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Supreme Court Clarifies Proof Standard for Sentencing Youth as Adults

The court ruled prosecutors must prove beyond a reasonable doubt that a young offender possesses adult-level moral judgment before seeking an adult sentence

A general view of the Supreme Court of Canada in Ottawa, Ontario, Canada April 30, 2025.  REUTERS/Amber Bracken
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Overview

  • Under the Youth Criminal Justice Act, young offenders benefit from an initial presumption of diminished moral blameworthiness
  • Judges must not weigh offence seriousness when evaluating whether a youth’s maturity rebuts this presumption
  • The Supreme Court upheld one adult life sentence and overturned another in two Ontario murder cases using the new framework
  • Courts should look for signs of adult-level planning, foresight and independence to determine moral capacity
  • Experts say the ruling upholds the Act’s rehabilitative focus while giving prosecutors clear proof requirements