Top Five 2006: R v BWP; R v BVN

Each year at OJEN’s Toronto Summer Law Institute, a judge from the Court of Appeal for Ontario identifies five cases that are of significance in the educational setting. This summary, based on these comments and observations, is appropriate for discussion and debate in the classroom setting.

R v BWP; R v BVN, [2006] 1 SCR 941, 2006 SCC 27

Two young accused persons pled guilty to serious offences, and were subject to the sentencing provisions in the Youth Criminal Justice Act.  The question before the Supreme Court of Canada was whether general deterrence should be a principle that is considered when sentencing young offenders.  The unanimous court held that although deterrence of crime is considered when sentencing adults, it is not to be considered when sentencing young offenders. The full decision is available here.