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New law makes parents liable for kids' crimes
August 16, 2000
If your child commits a property crime, you could
be made to pay up to $10,000 under Ontario legislation that took
effect August 15, 2000.
The Parental Responsibility Act applies to crimes
committed by children under the age of 18.
The law makes it easier for victims of property
crime to sue the parents of young offenders by placing the onus
on parents to show they are not responsible for the damage caused
by their children. The act applies in Small Claims Court where
claims cannot exceed $10,000.
To avoid liability, a parent must show:
- the loss or damage caused was not intentional
- the parent exercised reasonable supervision, and
- the parent tried to prevent the damage
Before the act takes effect, the victim of a
crime who sues a parent for damage caused by a child has to prove
the parent was negligent.
Some 20,000 cases heard in Ontario youth courts
in 1998 involved property crime.
A similar law in Manitoba allows for recovery
of up to $7,500. Unlike the Ontario law, however, it does not
contain a reverse onus provision.
Disclaimer: The material on this site is not intended as legal advice. It merely conveys general information on legal issues commonly encountered by persons facing criminal charges in Canada. If you are charged with an offence, you should contact a criminal lawyer.
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