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Children, Youth, and Climate Change: The Latest Decision in Mathur v. Ontario
Laura Pettigrew, member-at-large, OBA Child & Youth Law Section | November 04, 2024
In October 2024, the Ontario Court of Appeal allowed an appeal in Mathur v Ontario, an ongoing youth-led climate case. The Court found that the Province voluntarily assumed a positive statutory obligation to combat climate change, meaning its target and plan need to be Charter compliant. Although the Court allowed the appeal, it declined to decide the application and instead remitted the matter for a new hearing before the same or another justice of the Superior Court.
Learn moreWhat Are You Doing for National Child Day?
Jean-Frédéric Hübsch, newsletter editor, Child & Youth Law Section | October 25, 2024
A quick tour of ways to celebrate National Child Day and World Children's Day on November 20. Child Day is an opportunity to learn more about children's rights and, in 2024, to commemorate the 35th anniversary of the ratification of the Convention on the Rights of the Child.
Learn moreCase Commentary: ASP v. Health Professions Appeal and Review Board 2024 ONSC 438
October 25, 2024
On August 7th, 2024, the Divisional Court of the Ontario Superior Court of Justice released an important decision affirming the rights of children with capacity to make decisions about their own health care under Ontario’s Health Care Consent Act, 1996. This decision marks a pivotal moment in the province’s recognition of capable children’s indisputable right to consent to medical treatments.
Learn moreManitoba’s FASD Justice Program
Laura Pettigrew | December 20, 2023
The article summarizes a discussion about Manitoba's FASD Justice Program that occurred during the October 20, 2023 Child and Youth Law and the Youth Criminal Justice Act Online Symposium organized by the Canadian Bar Association's Child and Youth Law Section.
Learn moreLaura Pettigrew | November 27, 2023
The article summarizes a panel discussion, What’s Working and What Isn’t: Best Practices and Gaps in Youth Criminal Justice Act Practice and Administration Across Canadian Jurisdictions, from the October 20, 2023 Canadian Bar Association Child and Youth Law Section's Child and Youth Law & the Youth Criminal Justice Act (YCJA) Online Symposium.
Learn moreA Voice Unheard: Brandon’s Story (Report of the Office of the Ontario Ombudsman)
Laura Pettigrew | January 03, 2023
The article discusses the report entitled “A Voice Unheard: Brandon’s Story” released by the Ontario Ombudsman on December 19, 2022 concerning an investigation into the Children’s Aid Society of Toronto.
Learn moreA Comprehensive Look at Youth Records in Adulthood: A Panel Discussion
Willem Crispin-Frei | November 22, 2022
Discussion of Ontario Bar Association Child & Youth Law and Criminal Law Section panel discussion on November 9, 2022 entitled “A Comprehensive Look at Youth Records in Adulthood”.
Learn moreReviewing the Rights of First Nations Children: Commenting on the Caring Society Litigation
Szymon Rodomar and Wei Yang | July 16, 2021
A review of the submissions made during an application for judicial review in Federal Court concerning a 2019 compensation order made by the Canadian Human Rights Tribunal (“CHRT”) for Indigenous victims of the discriminatory underfunding of child and family services (the “Compensation Decision”) and the CHRT’s 2020 decision regarding the definition of “First Nations child” (the “First Nations child Decision”).
Learn moreHuman Rights Protections Apply - Even in a Pandemic
Amanda Dimilta, human rights and education law lawyer at bakerlaw.ca | May 23, 2021
This article reviews the first merits decision of the Human Rights Tribunal of Ontario (“HRTO”) on the role of human rights during the Covid-19 pandemic: <em>JL v. Empower Simcoe</em>, 2021 HRTO 222.
Learn moreThe Impact of Part X of the Child, Youth and Family Services Act (CYFSA)
Farhana Hossein (PBSC student volunteer at Justice for Children and Youth) | April 23, 2021
A review of Part X of the <em>CYFSA</em>, which has sought to establish new rules for the collection, use, disclosure of, and access to, personal information held by ministry-funded and licensed service providers.
Learn moreYouth Criminal Justice Records and Child Protection Proceedings
For young persons who become involved in both the youth criminal and family court systems, the lawful sharing or exchanging of information between them is often legally complex and fraught with the potential for errors. A case comment on<em> Children’s Aid Society of the Districts of Sudbury and Manitoulin v. A.A</em>., 2021 ONCJ 188.
Learn moreThe Overhaul of Indigenous Child Welfare Considerations Through Federal Legislation
Imran Kamal, LSO Certified Specialist - Indigenous Legal Issues | March 16, 2021
This article reviews the significance of changes to the <em>Child, Youth and Family Services Act</em> (Ontario, 2018) and the federal legislation <em>An Act respecting First Nations, Inuit and Métis Children, Youth and Families</em> (2020) on child protection proceedings and Indigenous youth.
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