NCJ Number
99796
Date Published
1984
Length
37 pages
Annotation
This review of the history of Canadian juvenile law traces it from common law, through the 1908 Juvenile Delinquents Act, and to the 1982 Young Offenders Act.
Abstract
Under common law in Canada at the beginning of the 1800's, the procedural framework for determining a child's guilt was essentially the same as for an adult; if unable to rely on the infancy defense (under 7 years old), children were subject to the harsh treatment given adult offenders. In the 19th century, the child welfare movement seized upon the doctrine of parens patriae to support its view that children in trouble should be handled by a noncriminal tribunal that would not distinguish between neglected and delinquent children. The 1908 Juvenile Delinquents Act provided for the care and custody of juvenile delinquents apart from any concept of criminal sanctions or criminal processing. The 1982 Young Offenders Act seeks to compensate for the failure of the Juvenile Delinquents Act to provide due process safeguards to prevent arbitrary uses of discretion. The Young Offenders Act also gives priority to the diversion of juveniles from formal court processing and institutionalization. The new act attempts to regulate the screening of youth court intake and shifts the responsibility for juvenile justice from the central government to the Provinces. 150 references.