Articles

A child’s wishes, particularly those of an older child, should be considered prior to making an access order. However, once the court has determined that access is in the child’s best interests, a parent cannot leave the decision to comply with the access order up to the child.

On November 19, 2015, the OBA held an event titled “Effective and Ethical Representation of Young People”. The program was co-chaired by section executive members Mary Birdselland Emma Rhodes. This article summarizes the program.

How does a local culture affect the "best interests of the child" consideration as a matter of law? A report from Uganda.

When is it appropriate for a court to appoint amicus curiae to represent parents in a high conflict custody and access case? A case comment on Morwald-Benevides v. Benevides, 2015 ONCJ 532

In Unifund Assurance Company v. D.E. the Ontario Court of Appeal ruled that the parents of a school-age bully are not covered for their negligent supervision under their home insurance policy.

On April 30, 2015, Ontario passed Bill 17, entitled the Protecting Child Performers Act. It comes into force in February 2016. The Act changes in critical ways the obligations of Ontario employers of children in the entertainment industries.

Justice McGee addressed the Child and Youth Law section at our year end event about the doctrine of parens patriae and its development in Canadian jurisprudence.

How should the principles of fundamental justice provided under section 7 of the Charter of Rights and Freedoms be applied when an offender co-exists in both the youth and adult criminal justice systems? In Erasmo v Canada (Attorney-General) 2015 FCA 129 the Federal Court of Appeal was asked to decide the constitutionality of the “merger provisions” of the Criminal Code, R.S.C. 1985, c. C-46 and the Corrections and Conditional Release Act, S.C. 1992, c. 20.