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: Laura Pettigrew


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

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.

Child and Youth Law, Student Forum

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.

Child and Youth Law, Student Forum

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.

Child and Youth Law, Student Forum

Adult Sentence Upheld For Historical Crimes

  • March 20, 2020
  • Brock B. Jones

How should a court assess the appropriateness of an adult sentence application by the Crown when there has been 24 years since the commission of the offence and the sentencing proceeding? A review of R v RM, 2020 ONCA 231.

Child and Youth Law, Student Forum

The Accommodation of Transgender and Gender-nonconforming Students in School

  • March 17, 2020
  • Fabienne Lajoie, lawyer, Emond Harnden LLP

Accommodating transgender and gender-nonconforming students within the school system is emergent and complex. Not only are inclusion and safety necessary to build a supportive environment, but the law is constantly evolving to reflect the importance of accommodating gender identity and gender expression.

Child and Youth Law, Education Law, Student Forum

Bill C-92 and its impact on your practice

  • December 17, 2019
  • Aubrey Abaya

Review of the November 28th program co-chaired by the Aboriginal Law and Child and Youth Law sections entitled: Legislative Spotlight: Bill C-92 and its impact on your practice.

Child and Youth Law, Student Forum

Delay in Youth Court Proceedings: R v K.J.M. 2019 SCC 55

  • November 20, 2019
  • Brock Jones

The Supreme Court of Canada has ruled that the Jordan framework for assessing whether or not an accused person has been tried within a reasonable time applies to young persons.

Child and Youth Law, Student Forum

Ontario Ombudsman and the CYFSA

  • October 18, 2019
  • Jean-Frédéric Hübsch

This article explains the role of the Ontario Ombudsman with respect to service providers who operate under the CYFSA.

Child and Youth Law, Student Forum

Case Comment: Jordan’s Principle and First Nations Children

  • September 30, 2019
  • Marvin M. Bernstein, B.A., J.D., LL.M.(ADR)

In a landmark decision (First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (Representing the Minister of Indigenous and Norther Affairs Canada et al.), 2019 CHRT 39, released on September 6, 2019, the Canadian Human Rights Tribunal ordered the federal government to pay $40,000 for every First Nations child unnecessarily removed from family members on reserve and in the Yukon on or after January 1st, 2006.

Child and Youth Law, Student Forum