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: Laura Pettigrew

Today
Today

“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
Sexting, Sentencing and the YCJA

Sexting, Sentencing and the YCJA

  • May 09, 2016
  • Brock Jones

What is an appropriate sentence for a young person found in possession of naked pictures of another teenager? What if he or she has distributed them without consent to their friends? This article explains key distinctions between the YCJA and the Criminal Code.

Child and Youth Law

Constitutional and Human Rights of Young People: Policing and Public Space

  • February 25, 2016
  • Allison Pearl Williams and Aleena Reitsma

On February 3, 2016, the OBA Child and Youth Law Section and the Constitutional, Civil Liberties and Human Rights Law Section co-hosted a much-anticipated and well-attended event for OBA Institute: “Constitutional and Human Rights of Young People: Policing and Public Space.”

What is "Open" Custody?

  • February 22, 2016
  • Brock Jones

What is the difference between "secure" and "open" custody in youth criminal justice proceedings?

Child and Youth Law

Child Refugees and Migrants

  • February 02, 2016
  • Emily Chan

Child Refugees and Migrants: the Supreme Court of Canada’s decision in Kanthasamy v Canada, 2015 SCC 61

Child and Youth Law