COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. CHRISTOPHER PIETTE (Appellant)
BEFORE:
O'CONNOR A.C.J.O., WEILER and ABELLA JJ.A.
COUNSEL:
Melvyn Green for the appellant
Thomas Galligan for the respondent
HEARD & ENDORSED:
July 3, 2003
On appeal from the judgment of Justice J.D. Keast dated June 14, 2002.
APPEAL BOOK ENDORSEMENT
1In refusing the application to transfer the charge of first degree murder to the Youth Court, the transfer judge gave very careful and thorough reasons. In our view, there was ample evidence to support the important findings of fact made by the transfer judge. We are not persuaded that he misapprehended or ignored any of the material evidence.
2Accepting those findings of fact, as we must, we agree with the transfer judge's conclusion that the appellant has not discharged the onus of showing that the public can be adequately protected through the disposition scheme established under the Young Offenders Act. The appeal is, therefore, dismissed.