What is the effect of section 24.5(1) of the Charter on a young offender transferred to adult provincial correctional system?

British Columbia, Canada


The following excerpt is from R. v. H.D.(J.), 2002 BCPC 205 (CanLII):

On its face I find that s. 24.5(1) engages the "liberty" interest protected by s. 7 of the Charter. Common sense (as opposed to any evidence before this court as to how s. 24.5(1) has been invoked in the past by the provincial director and with what results) dictates that generally speaking it is a reduction of liberty for a person sentenced as a young offender to be transferred to the adult provincial correctional system to serve the remainder of his or her sentence. That is so, in my view, because of the clear potential for harsher penal conditions, both in terms of levels of classification and exposure to the adult prison population, even though in a particular case the young offender may be classified to a level of security within the adult system less than the level of security at which he or she was kept in the youth system. Altering the manner in which a sentence of imprisonment is to be served constitutes a deprivation of liberty and invokes s. 7 protection: Cunningham v. The Queen et al. (1993), 1993 CanLII 139 (SCC), 80 C.C.C. (3d) 492 (S.C.C.).

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