Articles

Child Refugees and Migrants: the Supreme Court of Canada’s decision in Kanthasamy v Canada, 2015 SCC 61

Should courts apply a different standard when assessing the necessary mens rea – or criminal intent – to ground a finding of guilt when the defendant is a young person?

What is “child-friendly” justice? How is this concept put into practice and how is it understood by such a wide variety of stakeholders? A view from Uganda.

A child’s wishes, particularly those of an older child, should be considered prior to making an access order. However, once the court has determined that access is in the child’s best interests, a parent cannot leave the decision to comply with the access order up to the child.

On November 19, 2015, the OBA held an event titled “Effective and Ethical Representation of Young People”. The program was co-chaired by section executive members Mary Birdselland Emma Rhodes. This article summarizes the program.

On April 30, 2015, Ontario passed Bill 17, entitled the Protecting Child Performers Act. It comes into force in February 2016. The Act changes in critical ways the obligations of Ontario employers of children in the entertainment industries.

Justice McGee addressed the Child and Youth Law section at our year end event about the doctrine of parens patriae and its development in Canadian jurisprudence.

How should the principles of fundamental justice provided under section 7 of the Charter of Rights and Freedoms be applied when an offender co-exists in both the youth and adult criminal justice systems? In Erasmo v Canada (Attorney-General) 2015 FCA 129 the Federal Court of Appeal was asked to decide the constitutionality of the “merger provisions” of the Criminal Code, R.S.C. 1985, c. C-46 and the Corrections and Conditional Release Act, S.C. 1992, c. 20.

Can children waive their constitutional rights? And if so, under what circumstances? A review and commentary of Gillies et al. v Toronto District School Board 2015 ONSC 1038