NCJ Number
59598
Journal
CRIMINAL LAW QUARTERLY Volume: 20, Dated: (MARCH 1978) Pages: 180-184
Date Published
1978
Length
5 pages
Annotation
A CANADIAN JUVENILE CHARGED UNDER THE JUVENILE DELINQUENTS ACT MUST HAVE HIS OR HER RIGHT TO BAIL DETERMINED IN THE SAME MANNER AS OTHER ACCUSED PERSONS.
Abstract
BEYOND NARROW EXCEPTIONS, THERE IS NOTHING IN THE JUVENILE DELINQUENTS ACT WHICH PRECLUDES OR OTHERWISE ALTERS APPLICATION OF THE BAIL PROVISIONS OF THE CANADIAN CRIMINAL CODE AS THEY RELATE TO SUMMARY MATTERS UNDER THE JUVENILE STATUTE. BECAUSE OF THE SPECIFIC WORDING OF SECTION 15 OF THE JUVENILE DELINQUENTS ACT, THE OPPOSITE CONCLUSION MUST BE REACHED. IF THE JUVENILE IS BEING CONSIDERED FOR BAIL, HE OR SHE SHOULD BE DEALT WITH 'AS IN THE CASE OF OTHER ACCUSED PERSONS.' BECAUSE 'OTHER ACCUSED PERSONS' ARE DEALT WITH ACCORDING TO THE PROVISIONS OF THE CRIMINAL CODE, JUVENILES SHOULD BE SIMILARLY CONSIDERED FOR BAIL PURPOSES. THE CROWN MUST ESTABLISH PROPER PRIMARY AND SECONDARY GROUNDS FOR A JUVENILE'S DETENTION. IT IS NOT INCUMBANT UPON THE JUVENILE TO SHOW WHY HE OR SHE SHOULD BE RELEASED FROM CUSTODY, SHOULD THE CROWN FAIL TO SHOW THE NECESSITY FOR DETENTION ON THE BASIS OF THE CRIMINAL CODE'S CRITERIA. THE JURISDICTION TO DEAL WITH BAIL FOR JUVENILES IS EXCLUSIVELY DEFINED IN THE JUVENILE DELINQUENTS ACT. THE COURT OF PROPER JURISDICTION, IN CONSIDERING GRANTING OF BAIL, MUST APPLY THE PROVISIONS OF THE CRIMINAL CODE AS THEY RELATE TO SUMMARY MATTERS, SINCE THEY APPLY MUTATIS MUTANDIS TO THE JUVENILE DELINQUENTS ACT. CASE LAW IS CITED, NO REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED-TWK).