Juvenile Delinquents Act - 1908
Passed in 1908, the Juvenile Delinquents Act was formed in an attempt to prevent youth offenders, otherwise known as delinquents, from being tried as harshly as adults. While the age range for juvenile offenders varied, it was commonly understood that children between the ages 12-16 qualified (Juvenile Delinquents Act, 2013). The Act was philosophically based on “parens patrie” meaning that “the state could only intervene as a kindly parent” (Government of Canada, 2012), as it was believed that the children were simply misguided. The Canadian government worked to establish methods of handling offences, as well as allowed the government to take control of youth (Juvenile Delinquents Act, 2013). Since the goal of the act was not to punish them, but rather, rehabilitate them, many children were often taken away from corrupted homes, and placed in structured environments. Overall, the act focused on the welfare of children by giving courts the power to care for them as they deemed fit.
Prior to the act, many children from ages 7-12 were not charged with criminal offenses, as it was assumed that they would be incapable of comprehending the severity of their actions (Juvenile Delinquents Act, 2013). If it was proven, however, that if children expressed criminal intent, they would be tried within the same courts as adults, and were thus subject to the same punishments, many of which were harsh and excessive (Juvenile Delinquents Act, 2013). Punishments ranged from whippings to imprisonment amongst adults. After the act was formed, children received their own court rooms and were only brought into adult court rooms if, and only if, that had committed a major offence at an age older then 14 (Government of Canada, 2012). Along with the new courts came new punishments suitable for children, as well as laws that protected the privacy of both the children and their families. Modern day laws that we see today, such as a child’s right to a private trial, and to have their names withheld from the media, were included in the Juvenile Delinquents Act. Ideas such as temporary guardianship, treatment of misguided youth, and the like, were introduced within this act. While the act continues to be refined to this day, it still functions as the initial stepping stone to forming the Juvenile Criminal Law system we know today.
Prior to the act, many children from ages 7-12 were not charged with criminal offenses, as it was assumed that they would be incapable of comprehending the severity of their actions (Juvenile Delinquents Act, 2013). If it was proven, however, that if children expressed criminal intent, they would be tried within the same courts as adults, and were thus subject to the same punishments, many of which were harsh and excessive (Juvenile Delinquents Act, 2013). Punishments ranged from whippings to imprisonment amongst adults. After the act was formed, children received their own court rooms and were only brought into adult court rooms if, and only if, that had committed a major offence at an age older then 14 (Government of Canada, 2012). Along with the new courts came new punishments suitable for children, as well as laws that protected the privacy of both the children and their families. Modern day laws that we see today, such as a child’s right to a private trial, and to have their names withheld from the media, were included in the Juvenile Delinquents Act. Ideas such as temporary guardianship, treatment of misguided youth, and the like, were introduced within this act. While the act continues to be refined to this day, it still functions as the initial stepping stone to forming the Juvenile Criminal Law system we know today.