Brian Lilley;
A just released decision that I’m writing about in the Toronto Sun will make it nearly impossible to hand down adult sentences to young offenders.
Most of the judges ruling on this were appointed by Justin Trudeau, but two of those siding with the majority in the 7-2 ruling were appointed by Stephen Harper including Chief Justice Richard Wagner. The appointment of Wagner to the Supreme Court, later elevated to Chief Justice by Trudeau, may have been Harper’s worst appointment ever.[…]
The language passed by Parliament is pretty clear, if the Crown asks for an adult sentence, the legislation states that the court must be “satisfied” that the two part test to rebut the idea that young offenders have a lower moral culpability has been met. Now, thanks to Wagner and Justice Nicholas Kasirer, who wrote the majority decision, the judge doesn’t just need to be “satisfied” but the Crown must prove their case for an adult sentence “beyond a reasonable doubt.”
Yes, you can get convictions on such a standard but saying you need this standard for an adult sentence will effectively make it impossible to meet.
This was a political decision by mostly, but not all, Trudeau court appointees.
And just in the nick of time.
