- The Juvenile Delinquents Act
- R.S.C. 1970, Chap. J-3
- Short Title
- Short Title
1. This Act may be cited as the Juvenile Delinquents Act.
R.S., c. 160, s. 1.
2 (1) In this Act
"child" means any boy or girl apparently or actually under the age of sixteen years, or such other age as may be directed in any province pursuant to subsection (2);
"court" or "juvenile court" means any court duly established under any provincial statute for the purpose of dealing with juvenile delinquents, or specially authorized by provincial statute, the Governor in Council, or the lieutenant governor in council, to deal with juvenile delinquents;
"court of appeal" has the same meaning as it has in the Criminal Code;
"guardian" includes any person who has in law or in fact the custody or control of any child;
"industrial school" means any industrial school or juvenile reformatory or other reformative institution or refuge for children duly approved by provincial statute or by the lieutenant governor in council in any province, and includes such an institution in a province other than that in which the committal is made, when such institution is otherwise available;
"judge" means the judge of a juvenile court seized of the case, or the justice specially authorized by federal or provincial authority to deal with juvenile delinquents, seized of the case;
"justice" except in section 5 has the same meaning as it has in the Criminal Code;
"juvenile delinquent" means any child who violates any provision of the Criminal Code or of any federal or provincial statute, or of any by-law or ordinance of any municipality, or who is guilty of sexual immorality or any similar form of vice, or who is liable by reason of any other act to be committed to an industrial school or juvenile reformatory under any federal or provincial statute;
"magistrate" except in subsections 13(1) and (4), and except in section 14, means two or more justices of the peace and also a police magistrate, a stipendiary magistrate and any other person having the power or authority of two or more justices of the peace;
"probation officer" means any probation officer for juvenile delinquents duly appointed under any provincial statute or this Act;
"superintendent" means a superintendent of neglected children, or of neglected and delinquent children, or a superintendent or director of child welfare, or a commissioner of the Bureau of Child Protection, or, in general any officer, whatever is his designation, who is appointed by any provincial government to have the general charge or supervision of work in the province dealing with delinquent children, and also the lawful deputy of such officer;
"supreme court judge" means
- (a) in the Province of Ontario, a judge of the Supreme Court of Ontario;
- (b) in the Province of Quebec, a judge of the Superior Court;
- (c) in the Province of Nova Scotia, a judge of the Supreme Court of Nova Scotia;
- (d) in the Province of New Brunswick, a judge of the Supreme Court of New Brunswick;
- (e) in the Province of British Columbia, a judge of the Supreme Court of British Columbia;
- (f) in the Province of Prince Edward Island, a judge of the Supreme Court of Prince Edward Island;
- (g) in the Province of Manitoba, a judge of the Court of Queen's Bench;
- (h) in the Province of Saskatchewan, a judge of the Court of Queen's Bench;
- (i) in the Province of Alberta, a judge of the Supreme Court of Alberta;
- (j) in the Province of Newfoundland, a judge of the Supreme Court of Newfoundland; and
- (k) in the Yukon Territory, a judge of the Territorial Court of the Yukon Territory.
(2) The Governor in Council may from time to time by proclamation
- (a) direct that in any province the expression "child" in this Act means any boy or girl apparently or actually under the age of eighteen years and any such proclamation may apply either to boys only or to girls only or to both boys and girls, and
- (b) revoke any direction made with respect to any province by a proclamation under this section, and thereupon the expression "child" in this Act in that province means any boy or girl apparently or actually under the age of sixteen years.
R.S., c. 160, 52.
- Delinquency 3 (1) The commission by a child of any of the acts enumerated in the definition juvenile delinquent in subsection 2, constitutes an offence to be known as a delinquency, and shall be dealt with as hereinafter provided.
- How child dealt with
(2) Where a child is adjudged to have committed a delinquency he shall be dealt with, not as an offender, but as one in a condition of delinquency and therefore requiring help and guidance and proper supervision.
R.S., c. 160, s. 3.
- Court's jurisdiction
4. Except as provided in section 9, the juvenile court has exclusive jurisdiction in cases of delinquency including cases where, after the committing of the delinquency, the child has passed the age limit mentioned in the definition "child" in subsection 2(1).
