The appellant, a young offender just under 18 years of age, was charged with first degree murder.
The Crown applied to transfer him to ordinary court under s. 16 of the Young Offenders Act.
The Youth Court judge dismissed the application, finding a heavy onus on the Crown.
The Court of Queen's Bench affirmed, but the Court of Appeal reversed, ordering the transfer.
The Supreme Court of Canada dismissed the appeal, holding that while the party seeking transfer bears a burden of persuasion, it is not a 'heavy' onus.
Furthermore, provincial reviewing courts have an independent discretion under s. 16(9) and (10) to evaluate whether a transfer should be made, based on the facts found by the Youth Court judge.
The Court of Appeal properly applied the relevant factors in ordering the transfer.