Articles

About ArticlesThe below articles are published by the Child and Youth  Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Maryellen Symons

Today
Today
Relocation Under the Amended Divorce Act

Relocation Under the Amended Divorce Act

  • February 14, 2022
  • Katherine L. Shadbolt

This article explores some of the new relocation provisions under the Divorce Act, including the various burdens of proof, and how a few recent Ontario cases have applied the new relocation framework.

Child and Youth Law, Family Law, Student Forum

Child and Youth Privacy in the Education System

  • February 14, 2022
  • Melanie McNaught

This article summarizes a recent OBA Webinar regarding child and youth privacy, with a particular focus on privacy issues for school boards and educators.

Child and Youth Law, Education Law, Student Forum

Program Recap: COVID and the Family Court

  • February 14, 2022
  • Jean-Frédéric (J-F) Hübsch

This article reviews a recent Webinar regarding Family Court decisions related to the pandemic, including vaccination and remote learning, that will interest members of the Education Law, Family Law and Child and Youth Law sections.

Child and Youth Law, Education Law, Family Law and 1 more..., Student Forum

Reviewing the Rights of First Nations Children: Commenting on the Caring Society Litigation

  • July 16, 2021
  • Szymon Rodomar and Wei Yang

A review of the submissions made during an application for judicial review in Federal Court concerning a 2019 compensation order made by the Canadian Human Rights Tribunal (“CHRT”) for Indigenous victims of the discriminatory underfunding of child and family services (the “Compensation Decision”) and the CHRT’s 2020 decision regarding the definition of “First Nations child” (the “First Nations child Decision”).

Child and Youth Law, Student Forum

Adoption and Openness - Let's Compare

  • May 24, 2021
  • Imran Kamal, barrister and solicitor, LSO Certified Specialist – Indigenous Legal Issues

Recent developments in openness in adoption proceedings in Ontario are reviewed, including three decision from the Ontario Court of Appeal.

Child and Youth Law, Student Forum

Human Rights Protections Apply - Even in a Pandemic

  • May 23, 2021
  • Amanda Dimilta, human rights and education law lawyer at bakerlaw.ca

This article reviews the first merits decision of the Human Rights Tribunal of Ontario (“HRTO”) on the role of human rights during the Covid-19 pandemic: JL v. Empower Simcoe, 2021 HRTO 222.

Child and Youth Law, Student Forum

The Impact of Part X of the Child, Youth and Family Services Act (CYFSA)

  • April 23, 2021
  • Farhana Hossein (PBSC student volunteer at Justice for Children and Youth)

A review of Part X of the CYFSA, which has sought to establish new rules for the collection, use, disclosure of, and access to, personal information held by ministry-funded and licensed service providers.

Child and Youth Law, Student Forum

Youth Criminal Justice Records and Child Protection Proceedings

  • April 12, 2021
  • Brock Jones

For young persons who become involved in both the youth criminal and family court systems, the lawful sharing or exchanging of information between them is often legally complex and fraught with the potential for errors. A case comment on Children’s Aid Society of the Districts of Sudbury and Manitoulin v. A.A., 2021 ONCJ 188.

Child and Youth Law, Student Forum

Criminal Code s. 278 Applications And Youth Records

  • March 23, 2021
  • Brock Jones

A review of recent court decisions addressing Criminal Code s. 278 applications in sexual-offence based cases where the records sought are youth records.

Child and Youth Law, Student Forum