On April 25, 2024, the Child and Youth Law section of the Ontario Bar Association held an insightful virtual program titled, “Capacity and Consent by Children and Youth: Legal Standards and Best Practices”, which was filled with practical tips from experts in the field.
The program was chaired by Kathy Batycky, Counsel with Stoner & Company Family Law, and Jane Stewart, a Staff Lawyer with Justice for Children and Youth. The panel was composed of the Honourable Justice Manjusha Pawagi of the Ontario Court of Justice (Family Court), the Honourable R. John Harper of Harper's Family Law Chambers, and Ian M. Ross, Counsel with Office of the Children’s Lawyer.
The panel explored various legal issues that affect children and youth, including their participation in legal proceedings and their capacity to make decisions about their legal and personal interests.
The panel stressed the importance of ensuring that children and youth’s voices, perspectives, and preferences are solicited and considered in the context of legal proceedings involving them. For example, the Honourable R. John Harper urged the audience to “never lose sight” of children in the context of legal conflicts between parents, where children’s views may easily be lost.
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