R v DB [presumption of youth sentence, onus on Crown for adult sentence]

Court: Ontario Court of Appeal and Supreme Court of Canada, 2006

D.B. is a young person who was found guilty of manslaughter and given a youth sentence. The sentencing judge declared unconstitutional the sections of the Youth Criminal Justice Act which make it a presumption that the youth would get an adult sentence and have his identity published. The Crown appealed the decision to the Ontario Court of Appeal. Justice for Children and Youth was made an intervener in the appeal and argued that the sentencing judge was correct.

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R v CD & CDK [Definition of “violent offence”]

Court: Supreme Court of Canada, 2005

JFCY intervened in 2 cases heard together in the Supreme Court of Canada in the spring of 2005 about the interpretation of the term “violent offence” under the Youth Criminal Justice Act. This was one of the first cases in which the Court was asked to interpret the relatively new Youth Criminal Justice Act.

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BVN & BWP v R [General Deterrence & the YCJA]

Court: Supreme Court of Canada, 2006

Justice for Children and Youth appeared as interveners at the Supreme Court of Canada on these two cases which were heard together, appealing decisions from the Courts of Appeal in British Columbia and Manitoba. The cases involved sentencing appeals in which the issue was whether general deterrence was a factor to be considered in sentencing a young person under the YCJA.

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R v AM [Sniffer Dogs in Schools]

Court: Supreme Court of Canada, 2008

JCCY intervened at the Supreme Court of Canada in a case against a student at a Sarnia high school. Using a practice that some schools and boards liked more than others, the principal invited the police to drop by with their sniffer dogs to search for drugs anytime.

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R v LTH [Police Interrogation of Young People]

Court: Supreme Court of Canada, 2008

JFCY intervened at the Supreme Court of Canada in a case against a young person from Nova Scotia. The young person had been charged with dangerous driving causing bodily harm. When he was taken to the police station, the police went through a standard form with him, telling him about his right to refuse to answer questions or to have a lawyer or other adult present. While the officer was reading the form, the responses of the young person seemed to indicate that he did not understand the nature of the form.

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R v KM et al [DNA samples]

Court: Ontario Court of Appeal, 2011

JFCY intervened at both the Ontario Court of Justice and the Ontario Court of Appeal in this case about whether it is constitutional to compel the taking of DNA samples from young people who have been found guilty of designated offences, under ss. 487.051(1) and (2) of the Criminal Code.

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KB and TM v Toronto District School Board and Louie Papathanasakis (principal) Emery Collegiate Institute (Court file 55/06) [School transfers]

Court: Ontario Divisional Court, 2006

JFCY intervened as a “friend of the court” at a judicial review at the Ontario Divisional Court. Lawyers at JFCY would have argued that a principal and school board cannot use powers under ss. 265 (1)(m) and 305 of the Education Act to transfer students to another school once the student’s suspensions have been completed and they would otherwise return to their…

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Jackson v Toronto Catholic District School Board et al [Expulsions, Fair Hearing, Right to an Education]

Court: Ontario Divisional Court, 2006

JFCY was granted intervener standing in a judicial review of an expulsion of an 11 year old boy from a Toronto school. This is one of the first cases before the Ontario Divisional Court to address the application of the Safe Schools Act which has led to a significant increase in the number of students expelled from Ontario public schools.

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