Supreme Court releases judgment in I.M. on youth criminal sentencing

On July 18, 2025, the Supreme Court of Canada released its judgment in R. v. I.M., where the CCLA acted as an intervenor. This case concerned the legal test to sentence a young person as an adult. The Youth Criminal Justice Act is the federal criminal legislation that applies to young persons under 18 charged with a criminal offence. The Act recognizes that young people are not fully independent or mature, and so do not deserve the same sentences as adults. Youth are presumed to be less morally blameworthy than an adult in the same circumstances. The YCJA also places a special emphasis on rehabilitation and reintegration. However, the YCJA does permit a young person to be sentenced as an adult if the presumption of ‘diminished moral blameworthiness’ can be rebutted, and a youth sentence would not hold them properly responsible.

The CCLA argued that the Crown must meet a high standard of proof, beyond a reasonable doubt, for the presumption not to apply. Additionally, the focus to rebut the presumption must be on the young person’s independence and maturity, not the seriousness of the offence. Otherwise, the purpose of the YCJA would be defeated. The Court ruled that the Crown must rebut the presumption of diminished moral blameworthiness beyond a reasonable doubt and not focus on the seriousness of the offence. Rather, the Court should factually inquire about whether the young offender’s developmental age and capacity for moral judgment are like an adult. If so, there then must be an evaluation to determine if a youth sentence would be insufficient to hold the young person accountable.

You can read the judgment here, and CCLA’s legal arguments (factum) here. We are grateful to Samantha Secter and Cori Singer of Addario LLP for their excellent pro bono representation in this case.