P-34 - Youth Protection Act

Full text
45. (1)  Whosoever prevents or attempts to prevent the carrying out of the admission order for a child issued under the provisions of this act, or counsels a child to escape from a school or other institution, or to abstain from returning to it after the expiry of leave granted under subsection 1 of section 39, or assists in his escape, or hides him, or prevents him from returning to the school or institution, is liable, on summary proceeding, to a fine not exceeding one hundred dollars or to imprisonment not exceeding three months, or to both penalties together, besides the costs.
In the districts where there is a Social Welfare Court, such prosecution shall be heard by a judge of such court and, in the other districts, by a judge of the Provincial Court having jurisdiction at the place of the offence.
(2)  Whosoever wilfully and without valid excuse exposes a child to a serious moral or physical danger or, being responsible for such child, neglects to protect him from such danger in a manner and in circumstances not covered by the Criminal Code, is liable, on summary proceeding, to a fine not exceeding three hundred dollars or to imprisonment not exceeding one year, or to both penalties together, in addition to the costs.
If the judge finds the accused guilty of the offence charged against him, he may suspend sentence and impose upon him such order and conditions as he may deem to be in the child’s interest; upon proof that such order has not been obeyed or that such conditions have not been fulfilled, the judge shall then pronounce final sentence and order the same to be carried out.
Every prosecution for an offence contemplated in this subsection shall be prescribed by one year. In the districts where there is a Social Welfare Court, such prosecutions shall be heard by a judge of such court and, in the other districts, by a judge of the Provincial Court having jurisdiction at the place of the offence.
R. S. 1964, c. 220, s. 39; 1965 (1st sess.), c. 17, s. 2.