A few days ago the Conservative Party promised if re-elected young offenders of serious crimes will be tried as adults, given life sentences, and have their names made public; yet as recent as May 2008 the Supreme Court of Canada concluded that such policies are unconstitutional.
In the case of R. v. D.B., 2008 SCC 25 the Supreme Court concluded:
The presumption of an adult sentence...is inconsistent with the principle of fundamental justice that young people are entitled to a presumption of diminished moral culpability.As the Supreme Court noted the fact that such a policy is in conflict with fundamental justice is paramount, as fundamental justice is guaranteed in Section 7 of the Constitution of Canada. Section 7 states:
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.In addition, the fact the Conservatives wish to make serious young offenders names made public is again unconstitutional, for in the same decision as cited above, the Supreme Court ruled:
The onus on young persons to demonstrate why they remain entitled to the ongoing protection of a publication ban is also a violation of s. 7 of the Charter.As shown above and explained by the highest court in Canada, the Conservatives in promising young offenders of serious crimes will be sent to life in jail, are promising to disregard the Canadian concept of fundamental justice, and replace it with their own.
The Constitution of Canada is our most important document, the Conservatives in promising to breach it, are assaulting our legal system and our country.