A federal Crown attorney is asking for a second bail hearing less than two weeks after a Kingston youth suspected of terrorist acts was released into the care of two responsible persons.
The youth is facing four charges: facilitating a terrorist activity, counselling someone to use an explosive or other lethal device to cause death or serious bodily injury, possession of explosive materials and taking action to cause an explosion. He is also facing a provincial charge after allegedly uttering threats.
The youth has been out on bail under several strict conditions since April 3. The justice of the peace presiding over the hearing denied the youth’s bail, but he was released on Section 31 of the Youth Criminal Justice Act, which makes it mandatory for a justice of the peace to consider releasing a youth into the custody of responsible persons.
A responsible person release is only offered to young people and differs from regular bail. If the youth breaks any conditions of their release, the responsible person could face criminal charges.
On Friday, the Crown asked for the previous bail hearing to be reviewed and for a brand-new bail process to begin.
Federal Crown attorney Luc Boucher said the decision was based on Section 33 of the Youth Criminal Justice Act, which states that a new bail hearing can be requested by either party if the previous decision was not made by a youth court judge.
The youth’s defence counsel, Simon Borys, says there is no jurisdiction for the court to grant a new bail hearing since Section 33 makes no mention of a release to responsible persons.
The judge deferred the decision to April 23.
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