In Hay River Youth Court Dec. 10, Chief Judge Robert Halifax remanded the teen to be held in River Ridge Young Offender Facility in Fort Smith until his sentencing Jan. 7.

The youth pleaded guilty to an NWT Liquor Act offence for consuming alcohol underage.

Punishment for the offence ranges from a fine or community service to probation, but no jail time.

Defence lawyer Michael Hansen challenged the order in NWT Supreme Court Dec. 12.

In a joint submission, Hansen and Crown prosecutor Jonathan Burke asked senior Justice Ted Richard to release the youth on the basis that Halifax had no authority under the Young Offenders Act or Criminal Code to hold the youth in custody.

Their argument was based on habeas corpus, a legal principle which challenges a court-ordered detention.

After Burke and Hansen argued their case, Richard ordered the teen's release but reserved decision.

"This is an unusual case and I'm very reluctant to make an important decision like this in rushed circumstances," said Richard.

The youth was back home in Hay River later that afternoon.

"Effectively, Justice Richard ruled in our favour by releasing (the young person)," said Hansen. "When he issues his reasons we will get to see why he did so, on what grounds he felt it necessary to release the young offender."