Sentencing Law and Policy (Free subscription) | 05/16/2008
As detailed in news reports here and here, "Canadian courts must treat juvenile killers more leniently than adults unless the government can show compelling reasons to give them adult sentences, the Supreme Court of Canada ruled on Friday." Here's more...
How Appealing (Free subscription) | 05/17/2008
"Crown must justify adult sentences: ruling." The Toronto Globe and Mail today contains an article that begins, "A fractured Supreme Court of Canada yesterday struck down a law forcing young offenders who are guilty of serious, violent offences to be...
The Court (Free subscription) | 05/16/2008
This morning the Supreme Court of Canada released its long-awaited judgment in R. v. D.B., 2008 SCC 25. The case deals with the constitutionality of provisions in the Youth Criminal Justice Act, S.C. 2002, c. 1 (”YCJA”) which create a presumption that youths over fourteen years of age, charged with serious violent crimes, be [...]
KerPlonka! (Free subscription) | 05/17/2008
I was listening to the radio at work yesterday and there were an awful lot of callers angry about this Supreme Court decision ruling that the Crown must now prove why young offenders must be treated like adults, and not the other way around (Actual text is here .) The basic reasoning for each side is as follows: The majority (the side whose opinion stands) essentially argues as follows: Because...
