Syllabus 2021 Children and the Law
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CHILDREN AND THE LAW 474.01
SYLLABUS SEPTEMBER 2021
SEPTEMBER 13: SEMINAR OVERVIEW AND INTRODUCTION
The objective of this session is to introduce each other and take up any questions or concerns you may have regarding the learning objectives or requirements of this seminar as set out in the Seminar Overview and Description and the Syllabus. UNICEF Canada, Where Does Canada Stand? The Canadian Index of Child and Youth Well-being 2019 Baseline Report at 5-9; online at https://oneyouth.unicef.ca/sites/default/files/2019-
08/2019_Baseline_Report_Canadian_Index_of_Child_and_Youth_Well-being.pdf
UNICEF Innocenti Report Card 13, Fairness for Children: A league table of inequality in child well-being in rich countries, 2016 at 2-3, 12-13; online at https://www.unicef-
irc.org/publications/pdf/RC13_eng.pdf
and see and see Innocenti Report Card 13, 2016. Fairness for Children: Canada’s Challenge
at http://www.unicef.ca/sites/default/files/imce_uploads/images/advocacy/rc/
rc13_infographen_media.pdf
SEPTEMBER 20: THE SOCIAL AND LEGAL CONSTRUCTION OF CHILDHOOD The objective of this session is to introduce conceptions of childhood that have been prevalent in Western culture over time and that have helped to shape law’s response to children. In this session, we will also briefly review the legal treatment of children historically in relation to parental authority and child welfare and provide an overview of the contemporary legal regulation of childhood. Consider the following questions in light
of the readings and recordings:
1.
How is childhood constructed in contemporary Canadian society? How has the social and legal status of children changed over time and how do conceptions of childhood vary across cultures?
Read the following:
*David Archard, “The Modern Conception of Childhood” in Children: Rights and Childhood (New York: Routledge, 1993) 29-41 (Canvas)
Compare the cultural conception of childhood described by Archard to the conception of childhood described by Kim Anderson, Recognition of Being: Reconstructing Native Womanhood (Toronto: Sumach Press, 2001) 158-63 (Canvas)
1
Recorded Lecture, Introduction to the Social Construction of Childhood, September 2020
2.
When does or should childhood end and adulthood begin? To what extent should childhood justify the imposition of legal disabilities? To what extent should childhood justify reduced sanctions for criminal behavior?
Recorded Lecture on The Legal Regulation of Childhood in Canada
, September 2020 [Note that The Children’s Law Act, 2020 and similar amendments to the Divorce Act in relation to parenting orders came into effect March 1 2021]
Read AC v Manitoba and ONE of the following cases and commentaries.
Reflect on the conceptions of children that are at issue in each judgment and what rationales judges have provided for limiting rights and/or culpability on an age-related basis. How would you have decided each case? Do the outcomes in these cases reflect a consistent underlying conception of childhood and youth?
*
A.C. v. Manitoba (Director of Child and Family Services) 2009 SCC 30 (Canvas
pages 1-19) and “Immaturity is no mere stereotype” Globe and Mail. Wednesday, July 1,
2009 A10 (right to make life-threatening medical decisions?)
*R. v. DB,
2008 SCC 25 (paras 60-68) (reduced consequences of criminal behavior by young offenders?) and L Steinberg, “Should the Science of Adolescent Brain
Development Inform Public Policy?” (2012) 28 (spring) Issues in Science and Technology
67-78 and see https://clbb.mgh.harvard.edu/juvenilejustice/
.
*Fitzgerald (Next friend of) v. Alberta 2002 ABQB 1086, aff’d 2004 ABCA 184, leave denied [2004] SCCA No. 349 (right to vote at 16?) and Eva Zeglovits, “Voting at 16? Youth Suffrage is up for Debate” 2013 European View
at https://journals.sagepub.com/doi/full/10.1007/s12290-013-0273-3
and see David Asper Centre for Constitutional Rights, 14 November 2019 on organizing youth consultations for legal challenge to Canada’s voting age (to proceed in fall of 2021) at https://aspercentre.ca/news-release-asper-centre-and-justice-for-children-and-youth-
organize-youth-consultations-for-legal-challenge-to-canadas-voting-age/
. The Society for Children and Youth in BC has recently called for expanded enfranchisement, “a landmark civil right that children lack across the board and that could aid them in holding
the government accountable to uphold their rights” at Child and Youth Rights in BC: A Closer Look at 10, optional online at https://www.scyofbc.org/wp-content/uploads/2020/03/Child-and-Youth-Rights-in-BC-A-
Closer-Look-FULL.pdf
. *First Nations Child and Family Caring Society of Canada and Assembly of First
Nations and Canadian Human rights Commission and Attorney General of Canada et al 2020 CHRT 7 at paras 1-36 (right to payment of compensation at 18 or 25?)
