In the aftermath of the tragic shooting death of eight-year-old Jahvai Roy, Toronto police have charged a teenager with first-degree murder. The suspect, who was 15 years old at the time of the incident, is afforded legal protections under the Youth Criminal Justice Act.
Criminal defense lawyer Nick Cake, who is not involved in this specific case, explained the potential ramifications if the youth is convicted of murder. He noted that while adults face a mandatory life sentence with no chance of parole for 25 years for first-degree murder, the maximum sentence for a youth is significantly lower. In this case, the youth could spend a maximum of 10 years in custody, but only six years would be served in a detention facility, with the remaining time spent under conditional supervision.
Cake also clarified how time spent in custody prior to sentencing could affect the final outcome. Unlike adults, who typically receive a day and a half off their sentence for each day served, youth may have different considerations. “A youth can get credit for time served in custody,” he explained, adding that it’s possible, though not guaranteed, for them to receive more credit than adults. Ultimately, the discretion of the judge will play a significant role in determining the amount of time credited.
The court system is currently experiencing delays, with Cake estimating that it could take almost two years before this case reaches trial. A backlog of cases has been acknowledged, attributed to a shortage of space, judges, and prosecutors. According to Statistics Canada, there has been a considerable decrease in criminal cases being tried in Ontario courts, with nearly 24,000 fewer cases in 2023 compared to 2013.
Jahvai Roy was tragically shot in bed by a stray bullet on the early morning of August 16, after gunfire erupted outside his family’s apartment in North York, Toronto. This brutal incident has led many to question how a teenage suspect is being charged with murder. Cake explained that the charge stems from the notion that the murder was committed while the suspect was engaged in another indictable offense. The nature of the stray bullet raises questions about its origin, as he noted, "Well, where do bullets come from?"
The now 16-year-old suspect faces additional charges, including five firearm-related offenses, alongside the first-degree murder charge. Furthermore, there remain two additional youth suspects who have not yet been apprehended. Police have received judicial authority to publish their identities due to the serious nature of the crimes committed.
According to Toronto's police chief, Myron Demkiw, there have been 13 youths accused of homicides so far this year. Demkiw stressed that this issue transcends policing; it requires a collaborative approach across all levels of government and community systems to effectively address and solve these critical problems. He emphasized the importance of overcoming silos and improving information-sharing capabilities to better protect the community.