R.S., c. 160, s. 4.
- Summary trials
5 (1) Except as hereinafter provided, prosecutions and trials under this Act shall be summary and shall, mutatis mutandis, be governed by the provisions of the Criminal Code relating to summary convictions in so far as such provisions are applicable, whether or not the act constituting the offence charged would be in the case of an adult trouble summarily, except that
- (a) the provisions relating to appeals do not apply to any proceeding in a juvenile court, and
- (b) the provisions prescribing a time limit for making a complaint or laying an information in respect of offences punishable on summary conviction where no time is specially limited for making any complaint or laying any information in the Act or law relating to the particular case, do not apply to any such proceeding other than a proceeding against an adult, except when an adult is dealt with under section 4 of this Act.
- Time for commencement
(2) The provisions of the Criminal Code prescribing a time limit for the commencement of prosecutions for offences against the Criminal Code apply, mutatis mutandis, to all proceedings in the juvenile court.
(3) Whenever in such provisions the expression 'justice' occurs, it shall be taken in the application of such provisions to proceedings under this Act to mean "judge of the juvenile court, or justice specially authorized by federal or provincial authority to deal with juvenile delinquents".
R.S. c. 160, s. 5.
- Power of judge
6 (1) Every judge of a juvenile court in the exercise of his jurisdiction as such has all the powers of a magistrate.
(2) In addition to those expressly mentioned in this Act, the juvenile court judge has all the powers and duties, with respect to juvenile offenders, vested in, or imposed on a judge, stipendiary magistrate, justice or justices, by or under the Prisons and Reformatories Act.
- Discretion of court
(3) The discretion of the juvenile court judge as to the term for which a juvenile delinquent may be committed is not affected by this section.
R.S., c. 160, s. 6.
- Appointment of deputy judge
7 (1) The judge of a juvenile court may with the approval of the attorney general of the province in which such court is situated appoint a deputy judge, who has all the powers and authority of a judge of a juvenile court in case of the absence or illness or other disability of such judge.
- Tenure of office
(2) A deputy judge so appointed holds office during pleasure and is removable at any time by the attorney general or by the judge, with the approval of the attorney general, without cause,
(3) The resignation of a deputy judge may be accepted by either the judge by whom he was appointed, or the attorney general.
R.S., c. 160, s. 7.
- All cases to go to juvenile court
8 (1) When any child is arrested with or without a warrant, such child shall, instead of being taken before a justice, be taken before the juvenile court; and, if a child is taken before a justice, upon a summons or under a warrant or for any other reason, it is the duty of the justice to transfer the case to the juvenile court, and of the officer having the child in charge to take the child before that court, and in any such ease the juvenile court shall hear and dispose of the case in the same manner as if the child had been brought before it upon information originally laid therein,
(2) Subsection (1) does not apply to any justice who is a judge of the juvenile court or who has power to act as such under any Act in force in the province.
R.S., c. 160, s. 8.
- Exceptional procedure when offence is indictable
9 (1) Where the act complained of is, under the provisions of the Criminal Code or otherwise, an indictable offence, and the accused child is apparently or actually over the age of fourteen years, the court may, in its discretion, order the child to be proceeded against by indictment in the ordinary courts in accordance with the provisions of the Criminal Code in that behalf; but such course shall in no case be followed unless the court is of the opinion that the good of the child and the interest of the community demand it.
- Order may be recinded
(2) The court may, in its discretion, at any time before any proceeding has been initiated against the child in the ordinary criminal courts, rescind an order so made.
R.S., c. 160, s. 9.
- Notice to parents
10 (1) Notice of the hearing of any charge of delinquency shall be served on the parent or parents or the guardian of the child, or if there is neither parent nor guardian, or if the residence of the parent or parents or guardian is unknown, then on some near relative, if any, living in the city, town or county, whose whereabouts is known, and any person so served has the right to be present at the hearing.
- Service of notice
(2) The judge may give directions as to the persons to be served under this section, and such directions are conclusive as to the sufficiency of any notice given in accordance therewith.
