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: Laura Pettigrew

Today
Today

Ontario Passes Protecting Child Performers Act

  • August 05, 2015
  • Bob Tarantino

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.

Child and Youth Law

A Review of the Law of Parens Patriae

  • July 08, 2015
  • The Hon. Justice Heather McGee

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.

Child and Youth Law

“Merging” And The Principles of Fundamental Justice

  • June 08, 2015
  • Brock Jones

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.

Child and Youth Law

When Can Children Waive Their Constitutional Rights?

  • May 01, 2015
  • Brock Jones

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

Child and Youth Law
A “Youth Discount” Isn’t Enough

A “Youth Discount” Isn’t Enough

  • April 20, 2015
  • Brock Jones

Should a youth court judge, when imposing an adult sentence on a young person, simply offer a "youth discount" from what a similarly situated adult offender would receive for the same crime?

Child and Youth Law

Student Discipline: Practical Strategies for Helping High Risk Students Succeed

  • April 13, 2015
  • Nicole Myers

On March 31, 2015, 60 lawyers convened to partake in the Education Law & Child and Youth Sections’ joint program, “Student Discipline: Practical Strategies for Helping High Risk Students Succeed”. Chaired by Mary Birdsell, Executive Director of Justice for Children and Youth, and Brenda Stokes Verworn, counsel to the District School Board of Niagara, the engaging program provided counsel – on both sides of the table – with critical take-ways to implement in your practice.

Charity and Not-For-Profit Law
“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