Does s. 16.(1.01) of the Charter of Canada's Charter of Rights and Freedoms apply to s. 15(1) of s.15(1)?
Saskatchewan, Canada
The following excerpt is from R. v. P. (C.H.I.), 2000 CanLII 19648 (SK PC):
I have been referred to Law v. Canada, 1999 CanLII 675 (SCC), [1999] 1 S.C.R. 497 and the questions to be considered when assessing whether legislation offends s. 15(1) of the Charter. I am persuaded that s. 16.(1.01) does not offend s. 15(1) given that it doesn’t make it mandatory that a young person be tried in adult court and that on application the court may permit him to remain in youth court.
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