2
Optional Readings:
Aries, Phillipe, Centuries of Childhood: A Social History of Family Life (New York: Vintage Books, 1962)
Colon, A.R. and P.A. Colon, A History of Children: A Socio-Cultural Survey Across Millennia (London: Greenwood Press, 2001)
Fionda, Julia, ed. Legal Concepts of Childhood. (Oxford, Hart Publishing, 2001)
Jenks, Chris. Childhood. (New York: Routledge, 1996).
Kitzinger, Jenny. 1998. “Defending Innocence: Ideologies of Childhood.” Feminist
Review
28: 77-87.
Mandell, Nancy. 1988. “The Child Question: Links Between Women and Children in the Family.” In Reconstructing the Canadian Family: Feminist Perspectives
, ed. Nancy Mandell & Ann Duffy, 49-81. Toronto: Butterworths.
Parr, Joy, ed. Childhood and Family in Canadian History (Toronto: McClelland and Stewart, 1982)
Pazderka, Hannah et al., “Cree Teachings of Early Childhood Attachment” (2014) 9.1 The First People’s Child and Family Review.
Rooke, Patricia T. and R.L. Schnell, eds. Studies in Childhood History: A Canadian Perspective (Calgary: Detselig Ent., 1982).
Stephens, Sharon, ed. Children and the Politics of Culture. (Princeton, N.J.: Princeton University Press, 1995).
Sutherland, Neil. Children in English-Canadian Society: Framing the Twentieth-
Century Consensus (Toronto: University of Toronto Press, 1976)
SEPTEMBER 27: CHILDREN’S RIGHTS AND THE UN CONVENTION ON THE RIGHTS OF THE CHILD
Guest Speaker
: Lisa Broda, Saskatchewan’s Children’s Advocate
In this session, we introduce the concept of children’s rights by exploring the nature and extent of rights protected under the U.N. Convention on the Rights of the Child
, the most widely ratified treaty in history. Consider the following issues in light of the readings in this section:
3
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1.
How has the idea of children’s rights emerged? What is the theoretical basis for and limits of children’s rights?
What other frameworks are available to ground normative claims on behalf of children?
*Michael Freeman, “Whither Children: Protection, Participation, Autonomy?” (1994) 22
Man.L.J. 307-327
and compare to Guggenheim, Martin, What’s Wrong with Children’s Rights (Boston: Harvard University Press, 2005), “A Brief History” at 5-16, 245-50 Recorded Lecture and Overhead on Children’s Rights
2.
Does the Convention on the Rights of the Child
(CRC) challenge a traditional individualistic conception of rights? How does the Convention
reconcile the rights and obligations of parents vis-a-vis their children? What role is the state or the community expected to play in relation to responsibility for children’s well-being? How does the Convention overcome cultural differences between states? The United Nations Convention on the Rights of the Child (CRC)
at https://www.ohchr.org/en/professionalinterest/pages/crc.aspx
Saskatchewan Advocate for Children and Youth, Annual Report 2020, at 4-5, 12-17, online at https://www.saskadvocate.ca/sites/default/files/u11/SACY_2020_Annual_Report.pdf
Excerpts from Baker v Minister of Citizenship and Immigration
, 1999 SCC, and R v. Hape, 2007 SCC; Michel v Graydon, 2020 SCC (Canvas)
UN Declaration on the Rights of Indigenous Peoples UN Resolution 61/297, Articles 7, 9, 13, 14, 17, 21, 22 at http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf
.
Recorded Lecture on the CRC
Review the two cases you read and discussed in the last session: Was the CRC mentioned or discussed in these cases? If so, how was it applied? If not, why not? Would application of the CRC have changed the outcome of the case? 3.
To what extent has the Convention
been effective in realizing children’s rights domestically and internationally?
