Juvenile Delinquents Act
Encyclopedia
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 It was revised in 1929 and superseded in 1984 by the Young Offenders Act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.
Prior to the 1929 revisions of the Act, poverty and gender shaped the definition of delinquency with class stereotypes mitigating against the persecution of wealthier children. Judges regularly saw working-class girls who rebelled as "delinquent" and in need of proper socialization at an industrial school, while middle class girls were more likely to be described as "emotionally unstable" and in need of increased support.
Gender stereotypes, by contrast, ensured that girls were charged for sexual behaviours and expressions considered "non-delinquent" in the male world. Court officials frequently asked girls charged with petty crime (like theft) to describe their sexual experiences. Sexual knowledge or experience oftentimes confirmed "delinquency" -- a gross misunderstanding. Court officials also prescribed curatives reflective of their sex-related concerns. With state support, "delinquent" girls were to become "proper" women by adopting feminine mores during their probationary period.
Juveniles seldom had lawyers in court. Judge
s, police
and probation officer
s 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
.
However girls were also able to use the court to speak back to authority, using them to permit alternative sexuality by engaging in premarital sex and justifying it through the intent to marry their partners and speak out against domestic abuse.
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. While English-speaking girls who displayed passive or acquiescent behaviour may be released as "transformed," Sangster has suggested that First Nations girls were less likely to receive approval for "reformed" behaviour. State officials were most likely to view acquiescence as "withdrawal," keeping First Nations girls in the system longer under the assumption that they would not internalize "proper" feminine mores.
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.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
to improve its handling of juvenile crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
. 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
Young Offenders Act
The Young Offenders Act was an act of the Parliament of Canada, granted Royal Assent in 1984, that regulated the criminal prosecution of Canadian youths...
.
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
Criminal intent
Criminal intent is the plan of a person to commit a crime. Criminal intent can be one of the requirements for convicting someone for a crime. Advocates for proving criminal intent believe that a person is only a criminal if they intended to do the crime....
, 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
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
," not criminals. They were viewed as victims of poverty
Poverty
Poverty is the lack of a certain amount of material possessions or money. Absolute poverty or destitution is inability to afford basic human needs, which commonly includes clean and fresh water, nutrition, health care, education, clothing and shelter. About 1.7 billion people are estimated to live...
, abuse
Child abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
, and neglect
Neglect
Neglect is a passive form of abuse in which a perpetrator is responsible to provide care for a victim who is unable to care for himself or herself, but fails to provide adequate care....
. Their parents had failed to raise them well, it was reasoned, so the state assumed custody
Child custody
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Following ratification of the United...
of the child.
Prior to the 1929 revisions of the Act, poverty and gender shaped the definition of delinquency with class stereotypes mitigating against the persecution of wealthier children. Judges regularly saw working-class girls who rebelled as "delinquent" and in need of proper socialization at an industrial school, while middle class girls were more likely to be described as "emotionally unstable" and in need of increased support.
Gender stereotypes, by contrast, ensured that girls were charged for sexual behaviours and expressions considered "non-delinquent" in the male world. Court officials frequently asked girls charged with petty crime (like theft) to describe their sexual experiences. Sexual knowledge or experience oftentimes confirmed "delinquency" -- a gross misunderstanding. Court officials also prescribed curatives reflective of their sex-related concerns. With state support, "delinquent" girls were to become "proper" women by adopting feminine mores during their probationary period.
Juveniles seldom had lawyers in court. Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s, police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
and probation officer
Probation officer
Parole officers and probation officers play a role in criminal justice systems by supervising offenders released from incarceration or sentenced to non-custodial sanctions such as community service...
s 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
Truancy
Truancy is any intentional unauthorized absence from compulsory schooling. The term typically describes absences caused by students of their own free will, and usually does not refer to legitimate "excused" absences, such as ones related to medical conditions...
, coming home late, or loitering
Loitering
Loitering is the act of remaining in a particular public place for a protracted time. Under certain circumstances, it is illegal in various jurisdictions.-Prohibition and history:Loitering may be prohibited by local governments in several countries...
.
However girls were also able to use the court to speak back to authority, using them to permit alternative sexuality by engaging in premarital sex and justifying it through the intent to marry their partners and speak out against domestic abuse.
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. While English-speaking girls who displayed passive or acquiescent behaviour may be released as "transformed," Sangster has suggested that First Nations girls were less likely to receive approval for "reformed" behaviour. State officials were most likely to view acquiescence as "withdrawal," keeping First Nations girls in the system longer under the assumption that they would not internalize "proper" feminine mores.
There was no Charter
Charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...
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.
See also
- List of Acts of Parliament of Canada
- Criminal Code of CanadaCriminal Code of CanadaThe Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
- Young Offenders ActYoung Offenders ActThe Young Offenders Act was an act of the Parliament of Canada, granted Royal Assent in 1984, that regulated the criminal prosecution of Canadian youths...
- Youth Criminal Justice ActYouth Criminal Justice ActCanada's Youth Criminal Justice Act is a Canadian statute, which came into effect on April 1, 2003. It covers the prosecution of youths for criminal offences...