Lauren M. Wilhem

The Crown appealed a youth sentence for dangerous driving causing death.

The sentencing judge had found that ss. 42(5)(a) and 42(2)(p) of the Youth Criminal Justice Act, which restrict deferred custody orders, violated ss. 7 and 15(1) of the Charter.

The Court of Appeal allowed the appeal, holding that the provisions are constitutional when viewed within the YCJA's broader sentencing framework, which provides robust non-custodial alternatives like youth probation.

The sentence was varied to 18 months' probation and 100 hours of community service.

The Court of Appeal for Ontario considered the constitutionality of two sentencing provisions of the Youth Criminal Justice Act (YCJA) relating to deferred custody and supervision orders (DCSOs): ss. 42(2)(p) and 42(5)(a).

The sentencing judge had found these provisions unconstitutional and imposed a DCSO sentence not otherwise available.

On appeal, the Court of Appeal found that the sentencing judge erred in her constitutional analysis and in failing to apply the impugned provisions and other relevant sections of the YCJA.

The Court substituted a sentence of 18 months’ probation and a 100-hour community service order, with credit for time served under the DCSO.