R.S., c. 160, s. 10.
- Power of clerk
11 (1) The clerk of every juvenile court has power ax officio to administer oaths and also, in the absence of the judge and deputy judge, to adjourn any hearing for a definite period not to exceed ten days.
- Duties of clerk
(2) It is the duty of the clerk of the juvenile court to notify the probation officer or the chief probation officer, in advance, when any child is to be brought before the court for trial.
R.S., c. 160, s. 11.
- Detention homes
12 (1) The trials of children shall take place without publicity and separately and apart from the trials of other accused persons, and at suitable times to be designated and appointed for that purpose.
(2) Such trials may be held in the private office of the judge or in some other private room in the court house or municipal building, or in the detention home or if no such room or place is available, then in the ordinary court room, but when held in the ordinary court room an interval of half an hour shall be allowed to elapse between the close of the trial or examination of any adult and the beginning of the trial of a child.
(3) No report of a delinquency committed or said to have been committed by a child, or of the trial or other disposition of a charge against a child, or of a charge against an adult brought in the juvenile court under section 33 or under section 35, in which the name of the child or of the child's parent or guardian or of any school or institution that the child is alleged to have been attending or of which the child is alleged to have been an inmate is disclosed, or in which the identity of the child is otherwise indicated, shall without the special leave of the court, be published in any newspaper or other publication.
(4) Subsection (3) applies to all newspapers and other publications published anywhere in Canada, whether or not this Act is otherwise in force in the place of publication.
R.S., c. 160 s. 12.
- Detention homes
13 (1) No child, pending a hearing under this Act, shall be held in confinement any county or other gaol or other place in which adults are or may be imprisoned but shall be detained at a detention home or shelter used exclusively for children or under other charge approved of by the judge or, in his absence, by the sheriff, or, in the absence of both the judge and the sheriff, by the mayor or other chief magistrate of the city, town, county or place.
(2) Any officer or person violating subsection (1) is liable on summary conviction before a juvenile court or a magistrate to a fine not exceeding one hundred dollars, or to imprisonment not exceeding thirty days or to both.
(3) This section does not apply to a child as to whom an order has been made pursuant to section 9.
(4) This section does not apply to a child apparently over the age of fourteen years who, in the opinion of the judge or, in his absence, of the sheriff, or, in the absence of both the judge and the sheriff, of the mayor or other chief magistrate of the city, town, county or place, cannot safely be confined in any place other than a gaol or lockup.
R.S., c. 160, s. 13.
- Where there is no detention home
14 (1) Where a warrant has issued for the arrest of a child or where a child has been arrested without a warrant, in a county or district in which, there is no detention home used exclusively for children, no incarceration of the child shall be made or had unless in the opinion of the judge of the court, or, in his absence, of the sheriff, or, in the absence of both the judge and the sheriff, of the mayor or other chief magistrate of the city, town, county or place, such course is necessary in order to insure the attendance of such child in court.
- Promise to attend may be accepted
(2) In order to avoid, if possible, such, incarceration, the verbal or written promise of the person served with notice of the proceedings as aforesaid, or of any other proper person, to be responsible for the presence of such child when required, may be accepted; and in case the child fails to appear, at such time or times as the court requires, the person or persons assuming responsibility as aforesaid, shall be deemed guilty of contempt of court, unless in the opinion of the court there is reasonable cause for such failure to appear.
R.S., c. 160, s. 14.
- Bail may be accepted
15. Pending the hearing of a charge of delinquency the court may accept bail for the appearance of the child charged at the trial as in the case of other accused persons.
R.S., c. 160, s. 15.
- Court may adjourn or postpone hearing
16. The court may postpone or adjourn the hearing of a charge of delinquency for such period or periods as the court may deem advisable, or may postpone or adjourn the hearing sine die.
R.S., c. 160, s. 16.
- Proceedings may be informal
17 (1) Proceedings under this Act with respect to a child, including the trial and disposition of the case, may be as informal as the circumstances will permit, consistent with a due regard for a proper administration of justice.
