Variam Manak Archives

R v S.B.: Accountability, Youth Sentencing, and the Limits of Social Context

Posted on 7 November 2025

The Supreme Court of Canada’s (“SCC”) decision in R. v. S.B., 2025 SCC 24 [S.B.] engages critical questions regarding the Youth Criminal Justice Act’s (“YCJA”) framework for imposing adult sentences on young offenders. The role of social context evidence is central when evaluating whether the Crown successfully rebutted the presumption of diminished moral blameworthiness under section 72(1) of the YCJA. This appeal tests the boundaries of how youth courts weigh personal and systemic circumstances against the judgement and maturity displayed through the planning of criminal conduct.

Truth vs. Fairness in Sentencing: Lessons from R v Di Paola

Posted on 3 November 2025

In the decision of R v Di Paola, 2025 SCC 31 the Supreme Court of Canada examined how s. 725(1)(c) of the Criminal Code should be interpreted during sentencing. The issue was whether a sentencing judge may consider, as aggravating factors, facts that could constitute a separate offence when that charge has already been laid but is no longer pending and has no rendered verdict. The Court’s decision clarifies both the scope of this provision and the Crown’s duty of fairness in presenting aggravating facts during sentencing.