Articles 2019

Child rights advocates, including two members of the OBA Child and Youth Law Section, express concern for the safety of children deprived of their liberty in Canada during #COVID19. Read their open Letter to federal, provincial and territorial Ministers of Justice.

How should a court assess the appropriateness of an adult sentence application by the Crown when there has been 24 years since the commission of the offence and the sentencing proceeding? A review of R v RM, 2020 ONCA 231.

Accommodating transgender and gender-nonconforming students within the school system is emergent and complex. Not only are inclusion and safety necessary to build a supportive environment, but the law is constantly evolving to reflect the importance of accommodating gender identity and gender expression.

Review of the November 28th program co-chaired by the Aboriginal Law and Child and Youth Law sections entitled: Legislative Spotlight: Bill C-92 and its impact on your practice.

The Supreme Court of Canada has ruled that the Jordan framework for assessing whether or not an accused person has been tried within a reasonable time applies to young persons.

This article explains the role of the Ontario Ombudsman with respect to service providers who operate under the CYFSA.

In a landmark decision (First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (Representing the Minister of Indigenous and Norther Affairs Canada et al.), 2019 CHRT 39, released on September 6, 2019, the Canadian Human Rights Tribunal ordered the federal government to pay $40,000 for every First Nations child unnecessarily removed from family members on reserve and in the Yukon on or after January 1st, 2006.

There were a large number of Child and Youth Law court decisions and news stories in 2018. We’ve compiled this list to highlight the growing recognition of the many legal issues directly affecting children and the list for 2019 is already well along its way.

Considering Dr. Christine Blasey Ford, Judge Brett Kavanaugh, youth justice, and the rights of the child.

One of the most frequent questions a family lawyer is asked is “at what age can my child choose to live with me?” Shmuel Stern explores what it means to be a “mature minor” in health law, and as a family lawyer, compares how health law and family law treat older children’s views and preferences.