Juvenile Justice in Canada - The End of the Experiment

• NCJ Number: 74951
• Author(s): L C Wilson
• Date Published: 1976
• Length: 207 pages
• Publication Format: Dissertation/Thesis
• Publication Type: Thesis/Dissertation
• Language: English
• Country: Canada
• Note: University of Manitoba masters thesis

Annotation

This dissertation critically examines the Canadian juvenile justice system from its organization in the early 20th century under the parens patriae orientation to 1975 when new laws were proposed.

Abstract

An overview of the combined criminal justice and social welfare philosophies which have been characteristic of Canada's juvenile justice system emphasizes the failure of the parens patriae concept to actually help children or protect society. Problems posed by Canada's Federal structure regarding jurisdiction over juveniles are described, followed by an interpretation of juvenile rights under the 1960 Canadian Bill of Rights. A discussion of the discretionary powers of the police in juvenile matters and their encouragement of statements and confessions concludes that special guidelines and rules of evidence are needed. Observations concerning the juvenile justice process focus on the role of the probation officer and detention practices. The backbone of Canada's juvenile system is the juvenile court judge who is not required to have any special qualifications for the job. The weaknesses of this arrangement and the hesitancy of courts to provide defense counsel for juveniles are examined, as are inconsistencies in existing legislation regarding the jurisdiction of the juvenile court. The unique features of a juvenile court trial are detailed, with attention to ways that basic legal rights are often ignored. Sentencing practices, appeals, and waivers of jurisdiction as governed by the Juvenile Delinquents Act are also covered. The concluding chapter reviews methods for dealing with juvenile delinquents that other countries have adopted and analyzes proposed legislation on delinquency, viewing it as a general retreat from individual justice and a return to procedural safeguards. The solution to delinquency will not be found in isolated legal structures but ultimately depends on strengthening traditional social institutions. Footnotes, about 70 references and a table of cases are included. Thirteen statutes are cited.