- Not affected by irregularities
(2) No adjudication or other action of a juvenile court with respect to a. child shall be quashed or set aside because of any informality or irregularity where it appears that the disposition of the case was in the best interests of the child.
- Service of process in another jurisdiction
(3) Except as provided in subsection (5), if a person, whether a child or an adult, against whom any warrant has issued out of a juvenile court cannot he found within the jurisdiction of the juvenile court out of which the warrant was so issued, but is or is suspected to be in any other part of Canada, any judge or deputy judge of a juvenile court within whose jurisdiction such person is or is suspected to be, or if there is no juvenile court having jurisdiction in such place, then any justice within whose jurisdiction such person is or is suspected to be, upon proof being made on oath or affirmation of the handwriting of the juvenile court judge or other officer who issued the warrant, shall make an endorsement on the warrant, signed with his name, authorizing the execution thereof within his jurisdiction.
- Authority to arrest
(4) Such endorsement is sufficient authority to the person bringing such warrant, and to all other persons to whom the warrant was originally directed, and also to all probation officers, constables and other peace officers of the juvenile court or is the territorial division where the warrant has been so endorsed, to execute the warrant therein and to carry the person against whom the warrant issued when apprehended, before the juvenile court out of which the warrant issued.
- Child outside of jurisdiction
(5) Where a child who has been before a juvenile court and is still under the surveillance of such court has been caused by the court to be placed in a foster home outside of the jurisdiction of such court or has been committed by the court to the care or custody of a probation officer or other suitable person or to an industrial school, outside of the jurisdiction of such court, the court may take any action with respect to such child that it could take were the child within the jurisdiction of such court, and for any such purpose any warrant or other process issued with respect to such child may be executed or served in any place in Canada outside of the jurisdiction of such court without the necessity of complying with subsection (3).
R.S., c.160 s. 17.
- Seal not required
18. It is not necessary to its validity that any seal should be attached or affixed to any information summons, warrant, conviction, order or other process or document filed, issued or entered in any proceeding had or taken under this Act.
R.S., c. 160, s. 18.
- Child's oath may be dispensed with
19 (1) When in a proceeding before a juvenile court a child of tender years who is called a witness does not, in the opinion of the judge understand the nature of an oath, the evidence of such child may be received, though not given under oath, if in the opinion of the judge the child is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.
- Corroborative evidence
(2) No person shall be convicted upon the evidence of a child of tender years not under oath unless such evidence is corroborated in some material respect.
R.S., c. 160, s. 19.
- Release on probation
20 (1) In the case of a child adjudged to be a juvenile delinquent the court may, in its discretion, take either one or more of the several courses of action hereinafter in this section set out, as it may in its judgment deem proper in the circumstances in the ease:
- (a) suspend final disposition;
- (b) adjourn the hearing or disposition of the case from time to time for any definite or indefinite period
- (c) impose a fine not exceeding twenty-five dollars, which may be paid in periodical amounts or otherwise;
- (d) commit the child to the care or custody of a probation officer or of any other suitable person;
- (e) allow the child to remain in its home, subject to the visitation of a probation officer, such child to report to the court or to the probation officer as often as may be required;
- (f) cause the child to be placed in a suitable family home as a foster home, subject to the friendly supervision of a probation officer and the further order of the court;
- (g) impose upon the delinquent such further or other conditions as may be deemed advisable;
- (h) commit the child to the charge of any children's aid society, duly organized under an Act of the legislature of the province and approved by the lieutenant governor in council, or, in any municipality in which there is no children's aid society, to the charge of the superintendent, if there is one; or
- (i) commit the child to an industrial school duly approved by the lieutenant governor in council.
