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The issue of whether parents should be held civilly and criminally responsible for the acts of their children has become a topic of debate in recent years.

In the United States, nearly all states have some form of "parental responsibility" legislation in place. In Canada, the only province to have enacted such legislation is Manitoba, which in 1997 proclaimed the Parental Responsibility Act holding parents accountable for property damage caused by their children.

Although Alberta does not have legislation similar to Manitoba’s, parents can, in certain cases, still be held accountable for the actions of their children.

1. Negligence

Generally, parents cannot be held responsible for damage caused by their children. There are however three exceptions:

• Parents may be held responsible for damage caused by a child acting on the parent’s behalf. For example, damage caused while running an errand for the parent;
  

• Parents will be held responsible where they instruct the child to cause damage; and
  

• Parents will be held liable if they fail to properly supervise or control their children.

Parental responsibility in these areas does not necessarily end when the child reaches the age of majority. Rather, depending on the nature of the act and the amount of damage caused, parents can be held liable even when a child is, by law, an adult.

2.  Human Rights Legislation

In 1997, the B.C. Council of Human Rights found the parents of a thirteen year old boy liable for the actions of their son. The family’s former nanny charged that the boy had sexually harassed her over a period of three months, causing her to quit her job. The Council found that the parents had not responded appropriately to the nanny’s complaints about their son’s behavior, especially since they had knowledge of his behavior.

This case shows that human rights legislation could be used to provide compensation for damage or injury caused by children.

3.  Criminal Responsibility

Criminal acts committed by children are governed by the Young Offenders Act. The Act does not hold parents responsible for the criminal acts of their children unless they willfully direct or assist their child in breaching a court order. However, there are some provisions under the Criminal Code of Canada which provide for parental responsibility where a parent aids, abets or counsels a child to commit a criminal offence. This would include a situation where the child, because of his/her age, could not be charged.

Currently, children who commit crimes have the right to publicly funded legal assistance regardless of the financial position of their parents. The Government of Canada is proposing changes to the Young Offenders Act which would allow provinces to recover the costs of a child’s lawyer from the child or from the child’s parents.