Articles

An exploration of a case that serves as a helpful reminder of both the value of digital evidence and how to interpret it, but also how the law of post-offence conduct continues to evolve alongside the technologies that seem to dominate the lives of young people.

A compilation of recent child law articles from established Canadian news sources.

The CBA has launched an online toolkit packed with information and resources to help lawyers, judges and other professionals make better decisions for children.

The CBA response to consultations on the Canadian Border Services Agency’s new National Immigration Detention Framework.

If someone were to write a history on electronic evidence in family law, they could probably summarize it as a series of waves.

To what extent should the law hold children and young people responsible for their own injuries? This was the question before the Ontario Court of Appeal in two recent personal injury cases. In dismissing each appeal, the Court discussed the diminished judgment of minors in relation to two key concepts in the law of negligence: duty of care and contributory negligence.

Should adult criminal courts consider the best interests of an offender's dependent children when making sentencing decisions? Could the application of this principle reduce, or even eliminate, a custodial sentence where one might otherwise be entirely appropriate?

Lauren Warner summarizes the recent case of R. v. M.B., 2016 ONCA 760, in which the Ontario Court of Appeal has reminded us that a youth court judge has discretion to determine whether and how much credit to give a youth for pre-sentence custody, especially where considering imposing an adult sentence.

Access to the court records of children and young persons who interact with the criminal or civil justice systems is tightly controlled. For example, youth records created for the purposes of a criminal investigation or prosecution are protected by a strict and comprehensive set of provisions found in Part VI of the Youth Criminal Justice Act.

The OBA’s Child & Youth Law Section hosted two very important programs on child protection issues in May. A summary of these great presentations is provided.