What is the effect of exclusion of J.S.s. from secondary school during the night?

Ontario, Canada


The following excerpt is from R. v. J.S., 2007 CanLII 44356 (ON SC):

The exclusion of J.S. from L[…] Secondary School was designed, it seems, to keep distance between the appellant and the victims/witnesses during the day. Undoubtedly, the officer’s additional discussions with J.S. and his mother as to his day-time schedule provided the police the necessary level of comfort that no additional conditions were required to restrain J.S.’s conduct between 7:00 a.m. and 8:00 p.m. At night, crime is generally less visible and less subject to monitoring by others: Schleifer v. City of Charlotteville, 159 F. 3d 843, 851 (4th Cir. 1998). In the circumstances of the alleged commission of two serious sexual crimes by a young person within a three-month period, compelling a young person to remain home at night under the guidance and control of his parent(s) and away from the temptation to interfere with complainants or witnesses, provides a reasonable and tailored measure of protection for victims and witnesses.

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