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.
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.
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.
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.
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.
M.A.A. v. D.E.M.E., 2020 ONCA 486: Child may not be returned from Canada before refugee claim is determined November 02, 2020 Maryellen Symons 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.
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.
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.
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.
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.