C.P. Allen High School stabbing case heading to resolution

Halifax Regional Police violated the Charter rights of a teenager accused of an attack on two staff members at a suburban Halifax high school, says a Nova Scotia judge.

But Elizabeth Buckle said Friday there are remedies available short of staying the charges against the youth.

The teen is facing multiple charges, including two counts each of attempted murder and aggravated assault, for an incident at C.P. Allen High School last March.

School had just resumed after March break when a vice-principal and another school staffer were stabbed during a confrontation in the school's office.

The accused teen was also wounded and arrested on school grounds. He was taken to hospital for treatment and police were with him the entire time, recording his interactions with medical staff. Police recorded eight hours in total.

The teen's lawyers argued the recordings are a clear breach of their client's rights. They asked that all 11 charges against him be stayed.

Buckle agreed there had been a breach, citing the fact that police failed to disclose they were recording and also seized the boy's clothes without a warrant.

The judge also addressed a separate breach that occurred when a sheriff's deputy took a photograph of the teen when he was at the courthouse and posted the image in a chat group, along with the boy's name.

The sheriff was fired for his actions and charges against him were dealt with through adult diversion.

Case will be back in court later this month

Buckle said these actions by "state actors" were serious breaches that could not be tolerated and such conduct cannot continue. She said they could be factors in sentencing, should the youth be found guilty.

Immediately following Buckle's decision, defence lawyer Paul Sheppard announced they had reached a resolution agreement with the Crown and that a trial would not be necessary.

Instead, the case will come back to court later this month when the teen will enter a plea and an agreed statement of facts will be read into the record. Sentencing will occur at a later date.

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