Канаданың жас қылмыскерлер заңнамасы

Canadian statute

The Juvenile Delinquents Act , SC 1908, c 40 was a law passed by the Parliament of Canada 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 It was revised in 1929 and superseded in 1984 by the Young Offenders Act.

Under English common law, there were complex distinctions concerning age, criminal intent and the type of crime involved that determined whether an infant (i. e., one under the age of twenty five) could be convicted. + Ages of criminal responsibility under the civil lawStage Age NatureInfantiaBirth to 7Not punishable for any crimePueritiaAetas infantiae proxima7 to 10½Aetas pubertati proxima10½ to 14Punishable if found to be doli incapaces (i. e., capable of mischief), but subject to several mitigationsPubertas14 to 25Liable to be punished, whether capitally or otherwise

For common misdemeanors, particularly in cases of omission, punishment was not given to those under the age of twenty one, except where there was a notorious breach of the peace, in which case those aged fourteen years or more could be convicted. For capital crimes, since the time of Henry III, those under the age of seven could not be convicted, and those between seven and fourteen were prima facie considered to be doli capax (except where the court found them capable of distinguishing between good and evil). Proof of malice had to be "strong and clear beyond all doubt and contradiction." There has been little investigation as to how the pre Confederation courts took the age of minor defendants into account. Children and teenagers were forced to serve their sentences alongside adult offenders in typically filthy, overcrowded prisons. There were many instances where justice was uneven and punishment was extreme. In 1857, the Province of Canada passed its first Acts concerning juvenile offenders, providing special procedures for the trial of persons aged 16 or less, and maximum penalties for larceny (other than by indictment) of three months' imprisonment or a fine of £5. Minor defendants still had the option of trial by jury, in which case they would be tried as an adult with corresponding punishment. Separate reformatory prisons were established for those under the age of 22 sentenced to terms of five years or less. Under the latter Act, institutions were established at Île aux Noix in Lower Canada (later moved to St Vincent de Paul in Montreal in 1862), and Penetanguishene in Upper Canada. While Canada did not otherwise distinguish their terms from those given to adult offenders, Nova Scotia passed legislation that limited juvenile sentences to 90 days.

The Act was designed to operate in a similar manner to the Probation of Offenders Act 1907 passed by the British Parliament in the previous year, as well as the juvenile delinquent provisions contained in the later Children Act 1908 (8 Edw. 7. c. 67). These built on reforms that had been enacted as early as 1807. The act's preamble declared that "it [was] expedient that youthful offenders should not be classed or dealt with as ordinary criminals, the welfare of the community demanding that they should on the contrary be guarded against association with crime and criminals, and should be subjected to such wise care, treatment and control as will tend to check their evil tendencies and to strengthen their better instincts." Its scope was very broad. The definition of "juvenile delinquent" was declared to cover any "child who violates any provision of the Criminal Code or of any Dominion 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 the provisions of any Dominion or provincial statute." It also provided that the Juvenile Court had "exclusive jurisdiction in cases of delinquency." The Act was designed to be brought into force in different areas on different dates, where provincial law or appropriate facilities made it available for use. In that respect, it first came into force in the City of Winnipeg on 30 January 1909. Thomas Mayne Daly was appointed as the first Juvenile Court judge in Canada. While the minimum age for those subject to the Act remained at seven years, the maximum age varied by province. By 1982, it was set at 16 in six provinces, 17 for British Columbia and Newfoundland, and 18 for Quebec and Manitoba.

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 militating 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 often 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. 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. 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 1982, Solicitor General of Canada Bob Kaplan secured the passage of the Young Offenders Act, which replaced the Juvenile Delinquents Act. It came into force on 2 April 1984.