Online petition aimed at youths accused of murder in Hannah Leflar death
Canadian law has special provisions for youths accused of crime
An online petition aimed at the youths accused of first-degree murder in the death of Hannah Leflar is attracting attention.
Leflar, 16, was found dead in her Regina home Jan. 12. Two teens, also 16, were later arrested and charged by Regina police. Their names can not be publicized because of their age.
Following an emotional candlelight vigil Monday — which attracted over 100 people — a petition was launched by Maggie Roy, who took part in the vigil.
"I do believe they should be tried as adults," Roy told CBC News, referring to the two accused boys. "Hiding under the juvenile act doesn't make a difference."
Canada's law regarding youths and crime, the Youth Criminal Justice Act, includes provisions to protect the identity of young offenders and sections about sentencing which emphasize rehabilitation. There are also provisions where a young offender could be sentenced as an adult.
"The decision about whether to have an adult sentence is made after there's a finding of guilt," Nick Bala, a law professor at Queen's University, explained to CBC News Tuesday. "The idea of trial as an adult used to exist in Canadian law but we abolished that."
Bala said there were a number of reasons for the change in approach, including concerns about the negative effects of publicity associated with serious criminal charges and the lasting effect that may have on a youth who may be innocent.
That's one reason why publicity bans are part of the law.
Under the act, a Crown prosecutor is to consider seeking an adult sentence for youths aged 14 and older who are found guilty of murder, attempted murder, manslaughter, or aggravated sexual assault.
"And if they are sentenced as adults, their names would be revealed to the public," Bala noted, adding that the onus is on the Crown, if a decision has been made to seek an adult sentence, to satisfy a judge that an adult sentence is appropriate.
The trial of the youth could take before a judge and jury. Sentencing decisions are made by a judge.
Petition shows community coming together, organizer says
Roy told CBC News her petition shows how people have come together.
"When was the last time that something like this has happened, that the community has actually pulled together the way they did," she said. "When the last time that, you know, that there's been a vigil in Regina for a teen that's been murdered, right?"
Bala said it is understandable that people are emotional but adds much is not known about the case.
"Of course people are angry and frustrated right now and the families are in grief and so on, but its going to take time to find all [the facts] out and have the right decision made in the right context," Bala said.
A funeral for Leflar is scheduled for Thursday.