Brian Weagant

The appellant, a young offender, appealed a decision of the Ontario Court of Appeal which had allowed the Crown's appeal from a stay of proceedings ordered by the trial judge due to delay.

The Supreme Court of Canada applied the framework from R. v. Morin and considered the societal interest in proceeding expeditiously with charges under the Young Offenders Act.

The Court agreed with the Court of Appeal that there was no unreasonable delay in this case and dismissed the appeal.

The respondent, a young offender, was charged with possession of stolen goods in Ontario.

He argued that Ontario's failure to implement alternative measures programs under section 4 of the Young Offenders Act violated his equality rights under section 15(1) of the Charter, as such programs were available in other provinces.

The Supreme Court of Canada allowed the Crown's appeal, holding that section 4 is valid federal criminal law that grants provinces the discretion, but not the obligation, to establish alternative measures programs.

The Court further held that the differential application of the law based on province of residence did not violate section 15(1) of the Charter, as province of residence in this context is not a personal characteristic and differential application is a legitimate feature of the federal system.