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“There are a number of ways presently to get the views and preferences of the child,” says Jennifer Shuber. “Judges will sometimes interview children, and while some people are supportive of that, others will say a one-time interview with a judge is not going...
Voice of the Child Reports (“VOCRs”) are increasingly being used by the court in the context of family law proceedings. The summary below addresses the purpose of a VOCR, the court’s authority to order a VOCR, the appropriate uses of a VOCR, and how VOCRs hav...
On December 19, 2022, the Ontario Ombudsman released a report entitled “A Voice Unheard: Brandon’s Story” concerning an investigation into the Children’s Aid Society (CAS) of Toronto’s response to child protection concerns relating to a young boy ...
On April 29, 2016, the coroner’s jury released its verdict and recommendations in the inquest into the death of Katelynn Sampson. The jury made a total of 173 recommendations touching upon the work of a wide range of actors who work with and for children. Seven-year-old ...
If someone were to write a history on electronic evidence in family law, they could probably summarize it as a series of waves:Wave 1: Admissibility of surreptitious recordings (Seddon,Fattali, Reddick, H...
One of the benefits of a juristic approach that requires each legal case concerning a child to turn on its own particular facts is that all of the child must be considered. The rules of evidence in respect of cases concerning children typically enable this to occur with the&nb...
On April 4, 2018, the OBA Constitutional, Civil Liberties and Human Rights Section with the OBA Education Law Section hosted a panel to discuss key Charter and human rights developments in education law. Chaired by Nicola Simmons of Keel Cottrelle LLP, the event brought togeth...
On January 1, 2020, Part X of the Child, Youth, and Family Services Act (“CYFSA”) came into effect. Its provisions govern the collection, use, and disclosure of personal information by service providers and the Ministry of Community and Social Services (“the ...
Introduction In Ontario family law, 16- and 17-year-olds occupy a unique middle ground between childhood and adulthood. They are simultaneously both minors and thus governed by the "best interests of the child" framework, as well young people who have reache...
When faced with the possibility of a suspension or expulsion, obtaining legal advice may be the last thing on the minds of students and parents. However, as demonstrated by the recent CPD, “Student Discipline: Practical Strategies for Helping High Risk Students Suc...
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