Articles

About ArticlesThe below articles are published by the Child and Youth  Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Brock Jones

Today
Today

These Feet Were Meant for Voting: The Mature Minor in Health Law and Family Law

  • January 16, 2019
  • Shmuel Stern

One of the most frequent questions a family lawyer is asked is “at what age can my child choose to live with me?” Shmuel Stern explores what it means to be a “mature minor” in health law, and as a family lawyer, compares how health law and family law treat older children’s views and preferences.

Child and Youth Law, Student Forum

Text Messages, Conspiracy and Murder: R v SB1, 2018 ONCA 807

  • October 18, 2018
  • Brock Jones, assistant Crown attorney

An exploration of a case that serves as a helpful reminder of both the value of digital evidence and how to interpret it, but also how the law of post-offence conduct continues to evolve alongside the technologies that seem to dominate the lives of young people.

Child and Youth Law, Student Forum

C&Y Retweets

  • January 09, 2018
  • Shmuel Stern

A compilation of recent child law articles from established Canadian news sources.

CBA Rolls Out Child Rights Toolkit

  • July 05, 2017

The CBA has launched an online toolkit packed with information and resources to help lawyers, judges and other professionals make better decisions for children.

Child and Youth Law

VoIP of the Child

  • May 23, 2017
  • Shmuel Stern

If someone were to write a history on electronic evidence in family law, they could probably summarize it as a series of waves.

Child and Youth Law

“Notoriously forgetful” and Kleptomaniacal? Injured minors, negligence and liability

  • April 03, 2017
  • Grace Cheng

To what extent should the law hold children and young people responsible for their own injuries? This was the question before the Ontario Court of Appeal in two recent personal injury cases. In dismissing each appeal, the Court discussed the diminished judgment of minors in relation to two key concepts in the law of negligence: duty of care and contributory negligence.

The Impact of Sentencing On Children

  • March 02, 2017
  • Brock Jones

Should adult criminal courts consider the best interests of an offender's dependent children when making sentencing decisions? Could the application of this principle reduce, or even eliminate, a custodial sentence where one might otherwise be entirely appropriate?

Child and Youth Law

Accounting for Pre-sentence Custody Under the YCJA

  • December 06, 2016
  • Lauren Warner

Lauren Warner summarizes the recent case of R. v. M.B., 2016 ONCA 760, in which the Ontario Court of Appeal has reminded us that a youth court judge has discretion to determine whether and how much credit to give a youth for pre-sentence custody, especially where considering imposing an adult sentence.

Child and Youth Law

Accessing “Mixed” Youth Court Records

  • September 21, 2016
  • Brock Jones

Access to the court records of children and young persons who interact with the criminal or civil justice systems is tightly controlled. For example, youth records created for the purposes of a criminal investigation or prosecution are protected by a strict and comprehensive set of provisions found in Part VI of the Youth Criminal Justice Act.

Child and Youth Law