Recent Cases

I represented a young person charged with unlawful confinement and sexual assault—two serious offences that often prompt deep concern, stigma, and long-lasting consequences regardless of the eventual outcome. My client was a teenager at the time of the alleged incident. He denied the allegations, and we initially set the matter for trial.

As defence counsel, my job is not only to advocate in court, but also to identify pathways that ensure a fair, proportionate, and rehabilitative outcome—especially when working with youth. In this case, while preparing for trial, I continued to engage in dialogue with the Crown about alternative resolutions. Ultimately, I was able to negotiate a resolution through the Alberta Court of Justice’s new Restorative Justice Program. This program offers a significant and progressive step in youth criminal justice.

The Opportunity for Accountability Without Incarceration

Restorative justice is not about excusing harm. It is about recognizing that harm has occurred, and creating the space for all parties, including the person accused, to engage meaningfully with that harm, when appropriate. The program my client participated in focused on accountability, education, and healing, without imposing the punitive consequences that can derail a young person's future.

Consider the recent Hockey Canada case and note that this resolution did not hinge on the court's binary assessment of guilt or innocence. Instead, it created an environment where difficult conversations could happen without retraumatizing participants, and without reducing the incident to a win-or-lose legal outcome. This was particularly important in a case involving teenagers, peer dynamics, and complex consent narratives that do not always map cleanly onto legal frameworks.

Protecting the Public While Supporting Growth

Youth justice in Canada is governed by the Youth Criminal Justice Act, which emphasizes rehabilitation, reintegration, and the principle of diminished moral blameworthiness. A restorative justice approach is firmly aligned with these values.

The process included:

• Community-based engagement, facilitated by trained professionals;
• Commitments from my client to take part in targeted programming and reflection;
• An opportunity for dialogue and restoration, where appropriate, without further harm to either party.

My client was not spared from accountability—he was called upon to reflect, understand, and take steps to prevent future harm. But he was also given a chance to do so outside of the adversarial process, in a manner that reflects modern understandings of how youth grow, make mistakes, and change.

A Model for Future Cases

This case serves as an important reminder that not all justice comes from a trial. In certain cases, particularly those involving young people, restorative justice can be a more effective and humane response than the traditional punitive model. It allows the community to be part of the solution, gives voice to those affected, and protects the long-term potential of those involved.

If you or someone you know is facing youth criminal charges, especially in matters involving sexual allegations, our team can help explore every legal and restorative option available.