- Support of child
(2) In every such case it is within the power of the court to make an order upon parent or parents of the child, or upon the municipality to which the child belongs, to contribute to the child's support such sum as the court may determine, and where such order is made upon the municipality, the municipality may from time to time recover from the parent or parents any sum or sums paid by it pursuant to such order,
- Return of juvenile delinquent to curt
(3) Where a child has been adjudged to be a juvenile delinquent and whether or not such child has been dealt with in any of the ways provided for in subsection (1), the court may at any time, before such juvenile delinquent has reached the age of twenty-one years and unless the court has otherwise ordered, cause by notice, summons, or warrant, the delinquent to be brought before the court, and the court may then take any action provided for in subsection (1), or may make an order with respect to such child under section 9, or may discharge the child on parole or release the child from detention, but in. a province in which there is a superintendent, no child shall be released by the judge from an industrial school without a report from such superintendent recommending such release, and where an order is made by a court releasing a juvenile delinquent from an industrial school or transferring such delinquent from an industrial school to a foster home or from one foster home to another under this subsection, it is not necessary for such delinquent to be before the court at the time that such order is made,
- Evidence on hearing
(4) When a child is returned to the court, as provided in subsection (3), the court may deal with the case on the report of the probation officer or other person in whose care such child has been placed, or of the secretary of a children's aid society, or of the superintendent or of the superintendent of the industrial school to which the child has been committed, without the necessity of I hearing any further or other evidence
- Child's own good
(5) The action taken shall, in every case, be that which the court is of opinion the child's own good and the best interests of the community require.
R.S., c. 160, s. 20.
- May be dealt with under provincial law
21 (1) Whenever an order has been made under section 20 submitting a child to a children's aid society, or to a superintendent or to an industrial school, if so ordered by the provincial secretary, the child may thereafter be death with under the laws of the province in the same manner in all respects as if an order had been lawfully made in respect of a proceeding instituted under authority of a statute of the province; and from and after the date of the issuing of such order except for new offences, the child shall not be further dealt with by the court under this Act.
- Order in advance
(2) The order of the provincial secretary may be made in advance and to apply to all cases of commitment mentioned in this section.
R.S., c. 160, s. 21.
- Parent or guardian may be ordered to pay fine, damages or costs
22 (1) Where a child is adjudged to have been guilty of an offence and the court is of the opinion that the case would be best met by the imposition of a fine, damages or costs, whether with or without restitution or any other action, the court may, if satisfied that the parent or guardian has conduced to the commission of the offence by neglecting to exercise due care of the child or otherwise, order that the fine, damages or costs awarded be paid by the parent or guardian of the child, instead of by the child.
- Limit of amount
(2) Where a fine is imposed and ordered to be paid by the parent or guardian the limit of amount imposed by subsection 20 (2) does not apply, but shall in no case exceed the amount fixed for a similar offence under the Criminal Code.
- Recovery of amount
(3) Where, under the provisions of this section or of section 20, a sum of money is ordered to be paid, the court may adjudge, either by the order respecting the payment of such sum or by an order made subsequently, that the money shall be recoverable by distress and sale of the goods and chattels of the party and in default of such distress by imprisonment and the amount is so recoverable or is recoverable in the same manner as a fine imposed under any provision of the Criminal Code is recoverable, or is recoverable as provided in any Act of the legislature of the province making provision for the recovery of fines.
- Parent or guardian to be heard
(4) No order shall be made under this section without giving the parent or guardian an opportunity of being heard; but a parent or guardian who has been duly served with notice of the hearing pursuant to section 10 shall be deemed to have had such opportunity, withstanding the fact that he has failed to attend the hearing.
(5) A parent or guardian has the same right of appeal from an order made under this section as if the order had been made, on the conviction of the parent or guardian.
- Additional action
(6) Any action taken under this section may be additional to any action taken under section 20.
R.S., c. 160, s. 22.
- Religion of child to be respected
23 (1) No Protestant child dealt with under this Act shall be committed to the care of any Roman Catholic children's aid society or be placed in any Roman Catholic family as his foster home; nor shall any Roman Catholic child dealt with under this Act be committed to the care of any Protestant children's aid society, or be placed in any Protestant family as his foster home; but this section does not apply to the placing of children in a temporary home or shelter for children, established under the authority of a statute of the province, or, in a municipality where there is but one children's aid society, to such children's aid society
- Order to enforce preceding provision
(2) If a Protestant child is committed to the care of a Roman Catholic children's aid society or placed in a Roman Catholic family as his foster home or if a Roman Catholic child is committed to the care of a protestant children's aid society or placed in a Protestant family as his foster home, contrary to this section, the court shall, on the application of any person in that behalf, make an order providing for the proper commitment or placing of the child pursuant to subsection (1).
