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Status Offenses - Inequality Before the Law

NCJ Number
88463
Journal
University of Toronto Faculty of Law Volume: 39 Issue: 2 Dated: (1981) Pages: 149-169
Author(s)
R Landau
Date Published
1981
Length
21 pages
Annotation
Youths will never be treated as equals to adults under Canadian law unless the labeling of punitive measures as protection ceases and the category of status offenses is eliminated.
Abstract
The various child protection laws and other Federal and Provincial laws result in many juveniles being subject to the discretionary jurisdiction of the court. Some of the provisions of the Juvenile Delinquents Act (JDA) increase the effect of the unequal treatment of juveniles. In addition, the vagueness of both the status offense definitions and the JDA's sentencing procedures combine to discriminate against women. The courts continue to view all these discriminatory measures as protection, however. Federal attempts at reform will never be meaningful if they cover only Federal offenses. Neglected children should be handled under separate legislation than that for delinquent children. Except in emergencies, they should also be held in separate facilities. Children who are in danger of death or serious physical harm need to be taken away from parents, but those who are physically or emotionally neglected may benefit more from staying in the home. Children charged with crimes should have the same safeguards and rights as adults charged with the same crimes. Children who may be unmanageable but who do not break any laws should not be punished, although those for whom parents refuse to take any responsibility may require the State to take over the parent's role. However, these children should not be placed in institutions along with children who have committed crimes. Footnotes are provided.