The provisions allowing for the imposition of an adult sentence are found within subsections 64(1)(2) and (3); 67; 69(2); 71, and 72, to 81 of the YCJA. Many sections and subsections have been repealed since the Supreme Court of Canada’s decision in R. v. B. (D).1 This case decided that the presumption of adult sentences and previous reverse onus provisions violated section 7 of the Charter and could not be justified under the Charter. This required that the federal government repeal all of the offending provisions.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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