Articles 2023

What is the difference between "secure" and "open" custody in youth criminal justice proceedings?

Child Refugees and Migrants: the Supreme Court of Canada’s decision in Kanthasamy v Canada, 2015 SCC 61

Should courts apply a different standard when assessing the necessary mens rea – or criminal intent – to ground a finding of guilt when the defendant is a young person?

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.

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

Emma Rhodes provides some guidance to counsel on how to interview a young person charged with a criminal offence.