July 18, 2025
RED FM News Desk
The Supreme Court of Canada has established a new standard that Crown prosecutors must meet when seeking adult sentences for youth offenders.
The court stated that prosecutors must prove beyond a reasonable doubt that the youth possesses the developmental age and capacity for moral judgment of an adult.
Under the Youth Criminal Justice Act, youth are presumed to have what is known as diminished moral culpability. The onus will now be on Crown prosecutors to demonstrate that this principle does not apply to a specific offender.
The Supreme Court reviewed two Ontario cases where youth offenders had been sentenced as adults. The court upheld one of these cases while overturning the other.
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