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

When Can Children Waive Their Constitutional Rights?

  • May 01, 2015
  • Brock Jones

Can children waive their constitutional rights? And if so, under what circumstances? A review and commentary of Gillies et al. v Toronto District School Board 2015 ONSC 1038

Child and Youth Law
A “Youth Discount” Isn’t Enough

A “Youth Discount” Isn’t Enough

  • April 20, 2015
  • Brock Jones

Should a youth court judge, when imposing an adult sentence on a young person, simply offer a "youth discount" from what a similarly situated adult offender would receive for the same crime?

Child and Youth Law

Student Discipline: Practical Strategies for Helping High Risk Students Succeed

  • April 13, 2015
  • Nicole Myers

On March 31, 2015, 60 lawyers convened to partake in the Education Law & Child and Youth Sections’ joint program, “Student Discipline: Practical Strategies for Helping High Risk Students Succeed”. Chaired by Mary Birdsell, Executive Director of Justice for Children and Youth, and Brenda Stokes Verworn, counsel to the District School Board of Niagara, the engaging program provided counsel – on both sides of the table – with critical take-ways to implement in your practice.

Charity and Not-For-Profit Law
“Support Persons” and A Child Witness

“Support Persons” and A Child Witness

  • March 11, 2015
  • Brock Jones

What is the proper role of a support person in the courtroom, and what should they do, or not do, while a child is testifying about highly contentious matters? A review of R v CT 2015 ONCJ 93

Charity and Not-For-Profit Law
Protecting Children From Harm With Publication Bans

Protecting Children From Harm With Publication Bans

  • February 06, 2015
  • Brock Jones

Can a court impose a publication ban to protect innocent third-party children from the harm that might occur from the publicity of family conflict? In R v Hosannah 2015 ONSC 380 Sproat J. addressed this question in the context of an adult criminal trial.

Child and Youth Law
Sentencing Youth “Whom Society Has Failed”

Sentencing Youth “Whom Society Has Failed”

  • January 30, 2015
  • Brock Jones

What principles should animate the sentencing of young persons found guilty of extremely violent offences who have themselves been the victims of a tragic upbringing characterized by neglect and isolation? A case comment on R v CTH 2015 MBCA 4.

Child and Youth Law

Implications of the Cyberbullying Case of AB v Bragg Communications Inc. and a Consideration of Some Remaining Questions

  • December 18, 2014
  • Marv Berstein

What are the implications of the Supreme Court of Canada’s decision in the cyberbullying case of AB v Bragg Communications 2012 SCC 46? UNICEF Canada had the unique opportunity of intervening in the case. This article by Marv Berstein, chief policy advisor for UNICEF Canada, touches briefly on the broader context of the digital environment and then focuses on the implications of the actual Judgment, and raises some remaining questions.

Child and Youth Law