T.A., Re, (1985) 64 A.R. 31 (ProvCt)

Judge:Fitch, P.C.J.
Court:Provincial Court (Alberta)
Case Date:July 09, 1985
Jurisdiction:Alberta
Citations:(1985), 64 A.R. 31 (ProvCt)
 
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T.A., Re (1985), 64 A.R. 31 (ProvCt)

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Re T.A.

Indexed As: T.A., Re

Alberta Provincial Court

Youth Division

Fitch, P.C.J.

July 9, 1985.

Summary:

A young person received a traffic ticket which indicated a "specified sum", which the youth could have paid and avoided a court appearance. In this case, the young person failed to pay and failed to appear in court. The Crown sought an arrest warrant, without any notice being given to the youth's parents. The Alberta Provincial Court, Youth Division, dismissed the Crown's application.

Criminal Law - Topic 8707

Young offenders (juveniles) - Notice of hearing - If a young offender received a (traffic) ticket for a "specified sum", he was entitled to pay the sum immediately and avoid court proceedings - The youth's parents were not required to receive a notice of the offence in such case - The Alberta Provincial Court held that if the youth does not pay the specified sum and is therefore subject to proceedings in court, the parents are entitled to notice of such proceedings - The court also held that where the youth neither pays nor appears, an arrest warrant cannot be issued without first giving notice to the parents.

Criminal Law - Topic 8707

Young offenders (juveniles) - Notice of hearing - Dispensing with notice - The Alberta Provincial Court suggested that notice, to the parent, of an offence against a young offender might be dispensed with pursuant to s. 8(8)(b) of the Young Offenders Act (Alberta), if the youth reaches his 18th birthday between the date of the offence and the return date of the summons or if the youth is self-supporting or is married - See paragraph 11.

Words and Phrases

Subsequent proceeding - The Alberta Provincial Court discussed the meaning of the words "subsequent proceeding" as found in s. 8(10) of the Young Offenders Act (Alberta), S.A. 1984, c. Y-1 - See paragraphs 7 to 8.

Statutes Noticed:

Young Offenders Act (Alberta), S.A. 1984, c. Y-1, sect. 2 [paras. 2, 4]; sect. 8(1) [paras. 2, 5, 8]; sect. 8(2) [paras. 2, 5, 8]; sect. 8(8) [para. 2]; sect. 8(8)(b) [para. 11]; sect. 8(9) [para. 2]; sect. 8(10) [paras. 2, 7-9]; sect. 8(11) [paras. 2, 57, 10].

Summary Convictions Act, R.S.A. 1980, c. S-26, sect. 5 [paras. 2-3]; sect. 6(1) [paras. 2-3].

Counsel:

C. Ford, for the Crown;

No one for the young person;

No one for the parent.

This matter was heard before Fitch, P.C.J., of the Alberta Provincial Court, Youth Division, whose decision was delivered at Calgary, Alberta on July 9, 1985.

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