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: Brock Jones


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

The Overhaul of Indigenous Child Welfare Considerations Through Federal Legislation

  • March 16, 2021
  • Imran Kamal, LSO Certified Specialist - Indigenous Legal Issues

This article reviews the significance of changes to the Child, Youth and Family Services Act (Ontario, 2018) and the federal legislation An Act respecting First Nations, Inuit and Métis Children, Youth and Families (2020) on child protection proceedings and Indigenous youth.

Child and Youth Law, Student Forum

Jurisdiction, Bail, and the YCJA: R v TJM, 2021 SCC 6

  • February 24, 2021
  • Brock Jones

A review of the Supreme Court of Canada's decision of R v TJM, 2021 SCC 6, which address the jurisdiction of the Superior Court of Justice for youth bail hearings.

Child and Youth Law, Student Forum

Respecting the Fundamental Rights of Children

  • September 22, 2020
  • Brock Jones

Children always have the right to independent legal advice. In Justice for Children and Youth v. J.G., 2020 ONSC 4716, the Divisional Court reviewed a decision by a Superior Court Judge denying a child access to independent legal advice in the context of a high custody dispute between his parents over custody and access. The judgment contains powerful statements on the rights of children and the importance of courts respecting them as independent decision-makers.

Child and Youth Law, Student Forum

Program Recap: New Privacy Obligations under the Child, Youth and Family Services Act

  • July 07, 2020
  • Bridget McInnis, JD (Certificate in Aboriginal Legal Studies), MSW

On June 25, the OBA convened a webinar panel of legal practitioners in the field of child and youth law to discuss the impact that Part X of the Child, Youth, and Family Services Act will have on service providers, and the challenges that are likely to arise throughout its implementation across the province.

Child and Youth Law, Student Forum

Recent Court Innovations For Matters Involving Children and Youth

  • May 19, 2020
  • Brock Jones, David Tobin and Jane Stewart

The practice of law in Ontario has undergone unprecedented change due to the COVID-19 pandemic. Fortunately, court matters for children and youth have been able to adapt to the current crisis. Much work and innovation must still be done, yet there are signs of progress. This article explores what has been changing in both family and youth criminal court over the past six weeks.

Child and Youth Law, Student Forum

Who’s Checking in on Youth in the Justice System?

  • May 07, 2020
  • Rowena Pinto, Rachel Gouin, Cheryl Milne, Shawn Bayes, Mary Birdsell, Heather Sago, Senator Kim Pate

Child rights advocates, including two members of the OBA Child and Youth Law Section, express concern for the safety of children deprived of their liberty in Canada during #COVID19. Read their open Letter to federal, provincial and territorial Ministers of Justice.

Child and Youth Law, Student Forum