- Children of religious faith other than Protestant or Roman Catholic
(3) No child of a religious faith other than the Protestant or Roman Catholic shall be committed to the care of either a Protestant be or Roman Catholic children's aid society or be placed in any Protestant or Roman Catholic family as his foster home unless there is within the municipality no children's aid society or no suitable family of the same religious faith as that professed by the child or by his family, and, if there is no children's aid society or suitable family of such faith to which the care of such child can properly be given, the disposition of such child is in the discretion of the court
R.S., c. 160, s 23.
- Children not allowed to be in court
24 (1) No child, other than an infant in arms, shall be permitted to be present in court during the trial of any person charged with an offence or during any proceedings preliminary thereto, and if so present the child shall be ordered to be removed unless he is the person charged with the alleged offence, or unless the child's presence is required, as a witness or otherwise, for the purposes of justice.
(2) This section does not apply to messengers, clerks and other persons required to attend at any court for the purposes connected with their employment.
R.S., c. 160, s. 24.
- Chidlren under twelve
25. It is not lawful to commit a juvenile delinquent apparently under the age of twelve years to any industrial school, unless and until an attempt has been made to reform such child in his own home or in a foster home or in the charge of a children's aid society, or of a superintendent, and unless the court finds that the best interests of the child and the welfare of the community require such commitment.
R.S., c. 160, s. 25.
- Childern to be separated from adults
26 (1) No juvenile delinquent shall, under any circumstances, upon or after conviction, be sentenced to or incarcerated in any penitentiary or county or other gaol, or police station, or any other place in which adults are or may be imprisoned.
(2) This section does not apply to a child who has been proceeded against under section 9.
R.S., c. 160, s. 25.
- Juvenile court committee
27 (1) There shall be in connection with the juvenile court a committee of citizens, serving without remuneration, to be known as the juvenile court committee.
- Juvenile court committee ex officio
(2) Where there is a children's aid society in a city or town in which this Act is in force, the committee of such society or a subcommittee thereof shall be the juvenile court committee; and where there is both a protestant and a Roman Catholic children's aid society then the committee of the Protestant children's aid society or a subcommittee thereof shall he the juvenile court committee as regards Protestant children, and the committee of the Roman Catholic children's aid society or a subcommittee thereof shall be the juvenile court committee as regards Roman Catholic children.
- Appointment by court
(3) Where there is no children's aid society in a city or town in which this Act is in force, the court may, and, upon a petition signed by fifty residents of the municipality in question, shall appoint three or more persons to be the juvenile court committee with respect to Protestant children, and three or more other persons to be the juvenile court committee with respect to Roman Catholic children; and the persons so appointed may in their discretion sit as one joint committee.
- When child of religious faith other than Protestant or Roman Catholic
(4) In the ease of a child of a religious faith other than Protestant or Roman Catholic, the court shall appoint three or more suitable persons to be the juvenile court committee as regards such child, such persons to be of the same religious faith as the child if there are such suitable persons resident within the municipality willing to act, and if in the opinion of the court they are desirable persons to be such committee.
R.S., c. 160, s. 27.
- Duties of committee
28 (1) It is the duty of the juvenile court committee to meet as often as may be necessary and consult with the probation officers with regard to juvenile delinquents, to offer, through the probation officers and otherwise, advice to the court as to the best mode of dealing with such delinquents, and, generally, to facilitate by every means in its power, the reformation of juvenile delinquents.
- Representatives may be present
(2) Representatives of the juvenile court committee, who are members of that committee, may be present at any session of the juvenile court.
- Certain cases reserved for judge
(3) No deputy judge shall hear and determine any case that a juvenile court committee desires should be reserved for hearing and determination by the judge of the juvenile court.
R.S., c. 160, s. 28.
- Court may appoint probation officer
29. Where no probation officer, has been appointed under, provincial authority and remuneration for a probation officer has been provided by municipal grant, public subscription or otherwise, the court, shall, with the concurrence of the juvenile court committee, appoint one or mere suitable persons as probation officers.
