A B.C. Provincial Court judge has ruled a “fit and strong,” six-foot-one, 200-pound young offender causing havoc at the Burnaby Youth Custody Services Centre (BYCS) should serve the rest of his time in adult prison.
The 19-year-old, who can’t be named because he was convicted under the Youth Criminal Justice Act, is serving a pair of youth sentences until at least July 10, 2019, according to court documents.
Despite being over 18 years old, he would normally be allowed to serve that time at a youth centre, but his tenure at such facilities has been chockfull of incidents of violence, intimidation and defiance, and B.C.’s director of youth justice applied to the court to have him serve the rest of his time in adult prison.
The youth, referred to as D.A.V. in a recent court ruling by Judge Marguerite Shaw, has been involved in more than 90 incidents at different centres since 2016, including multiple assaults on other youth and staff.
He began 2018 by verbally abusing the nurse dispensing medications at Burnaby Youth Custody Services on Jan. 1, sparking a 30-minute standoff with eight staff members.
“He engaged in aggressive swearing, yelling, and posturing with clenched fists, getting into staff’s personal space, intimidating them, and shouting that he runs the centre not the staff,” states Shaw’s ruling. “He grabbed a piece of a Christmas tree and held it in a threatening manner.”
Later that same month, another incident saw him assault a 16-year-old fellow inmate and hurt a number of staff members, earning himself an adult conviction and some time at adult jails before being transferred back to the Burnaby youth facility.
“D.A.V.’s risk level is seen to be so concerning that he is subject to two staff members personally supervising him at all times, which is not the norm for the BYCS facility,” states the ruling.
Having completed his adult high school graduation requirements and a number of other certificates, D.A.V. had no longer been attending school during the day.
“He spends most of his time on the living unit, playing board games, watching television, going to the fitness room and gym, and playing video games in the multipurpose room,” states the ruling.
Shaw agreed with the director of youth justice that keeping D.A.V. at the Burnaby youth facility wasn’t in his best interest.
“Part of his rehabilitation needs to be focused on D.A.V. getting as many skills and training as he can to become employable, as well as address his personal mental health challenges such as controlling his frustration and anger. The adult correctional facility has the resources available if D.A.V. chooses to access them,” she wrote. “D.A.V. is currently spending most of his day with no set goals or direction and he would have an opportunity to have a job at the adult facility.”
Shaw agreed it wasn’t in the public’s best interest either for D.A.V. to stay at the Burnaby youth facility.
“I find the interference, disruption and violent behaviour occasioned by D.A.V. significantly prejudices the opportunity and environment for the rehabilitation and safety of other youth,” Shaw wrote. “He has caused injury to other residents. He is a negative role model for other youth. … I find that D.A.V.’s aggression and anger can no longer be safely managed at a youth correctional centre.”
