Autonomy vs Best Interests: Withdrawing from Parental Control and the Paternalistic Approach of Parental Alienation June 30, 2022 By Adrianna Mills and Enniael Stair Law students Adrianna and Enniael analyze the application of the "best interests of the child" framework in the context of parental alienation cases and the common law right of older children to withdraw from parental control.
Relocation Under the Amended Divorce Act February 14, 2022 Katherine L. Shadbolt This article explores some of the new relocation provisions under the Divorce Act, including the various burdens of proof, and how a few recent Ontario cases have applied the new relocation framework.
Child and Youth Privacy in the Education System February 14, 2022 Melanie McNaught This article summarizes a recent OBA Webinar regarding child and youth privacy, with a particular focus on privacy issues for school boards and educators.
Program Recap: COVID and the Family Court February 14, 2022 Jean-Frédéric (J-F) Hübsch This article reviews a recent Webinar regarding Family Court decisions related to the pandemic, including vaccination and remote learning, that will interest members of the Education Law, Family Law and Child and Youth Law sections.
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”).
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.
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.
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.