle being housed for a few days at (Whitehorse General Hospital) or at WCC to attend his hearing in the Yukon.”

The YRB, meanwhile, argued that picking the location or venue for a hearing is “left to its discretion on a case-by-case basis, keeping in mind that what is critical is the statutory right of (not criminally responsible) accused persons to be present at their hearing.”

Campbell concluded, after hearing submissions and analyzing the section of the Criminal Code concerning the handling of not criminally responsible cases, that the YRB does not have the jurisdiction to hold dispositions or review hearings outside of the Yukon.

She also found that, if the meeting in May 2018 wasn’t just a preliminary matter but the start of the actual review hearing, “the YRB’s actions were in direct contravention to the statutory right of Mr. Carlyle to appear in person at his review hearing.” As well, the YRB failed to inform other parties beforehand about its concerns about Carlyle’s accommodations in Whitehorse and its idea to hold the review in Alberta, meaning they could not prepare proper replies or evidence.

Campbell quashed the YRB’s order to hold Carlyle’s review at the Alberta Hospital in Edmonton, and ordered that the YRB issue a new order for Carlyle to be brought to the Yukon for the completion of his annual review hearing.

Contact Jackie Hong at jackie.hong@yukon-news.com

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Chief Medical Officer of Health Dr. Brendan Hanley issued a public exposure warning on April 9. (Crystal Schick/Yukon News file)
COVID-19 exposure notice issued for Air Canada flight

The Yukon’s Chief Medical Officer of Health Dr. Brendan Hanley issued a… Continue reading

Wyatt's World
WYATT’S WORLD

Wyatt’s World for April 9, 2021.… Continue reading

Landon Kulych, the city’s manager of parks and community development, is seen addressing city management and council about the potential e-bike bylaw earlier in 2021. First reading of the new bylaw will be considered by council April 13. (Crystal Schick/Yukon News file)
E-bike bylaw considered

Class of bike would determine what trails they could travel

Wyatt's World
WYATT’S WORLD

Wyatt’s World for Arpil 7, 2021.… Continue reading

A new conservancy in northern B.C. is adjacent to Mount Edziza Provincial Park. (Courtesy BC Parks)
Ice Mountain Lands near Telegraph Creek, B.C., granted conservancy protection

The conservancy is the first step in a multi-year Tahltan Stewardship Initiative

Yukon RCMP reported a child pornography-related arrest on April 1. (Phil McLachlan/Black Press file)
Whitehorse man arrested on child pornography charges

The 43-year-old was charged with possession of child pornography and making child pornography

Team Yukon athletes wave flags at the 2012 Arctic Winter Games opening ceremony in Whitehorse. The postponed 2022 event in Wood Buffalo, Alta., has been rescheduled for Jan. 29 to Feb. 4, 2023. (Justin Kennedy/Yukon News file)
New dates set for Arctic Winter Games

Wood Buffalo, Alta. will host event Jan. 29 to Feb. 4, 2023

Victoria Gold Corp. has contributed $1 million to the First Nation of Na-cho Nyak Dun after six months of production at the Eagle Gold Mine. (Submitted/Victoria Gold Corp.)
Victoria Gold contributes $1 million to First Nation of Na-cho Nyak Dun

Victoria Gold signed a Comprehensive Cooperation and Benefits Agreement in 2011

Chief Medical Officer of Health Dr. Brendan Hanley speaks to media in Whitehorse on October 30, 2020. Hanley is now encouraging Yukon to continue following health regulations, noting it could still be some time before changes to restrictions are made. (Crystal Schick/Yukon News file)
No active COVID cases in Yukon

Hanley highlights concerns over variants, encourages vaccinations

Currie Dixon, Kate White and Sandy Silver participated in an all-leaders debate on April 1, which was streamed on Zoom and Facebook live. (Facebook)
Party leaders debate priorities at First Nations candidates forum

Sandy Silver, Currie Dixon and Kate White were present at the debate on April 1

Letters to the editor
Today’s mailbox: Evironment concerns

Letters to the editor published April 1

Most Read