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Appeal allowed in youth sentencing decision

On March 6, 2023, the BC Court of Appeal allowed an appeal from sentence brought by Trevor Martin on behalf of his client, a youth. The appeal dealt with two conditions in the client’s probation order. One of these conditions required the client to “follow the rules and regulations” of his residence. The appeals court agreed with Mr. Martin that this condition was unacceptably vague and indeterminate, and should be deleted. The other condition required the client to take “treatment” as directed by his probation officer. On appeal, the court held that this condition did not take into account the right of a mature minor to give or refuse consent to medical treatment. Both of the challenged conditions were removed from the client’s probation order. Link to decision:

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