R.S., c. 160, s. 2d.
- Powers of probation officer
30. Every probation officer duly appointed under this Act or of any provincial statute has in the discharge of his or her duties as such probation officer all, the powers of a constable, and shall be protected from civil actions for anything done in bona fide exercise of the powers conferred' by this Act.
R.S., c. 160, s. 30.
- Duties of probation officer
31. It is the duly of a probation officer.
- (a) to make such investigation as may be required by the court;
- (b) to be present in court in order to represent the interests of the child when the case is heard;
- (c) to furnish to the court such information and assistance as may be required; and
- (d) to take such charge of any child, before or after trial, as may be directed by the court.
R.S., c. 160, s. 31.
- Probation officers under control of judge
32. Every probation officer however appointed, is under the control and subject to the direction of the judge of the court with which such probation officer is connected, for all purposes of this Act.
R.S., c. 160, s. 32.
- Adults liable who contribute to delinquency
33 (1) Any person, whether the parent or guardian of the child or not, who, knowingly or willfully,
- (a) aids, causes, abets or connives at the commission by a child of a delinquency, or
- (b) does any act producing, promoting, or contributing to a child's being or becoming a juvenile delinquent or likely to make any child a juvenile delinquent,
is liable on summary conviction before a juvenile court or a magistrate to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding two years, or to both.
- Liability of parents and guardians
(2) Any person who, being the parent or guardian of the child and being able to do so, knowingly neglects to do that which would directly tend to prevent the child being or becoming a juvenile delinquent or to remove the conditions that render or are likely to render the child a juvenile delinquent is liable on summary conviction before a juvenile court or a magistrate to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding two years, or to both.
(3) The court or magistrate may postpone or adjourn the hearing of a charge under this section for such periods as the court may deem advisable or may postpone or adjourn the hearing sine die and may impose conditions upon any person found guilty under this section and suspend sentence subject to those conditions and on proof at any time that those conditions have been violated may pass sentence on such person.
- No defence if child does not become delinquent
(4) It is not a valid defence to a prosecution under this section either that the child is of too tender years to understand or appreciate the nature or effect of the conduct of the accused or that notwithstanding the conduct of the accused the child did not in fact become a juvenile delinquent.
(5) Notwithstanding anything to the contrary in section 5 or in the provisions of the Criminal Code referred to in paragraph 5(b), any prosecution for an offence under this section may be commenced within one year from the time when the offence is alleged to have been committed.
R.S., c. 160, 5. 33.
- Penalty for inducing, etc. child to leave home, etc.
34. Any person who induces or attempts to induce any child to leave any detention home industrial school, foster home or any other institution or place where such child has been placed under this Act or who removes or attempts to remove such child there from, without the authority of the court, or who, when a child has unlawfully left the custody of an institution or foster home knowingly harbours or conceals such child without notice of the child's whereabouts to the court or to the institution or to the local police authorities, is guilty of an offence and is liable upon summary conviction before a juvenile court or before a magistrate to a fine not exceeding one hundred dollars or to imprisonment for a period not exceeding one year, or to both.
R.S., c. 160, s. 34.
- No preliminary hearing
35 (1) Prosecutions against adults for: offences against any provisions of the Criminal Code in respect of a child may be brought in the juvenile court without the necessity of a preliminary hearing before a justice, and may be summarily disposed of where the offence is triable summarily, or otherwise dealt with as in the case of a preliminary hearing before a justice.
- Application of Criminal Code
(2) All provisions of the Criminal Code not inconsistent with this Act that would apply to similar proceedings if brought before a justice apply to prosecutions brought before the juvenile court under this section. R.S., c. 160, s.335.
- Contempt of court
36 (1) Every juvenile court has such and like powers and authority to preserve order in court during the sittings thereof and by the like ways and means as now by law are or may be exercised and used in like cases and for the like purposes by any court in Canada and by the judges thereof, during the sittings thereof.
