The Crown appealed a youth court decision that struck down provisions of the Youth Criminal Justice Act (YCJA) requiring a young person convicted of a presumptive offence to prove that a youth sentence is sufficient and to justify maintaining a publication ban.
The youth had pleaded guilty to manslaughter.
The Court of Appeal upheld the trial judge's finding that the onus provisions violate section 7 of the Charter by presuming adult treatment and reversing the burden of proof for aggravating sentencing factors.
The Court also upheld the youth sentence imposed but quashed the trial judge's order requiring the Crown to pay the youth's costs for the Charter application.
