R. v. D.B.

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R. v. D.B.

Supreme Court of Canada
Hearing: October 10, 2007
Judgment: May 16, 2008
Full case name: Her Majesty The Queen v. D.B.
Citations: 2008 SCC 25
Docket No.: 31460
Court membership

Chief Justice: Beverley McLachlin
Puisne Justices: Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron, Marshall Rothstein
Reasons given

Majority by: Abella J. (paras. 1-102)
Joined by: McLachlin C.J. and Binnie, LeBel and Fish JJ.
Dissent by: Rothstein J. (paras. 103-192)
Joined by: Bastarache, Deschamps and Charron JJ.

R. v. D.B., 2008 SCC 25 is a constitutional law decision of the Supreme Court of Canada wherein a split Court held 5-4 that "presumptive offences", offences where the offender is prosecuted as an adult, found in the Youth Criminal Justice Act is unconstitutional for violating Section Seven of the Canadian Charter of Rights and Freedoms. In its analysis, the majority found that it was a principle of fundamental justice that young people should be entitled to a presumption of diminished moral culpability.

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