The Crown appealed an order transferring a 17-year-old charged with second degree murder from ordinary court to youth court under the Young Offenders Act.
The appeal turned on whether the respondent had shown likely rehabilitation within the seven-year dispositional period, given psychiatric evidence of schizophrenia and possible conduct disorder.
The court held that the youth court judge misconstrued and misapplied the psychiatric evidence by making a definitive finding excluding conduct disorder despite significant evidentiary gaps.
Because the respondent failed to establish likely rehabilitation within the statutory period, the transfer order was set aside and the matter was directed to remain in ordinary court.
