Is there a constitutional exemption from the age of 18 when a minor offender is charged with sexual assault?
British Columbia, Canada
The following excerpt is from R. v. H.D.(J.), 2002 BCPC 205 (CanLII):
No reasons, compelling or otherwise, have been put before the court to warrant the imposition of a constitutional exemption as occurred in Regina v. Chief, supra. There is no mandatory finding here and no outcome that is grossly disproportionate to what right-thinking members of the public would expect. To adopt the sentiment of Kerans J.A. in Regina v. D .(G.J.), supra, and as previously quoted, D., who is now approaching his 19th birthday will encounter a number of offenders in the provincial adult system who are currently younger than he is.
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