Page:1954 Juvenile Delinquency Testimony.pdf/274

262 lation, but they circulate or have been circulating recently to an extent suflicient to give rise to geniine concern.

Then I would like to say a word in consequence of that about the couris and enforcement. I lave expressed, | think, already the opin- ion that our Jeeislition is adequate.

I would say, [ think, by that opinion, unless ihe case comes before the courts in which the prosecution is dismissed then we would know whether or not the law was adequate, but IT can see no reason why it showld not cover it so I wonld like to diseuss the problems of the courts and enforcement.

1 think that first one should state what is probably a general propo- sition applicable equally in both our countries, that, generally speak- ing, one of the reasons for what £ have called lack of vigerous en- foreement may be the inherent dishke of taking measures which appear to he repressive with respect to the written word, with respect to literattre.

Our law-enforcement authorities are reluctant, and I think properly reluctant, to liuncl proseention against those in the printing and publishing business and im the distribution of literature. It is a re- luctance which T think must and shonld be overcome where the case warrants it, but I used the words *T think it is a proper reluctance” and it. sone which | think we must take into aecount,

In any event, there have been very few proseentions in Canada, al- though this material is cireuliting in certainly eveater quantity chan 1 would like to see, ;

1 would like then to refer to one or two specific cases which came before our courts. You will appreciate from your reading of the section as lawyers that there are two alternative methods of proceed- ing. One is by indietment in which case it comes up before a court with a judge.

The other is by what we call snmunary procedure or on sammary con- viction, which means it comes up before « magistrate.

The principle, of course, apptieable in both courts are exactly the same as ta proof and so on, but the powers of the respective courts with vespeet to imposition of penalties are quite different. ‘The pen- alty whieh the higher court can impose ou the more fornial indict- nent procedure ts mueh larger than that which ean be imposed by a magistrate on a summary conviction,

The first ease I should Uke te mention came up before a magistrate in the Province of Alberta. Being in a magistrate court, it is not a reported case, but it was the case which gave us the greatest concern because the facts as I understand them were something like this: That the magazine or crime comic complained of ijlustrated everything right up to the actual moment of the delivery of the death blow, omitted that, and then continued with all the gruesome details im- mediately following that. That was the presentation at any rale as T understand it, given by the defending attorney.

The legislation refers to the commission of crimes. This does not jflustrate the actual commission of the crime and, therefore, the accused is not guilty.

The magistrate dismissed the case on that ground, ‘That looked as thongh we would have to amend our legislation if we wished it to be effective because you will appreciate so far as the juveniles ure concerned if you are going to say everything which falls short of