Articles 2019

Today
Today
Sexting, Sentencing and the YCJA

Sexting, Sentencing and the YCJA

  • May 09, 2016
  • Brock Jones

What is an appropriate sentence for a young person found in possession of naked pictures of another teenager? What if he or she has distributed them without consent to their friends? This article explains key distinctions between the YCJA and the Criminal Code.

Child and Youth Law

What is "Open" Custody?

  • February 22, 2016
  • Brock Jones

What is the difference between "secure" and "open" custody in youth criminal justice proceedings?

Child and Youth Law

Child Refugees and Migrants

  • February 02, 2016
  • Emily Chan

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

Child and Youth Law

A Punch is Still a Punch - Mens rea and young persons

  • January 18, 2016
  • Brock Jones

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?

Child and Youth Law

Ontario Passes Protecting Child Performers Act

  • August 05, 2015
  • Bob Tarantino

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.

Child and Youth Law

A Review of the Law of Parens Patriae

  • July 08, 2015
  • The Hon. Justice Heather McGee

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.

Child and Youth Law

“Merging” And The Principles of Fundamental Justice

  • June 08, 2015
  • Brock Jones

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.

Child and Youth Law

When Can Children Waive Their Constitutional Rights?

  • May 01, 2015
  • Brock Jones

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

Child and Youth Law
A “Youth Discount” Isn’t Enough

A “Youth Discount” Isn’t Enough

  • April 20, 2015
  • Brock Jones

Should a youth court judge, when imposing an adult sentence on a young person, simply offer a "youth discount" from what a similarly situated adult offender would receive for the same crime?

Child and Youth Law