Return of Adolescents to the Court of Competent Jurisdiction: Recent Developments in Quebec (From L'Avenir du Systeme Penal des Mineurs, P 211-221, 1991, Josine Junger-Tas, Leonieke Boendermaker, et al., eds. - See NCJ-133019)

• NCJ Number: 133034
• Author(s): R Joyal
• Date Published: 1991
• Length: 11 pages
• Sale Source: ACCO Tiensestraat 134-136
• Publication Type: Legislation/Policy Analysis
• Language: French
• Country: Belgium
• Note: *This document is currently unavailable from NCJRS.

Annotation

The article examines how Canadian juvenile judges use the option of referring juveniles to the adult court of competent jurisdiction.

Abstract

Unlike the previous Canadian juvenile code, the 1984 Young Offenders Act specifies clearly under what circumstances juveniles may be referred to an adult court: They must be 14 years old at the time of the offense, the offense committed must be serious, and the transfer decision must weigh the interests of both society and the adolescent. However, statistics indicate that the courts have been very reluctant to use this provision. From 1987 to 1988 fewer than .2 percent of Canadian juvenile cases were referred to adult courts. In Quebec the figure is substantially lower, and the number of transfer cases has not increased in the past 2 years. It appears that Quebec judges, prosecutors, and defense attorneys use the referral option only as a last resort for juveniles who have had extensive exposure to the juvenile justice system, who desire to be transferred to an adult court, or who refuse to cooperate with rehabilitative measures. The article agrees with that restrained use. Because strict prison sentences are unsuitable for juveniles, the transfer to an adult court must remain an exception and more educational correctional alternatives should be preferred. Bibliography included.