Juvenile Delinquents Act (1929)
Characteristics
o Age of Youths: 7-16,or 17-18 (depending on province)
o Informal procedures
o Child-welfare approach
o Significant judical discretion
o Incidents of institutional abuse
o Lack of recognition of legal rights
Use in Case:
According to the Juvenile Delinquents Act, the 17-year-old boy would face a severe punishment for his accidental murder of the 15-year-old. Also, the 17-year-old’s identity would be revealed to the public and would not be entitled to have a lawyer defend him. Without a lawyer present he would surely not be able to contest with the crown attorney that he did not know that the gun would go off. The fact that he loaded and pointed the gun at the 15-year-old would be enough evidence to convict him. He would most likely be sent to a correctional or training institution if not prison for his actions.
Controversial Aspects:
Many people found certain aspects of the Juvenile Delinquents Act infringed on legal rights every person was entitled to. Juveniles rarely had lawyers present in court to represent them. This allowed judges, police and probation officers to impose whatever they thought was best for the youth, with sentences ranging from extremely harsh to incredibly lenient. Also, children as young as seven could be criminally charged under this Act. The fact was, the definition of delinquency was so broad that youths could be charged for breaking minor municipal bylaws, like coming home late or loitering.