Articles 2021

Today
Today

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

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