NCJ Number
88464
Date Published
1982
Length
287 pages
Annotation
Following the presentation of a view of Canadian juvenile justice against the backdrop of constitutional limitations and issues of fundamental rights, intake, pretrial procedures, and the trial process are considered, including issues of jurisdiction, sentencing, appeals, and transfer to adult court; the effectiveness of current treatment strategies is examined as well.
Abstract
The Juvenile Delinquents Act is one of the few pieces of Canadian legislation which explicitly states the principles which should underlie the administration of juvenile justice. The tone of the statute is nonpunitive. The juvenile is treated 'not as criminal, but as a misdirected and misguided child, and one needing aid, encouragement, help and assistance;' however, constitutional limitations precluded creation of a national scheme based on welfare legislation. The Juvenile Delinquents Act was framed within the confines of the Federal criminal law power, thereby intensifying the clash between philosophy and implementation. Canada's juvenile justice system is a curious mixture of criminal law and social welfare philosophy. The failure to examine critically the ramifications of this union have left a legacy of unfulfilled promises. New legislation, the Young Offenders Act, blends three principles: (1) that juveniles should be held responsible for their behavior, although not wholly accountable, since they are not fully mature and are dependent on others; (2) that society has a right to protection from illegal behavior, even though committed by a minor; and (3) that juveniles have the same rights to due process of law, natural justice, and fair and equal treatment as do adults. The bill is a substantial victory for the advocates of due process, but at best, it is only a partial solution to the very complex problem of dealing with deviant juvenile behavior. Footnotes accompany each chapter, and a table of cases and a subject index are provided.