Young people rioting in Vancouver. Graffiti in Kelowna. Hallowe'en vandalism.

Maybe you are thinking "where are the parents?" Why aren't they supervising their kids? If parents knew they might be financially responsible then they might keep a closer eye on their children. That's the theory.

Parental Responsibility legislation was proposed in BC about 10 years ago. Many opponents charged that it would be unfair to low income parents, who have fewer resources with which to supervise their children, to expect them to pay for property damage caused by their children. For high income parents it would not be a hardship at all to bail out their children and would set a poor example. However, the Act came into force on August 21, 2001. It seems to be seldom used as I could only find two cases in 10 years.

The Act does not create an offence of failing to supervise children so don't expect the police to arrest anyone or the Crown to lay charges against parents. The Act gives you the ability to sue parents for damage to your personal property caused by their children. It's not a fine; it's compensation for property damage.

Section 2 of the Act says that parents are liable for loss or damage if their child intentionally takes, damages or destroys the property of another person. The maximum award is $10,000 so your action must be brought in Small Claims Court. Section 9 sets out the defences of the parents being sued – that they were exercising reasonable supervision over the child at the time and that they made reasonable efforts to prevent or discourage the activities that caused property loss. Section 10 sets out the factors that the court may consider such as the age of the child, prior conduct and the likelihood that the activity would cause property loss.

Why only two cases in 10 years? Probably because the work of pursuing the claim falls on the people whose property has been damaged. However, many of you may not have been aware that this legislation even exists in BC.

You can find the Parental Responsibility Act (and all BC legislation) at www.bclaws.ca . Just click on View Statutes and Regulations and the acts are listed alphabetically.

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