Does the deprivation of liberty experienced by a young offender as a result of his sentence as a youth offender violate the principles of fundamental justice?
British Columbia, Canada
The following excerpt is from R. v. H.D.(J.), 2002 BCPC 205 (CanLII):
It is then appropriate to determine if the deprivation of liberty experienced by a person sentenced as a young person, who then must serve the remainder of his sentence in the adult correctional system by virtue of the determination to be made by youth court as set out in s. 24.5(1), violates the principles of fundamental justice. In R.B. v. Children's Aid Society of Metropolitan Toronto 1995 CanLII 115 (SCC), [1995] 1 S.C.R. 315 at p. 318, Lamer, C.J. wrote, citing Regina v. Morgentaler (1988), 1988 CanLII 90 (SCC), 44 D.L.R.(4th) 385 (S.C.C.) at p. 399: The right to liberty protected by s. 7 is not, within the meaning of the Charter, a fundamental freedom of the individual; rather it is a fundamental right which may be limited only in accordance with the principles of fundamental justice... the principles of fundamental justice are a qualifier of the right not to be deprived of life, liberty and security of the person.
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