What is the test for transferring a youth charged with a violent senseless murder to an ordinary court for trial?
Saskatchewan, Canada
The following excerpt is from R. v. E.E.H., E.C.H. and A.K.N., 1987 CanLII 4925 (SK CA):
Finally, I have considered Regina v. L.A.M. (1986), unreported (B.C.C.A.), where in a unanimous judgment a youth charged with a violent senseless murder of another youth was transferred to ordinary court for trial. I am quick to accept and agree with its ruling that s. 16 is to be interpreted as establishing that the interest of society is the paramount interest in a hearing of this nature. However, because the youth in this case had such an evident predisposition for violence, I am not able to say the result of that case is instructive of what should be ordered in this instance where that factor is not so predominant.
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