Articles 2019

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.

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.

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.

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

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.

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.

On August 29, 2020, the Ontario Court of Appeal rendered an important decision on the priority between a child’s refugee claim and a parent’s application for return of the child to another country. Maryellen Symons summarizes the key points of this decision.

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.

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.

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.