In April 2026, the Community and Legal Aid Services Program (CLASP) was one of nine intervenors granted leave to participate in His Majesty the King v. Terrell Burke-Whittaker (SCC Case No. 41786). Osgoode students Valeria Danieli and Hale Angus worked with CLASP director Scarlet Smith and review counsel Steven Yu and Subodh Bharati during the case.
The Supreme Court of Canada heard the appeal on May 19, 2026, with Smith delivering oral submissions on behalf of the clinic.
This case raises key questions about sentencing, rehabilitation and reincarceration. The Court is being asked to consider when appellate courts should return an individual to custody when the original sentence has successfully been served, and the offender has made strong progress toward becoming a responsible, law-abiding member of society. It also examines the role of conditional sentences in firearm offences. The Court ruled on this issue following submissions, finding unanimously the Crown’s appeal should be dismissed. Burke-Whittaker will not return to custody. Written reasons are to follow.
In its intervention, CLASP advanced arguments on the importance of individualized sentencing and rehabilitation. The clinic argued sentencing should consider whether a person has demonstrated meaningful rehabilitation and the ability to reintegrate into the community. It also emphasized that conditional sentences can be serious and effective sanctions in appropriate circumstances and cautioned against treating incarceration as a default response.
CLASP further argued that sentencing should not treat offenders as examples to send a message to the public, but should recognize rehabilitation, human dignity and individualized justice when determining a fit sentence.
Beyond its legal significance, the case provided Osgoode students with hands-on experience in appellate advocacy. Danieli and Angus participated in strategy discussions, conducted legal research, assisted in drafting materials, served documents and supported court filings.
Their work contributed directly to CLASP’s submissions before the Supreme Court of Canada.
“For me, one of the most valuable aspects of the experience was being involved at every stage of the process,” said Danieli. “We engaged in strategic discussions, conducted research and helped shape the arguments advanced before the Supreme Court. This provided insight into how appellate advocacy can influence the law and broader conversations within the justice system.”
Angus said the intervention reflected CLASP’s commitment to access to justice and its role in bringing frontline legal perspectives before the Court.
“Our position highlighted the work CLASP does every day. Through representing accused individuals, we see the importance of rehabilitation and treating clients as people rather than simply the offences they are charged with,” Angus said. “Bringing those perspectives before the Supreme Court felt like a full circle moment after spending the year at CLASP.”
Through CLASP’s intervention, Osgoode students contributed to the Court’s consideration of sentencing, rehabilitation and fairness in the Canadian criminal justice system.