Articles

About ArticlesThe below articles are published by the Child and Youth  Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Jean-Frederic Hubsch

Today
Today
“Support Persons” and A Child Witness

“Support Persons” and A Child Witness

  • March 11, 2015
  • Brock Jones

What is the proper role of a support person in the courtroom, and what should they do, or not do, while a child is testifying about highly contentious matters? A review of R v CT 2015 ONCJ 93

Charity and Not-For-Profit Law
Protecting Children From Harm With Publication Bans

Protecting Children From Harm With Publication Bans

  • February 06, 2015
  • Brock Jones

Can a court impose a publication ban to protect innocent third-party children from the harm that might occur from the publicity of family conflict? In R v Hosannah 2015 ONSC 380 Sproat J. addressed this question in the context of an adult criminal trial.

Child and Youth Law
Sentencing Youth “Whom Society Has Failed”

Sentencing Youth “Whom Society Has Failed”

  • January 30, 2015
  • Brock Jones

What principles should animate the sentencing of young persons found guilty of extremely violent offences who have themselves been the victims of a tragic upbringing characterized by neglect and isolation? A case comment on R v CTH 2015 MBCA 4.

Child and Youth Law

Implications of the Cyberbullying Case of AB v Bragg Communications Inc. and a Consideration of Some Remaining Questions

  • December 18, 2014
  • Marv Berstein

What are the implications of the Supreme Court of Canada’s decision in the cyberbullying case of AB v Bragg Communications 2012 SCC 46? UNICEF Canada had the unique opportunity of intervening in the case. This article by Marv Berstein, chief policy advisor for UNICEF Canada, touches briefly on the broader context of the digital environment and then focuses on the implications of the actual Judgment, and raises some remaining questions.

Child and Youth Law
<em>Res Gestae</em>, Hearsay, and Children's Evidence

Res Gestae, Hearsay, and Children's Evidence

  • November 14, 2014
  • Brock Jones

Can the prior utterances of excited and fearful children be admitted against their own father in a criminal trial when their mother prevents them from testifying?

Child and Youth Law