NCJ Number
65544
Journal
Corrections Today Volume: 42 Issue: 1 Dated: (JANUARY/FEBRUARY 1980) Pages: 50-51,58-59
Date Published
1980
Length
4 pages
Annotation
CURRENT CANADIAN JUVENILE JUSTICE LEGISLATION AND RECENT PROPOSALS FOR LEGISLATIVE CHANGE ARE DISCUSSED.
Abstract
WITH THE EXCEPTION OF SOME MINOR AMENDMENTS DURING THE 1930'S AND 1940'S, CURRENT CANADIAN JUVENILE JUSTICE LEGISLATION HAS REMAINED UNCHANGED SINCE ITS ADOPTION IN 1929. THE KEY ELEMENTS OF THE LEGISLATION ARE THE ESTABLISHMENT OF A JUVENILE COURT WITH COMPLETE JURISDICTION OVER A SPECIFIC AGE RANGE OF CHILDREN AND YOUTH AND THE CREATION OF A DELINQUENCY OFFENSE ENCOMPASSING A WIDE RANGE OF ANTISOCIAL CONDUCT, INCLUDING STATUS OFFENSES. THERE IS PROVISION FOR INFORMAL COURT PROCEEDINGS, A DECLARATION OF THE INTENT OF THE LEGISLATION TO HELP RATHER THAN PUNISH JUVENILES WHO VIOLATE THE LAW, AND A STIPULATION THAT SOME EXTRAORDINARY CASES MAY BE TRANSFERRED TO ADULT COURT. THE CAPACITY OF THE CHILD FROM AGES 7 TO 14 TO KNOW THE CONSEQUENCES OF HIS/HER ACTS CAN BE DETERMINED, AND PROCEEDINGS MAY BE INITIATED UNDER THE JUVENILE DELINQUENTS ACT. THE MAXIMUM AGE FOR JUVENILE COURT JURISDICTION VARIES BETWEEN PROVINCES. THE TRIALS OF JUVENILES ARE TO TAKE PLACE WITHOUT PUBLICITY AND APART FROM TRIALS OF OTHER ACCUSED PERSONS. NO ACTION OF THE JUVENILE COURT CAN BE QUASHED AND SET ASIDE BECAUSE OF AN IRREGULARITY, SO LONG AS IT APPEARS THE CASE DISPOSITION WAS IN THE BEST INTERESTS OF THE CHILD. A MAJOR THRUST OF A GOVERNMENT COMMITTEE'S PROPOSALS FOR CHANGE IN JUVENILE JUSTICE LEGISLATION IS THE LIMITING OF DELINQUENCY OFFENSES TO THOSE IN THE CRIMINAL CODE AND OTHER FEDERAL STATUTES AND REGULATIONS, THUS ELIMINATING STATUS OFFENSES. LEGISLATION WOULD APPLY TO PERSONS OVER 12 YEARS AND UNDER 18 YEARS OF AGE. THE ESTABLISHMENT OF A SCREENING AGENCY TO ASSIST IN DIVERTING JUVENILES FROM THE COURT PROCESS IS RECOMMENDED. SUBSTANTIVE AND PROCEDURAL SAFEGUARDS WOULD BE PROVIDED FOR JUVENILES, INCLUDING THE RIGHT TO COUNSEL AND LIMITATIONS ON THE TAKING OF STATEMENTS, FINGERPRINTS, AND PHOTOGRAPHS. FOOTNOTES ARE PROVIDED. (RCB)