- Enforcing of process
(2) Every judge of a juvenile court, whenever any resistance is offered to the execution of any summons, warrant of execution or other process issued by him, may enforce the due execution of the process by the means provided by the law for enforcing the execution of the process of other courts in like cases R.S., c. 160, s. 36.
- Appeals by special leave
37 (1) A supreme court judge may, in his discretion, on special grounds, grant special leave to appeal from any decision of the juvenile court or a magistrate; in any case where such leave is granted the procedure upon appeal shall be such as is provided in the case of a conviction on indictment, and the provisions of the Criminal Code relating to appeals from conviction on indictment mutatis mutandis apply to such appeal, save that the appeal shall be to a supreme court judge instead of to the court of appeal, with a further right of appeal to the court of appeal by special leave of that court.
- When leave to appeal my be granted
(2). No leave to appeal shall be granted under this section unless the judge or court granting such leave considers that in the particular circumstances of the case it is essential in the public interest or for the due administration of justice that such leave be granted.
- Application for leave to appeal
(3) Application for leave to appeal under this section shall be made within ten days of the making of the conviction or order complained of, or within such further time, not exceeding an additional twenty days, as a supreme court judge may see fit to fix, either before or after the expiration of the said ten days R.S., c. 160, s. 37.
- Act to be liberally construed
38. This Act shall be liberally construed in order that its purpose may be carried out, namely, that the care and custody and discipline of a juvenile delinquent shall approximate as nearly as may be that which should be given by his parents, and that as far as practicable every juvenile delinquent shall be treated, not as criminal, but as a misdirected and misguided child, and one needing aid, encouragement, help and assistance.
R.S., c. 160, s. 38.
- Not to affect provincial statutes
39. Nothing in this Act shall be construed as having the effect of repealing or overriding any provision of any provincial statute intended for the protection or benefit of children; and when a juvenile delinquent, who has not been guilty of an act that is under the provisions of the Criminal Code an indictable offence, comes within the provisions of a provincial statute, he may be dealt with either under such statute or under this Act as may be deemed to be in the best interests of the child. R.S., c. 160, s. 39.
- Repeal of former law
40. Whenever and so soon as this Act goes into force in any province, city, town, or other portion of a province, every provision of the Criminal Code or of any other Act of the Parliament of Canada inconsistent with the provisions of this Act, stands repealed as regards such province, city, town, or other portion of a province
R.S., c. 160., s. 40
- Sections in force in Canada
41. Subsections 12(4) and 17(3) and (5), and section 34 shall be in force in all parts of Canada, whether this Act is otherwise in force or not.
R.S., c. 160., s. 41.
- When act shall be enforced
42. Subject to section 41, this Act may be put in force in any province, or in any portion of a province, by proclamation, after the of any passing of an Act by the legislature of any province providing for the establishment of juvenile courts, or designating any existing courts, or designating any existing courts as juvenile courts, and of detention homes for children.
R.S., c 160 s. 42.
- Any city or town may ask for this law
43 (1) Subject to section 41, this Act may be put in force in any city, town, or other portion of a province, by proclamation, notwithstanding that the provincial legislature has not passed an Act such as referred to in section 42, if the Governor in Council is satisfied that proper facilities for the due carrying out of the provisions of this Act have been provided in such city, town, or other portion of a province, by the municipal council thereof or otherwise.
- Special appointment of judge
(2) The Governor in Council may designate a superior court or county court judge or a justice, having jurisdiction in the city, town, or other portion of a province, in which the Act is so put in force, to act as juvenile court judge for such city, town, or other portion of a province, and the judge or justice so designated or appointed has and shall exercise in such city, town, or other portion of a province, all the powers by this Act conferred on the juvenile court.
R.S., c. 160, s. 43.
- Enforcement of Act
44. This Act shall go into force only when and as proclamations declaring it in force in any province, city, town or other portion of the province are issued and 0published in the Canada Gazette.
R.S., c, 160, s. 44.
- Operation of Act
45. Notwithstanding section 44, this Act shall be in force in every part of Canada in which the Juvenile Delinquents Act, chapter 108 of the Revised Statutes of Canada, 1927, was in force on the 14th day of June 1929.
R.S., c. 160, s. 45.