NEW AND OLD THEMES IN CANADIAN JUVENILE JUSTICE - THE ORIGINS OF DELINQUENCY LEGISLATION AND THE PROSPECTS FOR RECOGNITION OF CHILDREN'S RIGHTS

• NCJ Number: 45435
• Journal: Interchange Volume: 8 Issue: 1-2 Dated: (1977-1978) Pages: 151-175
• Author(s): J S LEON
• Date Published: 1977
• Length: 25 pages
• Corporate Author: Ontario Institute for Studies in Education
• Publication Format: Article
• Publication Type: Historical Overview
• Language: English
• Country: Canada

Annotation

THIS PAPER OUTLINES THE ORIGINS OF JUVENILE DELINQUENCY LEGISLATION IN EFFECT IN CANADA AS OF 1977, SPECIFICALLY THE 1908 JUVENILE DELINQUENTS ACT, AND TRACES THE DEVELOPMENT OF TRADITIONAL JUVENILE COURT PROCEDURES.

Abstract

CANADIAN LAW HAS IMPOSED A DEPENDENT STATUS ON CHILDREN WHICH HAS, IN EFFECT, DENIED THEM CERTAIN SUBSTANTIVE RIGHTS AND PROCEDURAL SAFEGUARDS IN ORDER TO GIVE THEM SPECIAL TREATMENT. HISTORICALLY THERE HAS BEEN AN IDEOLOGICAL CONFLICT BETWEEN THE NEED TO PROTECT OTHERS FROM DELINQUENT CHILDREN AND TO PROTECT CHILDREN FROM THEMSELVES AND OTHERS. QUESTIONS AROSE OF HOW BEST TO TREAT CHILDREN SO THAT THEY DID NOT BECOME CONVICTED CRIMINALS. THE DISTINCTION BETWEEN NEGLECTED AND CRIMINAL CHILDREN WAS TRANSLTED IN LAW AS POTENTIALLY VERSUS ACTUALLY CRIMINAL, AND RESULTING LEGISLATION MADE NO HARD DISTINCTION BETWEEN NEGLECTED AND DELINQUENT JUVENILES. THE DEVELOPMENT OF REFORMATORIES, INDUSTRIAL SCHOOLS, AND OTHER INSTITUTIONS FOR JUVENILES, AND LATER THE INCREASED USE OF PROBATION AND THE INTRODUCTION OF VARIOUS AFTER-CARE FACILITIES WERE EFFORTS AT REFORM IN THE AREA OF TREATMENT OF JUVENILE OFFENDERS AND NEGLECTED CHILDREN BROUGHT ABOUT BY 'CHILD-SAVING' CRUSADERS. VOLUNTARY WORK TO HELP CHILDREN WAS LATER SUPPLEMENTED BY PROFESSIONAL SOCIAL WORKERS WITH INTERESTS IN PRESERVING THEIR POSITIONS, AND THE 1893 CHILD PROTECTION ACT GAVE SPECIFIC RECOGNITION AND AUTHORITY TO CHILD WELFARE AGENCIES. THE 1903 CHILDREN'S PROTECTION ACT GAVE LEGAL RECOGNITION TO PROBATION. WITH ENACTMENT OF THE 1908 JUVENILE DELINQUENTS ACT, THE JUVENILE COURT WAS GIVEN EXCLUSIVE JURISDICTION IN CASES OF DELINQUENCY; TRIALS WERE TO BE CONDUCTED BY JUVENILE COURT JUDGES, SEPARATELY, AND WITHOUT PUBLICITY; THE PROCEEDINGS COULD BE AS INFORMAL AS THE CIRCUMSTANCES PERMITTED; AND SEVERAL POSSIBLE DISPOSITIONS WERE ALLOWED, INCLUDING PROBATION. A BILL PROPOSED IN 1975, THE YOUNG PERSONS IN CONFLICT WITH THE LAW ACT, REFLECTED THE SAME BASIC PHILOSOPHIES AS PREVIOUS REFORM EFFORTS, BUT WITH THE NOTABLE EXCEPTION OF A CONCERN FOR THE PROTECTION OF THE LEGAL RIGHTS OF JUVENILE OFFENDERS AND NEGLECTED CHILDREN. IT IS SUGGESTED THAT THE BASIC ASSUMPTIONS ABOUT CHILDREN REFLECTED IN PARTICULAR LEGISLATIVE SCHEMES BE CAREFULLY EXAMINED. REFERENCES ARE INCLUDED.