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Published July 18, 2025

Supreme Court sets standard for prosecutors seeking adult sentences for youth

By  Anja Karadeglija
July 18 - Supreme Court - adult sentences - youth
The Supreme Court of Canada is seen, Wednesday, August 10, 2022 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

The Supreme Court of Canada has established a standard Crown prosecutors must meet when they are seeking adult sentences for youth offenders.

The court says they must prove beyond a reasonable doubt that the youth has the developmental age and capacity for moral judgment of an adult.

Under the Youth Criminal Justice Act, youth have what is known as diminished moral culpability.

The onus is on Crown prosecutors to prove that principle doesn’t apply to a specific offender.

The Supreme Court was reviewing two Ontario cases in which youth offenders were sentenced as adults.

It upheld one of those cases and overturned the other.

This report by The Canadian Press was first published July 18, 2025.

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