Juvenile Delinquents Act
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The Juvenile Delinquents Act was a law passed in 1908 by the Canadian government to improve its handling of juvenile crime. The act established procedures for the handling of juvenile offenses, including the government assuming control of juvenile offenders. It was revised in 1929 and superseded in 1984 by the Young Offenders Act.
For most of its history, Canada's legal system has treated young people and adults differently. Under English common law, children between the ages of seven and thirteen were usually not charged for criminal offenses. It was believed they could not understand the seriousness of their actions. If it could be proved that a child could form criminal intent, he or she would be charged and tried in the same courts as adults. Children 14 or older were tried in adult courts and were subject to the same penalties as adults: hanging, whipping, or imprisonment. Children and teenagers were forced to serve their sentences alongside adult offenders in typically filthy, over-crowded prisons.
In 1892, Canada changed the Criminal Code so that children were tried privately and separately from adults. Special laws, child welfare agencies, and a separate justice system were developed. In 1908, the federal government passed the Juvenile Delinquents Act. The age definition of a "juvenile" varied; most provinces set it between the ages of 12 and 16. but children as young as seven were charged and tried under this act.
The objective of the Juvenile Delinquents Act was to rehabilitate and reform—not to punish. Young people who broke the law were "delinquents," not criminals. They were viewed as victims of poverty, abuse, and neglect. Their parents had failed to raise them well, it was reasoned, so the state assumed custody of the child.
Juveniles seldom had lawyers in court. Judges, police and probation officers could impose whatever sentence they thought best for the youth. Because there were no formal guidelines, sentences ranged from incredibly harsh to extremely lenient. The definition of "delinquency" was so broad that youths could be charged for breaking minor laws, including truancy, coming home late, or loitering.
If found to be delinquent, juveniles could be sent indefinitely to correctional or training institutions. Staff decided when the delinquent was rehabilitated and could be released. There was no Charter to protect a juvenile's rights, and no right to a lawyer. Problems with the Act led to demands for changes, and it was revised in 1929. In 1984, the Young Offenders Act replaced the Juvenile Delinquents Act.
