Paola Konge

The Crown brought a motion to quash the appellants' appeal to the Supreme Court of Canada.

The underlying case involved whether a Canada Revenue Agency official was engaged in an investigation or an audit, and whether Charter rights were violated.

Because the Crown had stayed the prosecution, the Supreme Court found the appeal to be moot and granted the motion to quash.

The respondent, a 17-year-old, pleaded guilty to manslaughter, a presumptive offence under the Youth Criminal Justice Act.

The YCJA required the young person to justify why an adult sentence should not be imposed and why a publication ban should apply.

The Supreme Court of Canada held that these reverse onus provisions violate section 7 of the Charter because they are inconsistent with the principle of fundamental justice that young people are entitled to a presumption of diminished moral culpability.

The provisions were not saved by section 1, and the youth sentence imposed by the trial judge was upheld.