NCJ Number
52337
Journal
Canadian Journal of Criminology Volume: 20 Issue: 1 Dated: (1978) Pages: 79-85
Date Published
1978
Length
7 pages
Annotation
THE RIGHT OF JUVENILES TO APPEAL AS A MATTER OF DUE PROCESS UNDER PROVISIONS OF CANADA'S JUVENILE DELINQUENTS ACT IS CONSIDERED.
Abstract
AN INTENTION TO KEEP APPEALS TO A MINIMUM IS IMPLIED BY SECTION 37 OF THE ACT. THE ONTARIO HIGH COURT OF JUSTICE HAS HELD THAT WHEN A CHILD, ADJUDGED TO BE DELINQUENT IN JUVENILE COURT, IS ORDERED TO BE SENT TO A TRAINING SCHOOL UNDER THE TRAINING SCHOOL ACT, SECTION 37 DOES NOT APPLY BECAUSE THE PROVINCIAL STATUTE HAS ITS OWN APPEAL PROVISIONS. THUS, WHEN AN ORDER HAS BEEN ISSUED UNDER THE AUTHORITY OF A PROVINCIAL ENACTMENT, IT IS UNCLEAR WHETHER APPEAL PROVISIONS OF THE FEDERAL STATUTE ARE APPLICABLE. SECTION 750 (2) OF CANADA'S CRIMINAL CODE GRANTS AN APPEAL COURT THE POWER TO EXTEND TIME FOR SERVICE AND FILING FOR AN APPEAL BEYOND 30 DAYS IN THE CASE OF AN ADULT CONVICTED OF A SUMMARY CONVICTION OFFENSE. THERE IS NO SUCH POWER TO EXTEND TIME BEYOND THIS PERIOD FOR APPEALS FROM THE JUVENILE COURT. APPEAL PROVISIONS OF THE JUVENILE DELINQUENTS ACT HAVE CAUSED FRUSTRATION FOR FEDERAL JUDGES. THE ACT CONFERS ON A SUPREME COURT JUDGE THE AUTHORITY TO GRANT LEAVE TO APPEAL AGAINST BOTH SENTENCE AND CONVICTION. THE COURT, IN HEARING AN APPLICATION FOR LEAVE TO APPEAL, IS GIVEN WIDE DISCRETION IN DECIDING FACTORS TO BE CONSIDERED AND IN ACCORDANCE WITH SECTION 37, A JUDGE MUST DETERMINE THAT IT IS ESSENTIAL, IN THE PUBLIC INTEREST, OR IN THE INTEREST OF DUE ADMINISTRATION OF JUSTICE TO GRANT SUCH LEAVE. IT HAS NOT BEEN DECIDED IF A CHILD'S PARENTS MAY INITIATE AN APPEAL ON HIS OR HER BEHALF. THE POSITION OF THE COURT APPEARS TO VARY IN THIS REGARD, DEPENDING ON THE AGE OF THE CHILD. IF A JUDGE IN A PROVINCIAL SUPREME COURT REFUSES LEAVE TO APPEAL, THERE IS NO JURISDICTION IN THE APPEAL COURT TO CONSIDER AN APPLICATION FOR LEAVE TO APPEAL THE FINDING OF THE SUPREME COURT. THE APPEAL COURT MAY ENTERTAIN AN APPLICATION FOR LEAVE TO APPEAL, HOWEVER, IF THE SUPREME COURT GRANTS LEAVE TO APPEAL THEN DISMISSES THE APPEAL ON ITS MERITS. APPEALS FROM DECISIONS OF THE JUVENILE COURT SHOULD BE GOVERNED BY PART XVIII OF THE CRIMINAL CODE, AND PART XXIII OF THE CODE DEALING WITH EXTRAORDINARY REMEDIES SHOULD BE APPLICABLE TO PROCEEDINGS IN THE JUVENILE COURT. EXISTING PROCEDURES DO NOT PROVIDE THIS ADDITIONAL PROTECTION FOR JUVENILES AND LIMIT THE RIGHT OF APPEAL. FOOTNOTES ARE INCLUDED. (DEP)