Saskatchewan Advocate for Children and Youth, Annual Report 2020, at 8-11, 18-27, 34-
39, 43-48, online at https://www.saskadvocate.ca/sites/default/files/u11/SACY_2020_Annual_Report.pdf
4
UNICEF, An Unfair Start: Inequality in Children’s Education in Rich Countries
, 2018, 3-4, 8 at https://www.unicef-irc.org/publications/pdf/an-unfair-start-inequality-children-
education_37049-RC15-EN-WEB.pdf
Optional Readings:
Daniel Keating, Arjumand Siddiqi and Quynh Nguyen, “National Differences in Population Health and Development” in Peter A Hall & Michele Lamont eds. Social Resilience in the Neoliberal Era (NY: Cambridge University Press, 2013) 239-260
Lucinda Ferguson, “The Jurisprudence of Making Decisions Affecting Children” An Argument to Prefer Duty to Children’s Rights and Welfare” in Law in Society: Reflections on Children, Family, Culture and Philosophy – Essays in Honour of Michael Freeman (2015), online at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2339888
Lucinda Ferguson, “Not merely rights for children but children’s rights: The theory gap and the assumption of the importance of children’s rights” (2013) 21 International Jnl of Children’s Rights 177-208
Report by Canada filed for Consideration by the UN Committee on the Rights of the Child in Session 90, 2020: (under CRC) https://tbinternet.ohchr.org/_layouts/15/TreatyBodyExternal/Countries.aspx?
CountryCode=CAN&Lang=EN
Canadian Council of Child and Youth Advocates’ Alternative Report to Canada’s Combined Fifth and Sixth Reports on the Convention on the Rights of the Child, March 2020 at http://www.cccya.ca/Images/english/pdf/CCCYA_Alternative_Report_CRC_March2020
(English).pdf
. UN Committee on the Rights of the Child, Concluding Observations 2012, “Main areas of concern and recommendations” at https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?
symbolno=CRC%2fC%2fCAN%2fCO%2f3-4&Lang=en
Andressa M. Gadda, Juliet Harris, E. Kay M. Tisdall, Elizabeth Millership & Ursula Kilkelly (2019) Human rights’ monitoring and implementation: how to make rights ‘real’
in children’s lives, The International Journal of Human Rights, 23:3, 317-322, DOI: 10.1080/13642987.2018.1558972
Collins, T. M. (2019). The general measures of implementation: Opportunities for progress with children’s rights, The International Journal of Human Rights, 23(3), 338-
356. doi: 10.1080/13642987.2018.1558976
5
Society for Children and Youth of BC, Child and Youth Rights in BC: A Closer Look (Feb 2020) at http://rightsofchildren.ca/wp-content/uploads/2020/03/Child-and-Youth-
Rights-in-BC-A-Closer-Look-FULL.pdf
BC Representative of Children and Youth, 2020, From Marginalized to Magnified: Youth
Homelessness Solutions From Those With Lived Expertise, at https://rcybc.ca/wp-
content/uploads/2020/02/Final-NR-From-Marginalized-to-Magnified.pdf
Final Report of the Senate Committee, April 2007, Children: The Silenced Citizens at xvii-xxv and 226-37 at www.fncfcs.com/docs/Children_TheSilentCitizens_April2007.pdf
Katherine Covell and R. Brian Howe, The Challenge of Children’s Rights for Canada (Waterloo, Ont: Wilfred Laurier University Press, 2001) 1-35 Reserve Hawes, Joseph M. The Children’s Rights Movement: A History of Advocacy and Protection (Boston: Twayne Publishers, 1991).
Freeman, Michael D.A. 1992. “The Limits of Children’s Rights.” In The Ideologies of Children’s Rights
, ed. Michael Freeman & Philip Veerman, 29-46. Boston: martinus Nijhoff Publishers
Freeman, Michael DA ed. The Future of Children’s Rights (Boston: Brill Nijhoff, 2014)
Levesque, Roger, The Sexual Abuse of Children: A Human Rights Perspective Lim, Hilary & Jeremy Roche. 2000. “Feminism and Children’s Rights.” In Feminist Perspectives on Child Law, ed.
Jo Bridgeman & Daniel Monk, 227-249. London: Cavendish Publishing Ltd.
Minow, Martha. 1986. “Rights for the next generation: a feminist approach to children’s rights.” Harvard Women’s Law Journal 9(1): 1-24.
-. 1990. Making All the Difference: Inclusion, Exclusion and American Law
. Ithaca: Cornell University Press.
-. 1995. “Whatever happened to children’s rights?” Minnesota Law Review 80:
267-297.
Minow, Martha & Richard Weissbourd. 1993. “Social Movements for Children.” Daedalus
122: 1-29.
Stasiulus, Daiva. 2002. “The Active Child Citizen: Lessons from Canadian Policy and the Children’s Movement.” Citizenship Studies
6: 507-38.
Van Bueren, Geraldine. The International Law on the Rights of the Child (Boston: Martinus Nijhoff Publishers, 1994) 6
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OCTOBER 4: CHILDREN’S RIGHTS, the CHARTER and CORPORAL
DISCIPLINE
In this session, we examine in-depth the extent to which children’s rights are protected vis-à-vis their parents under the Canadian Charter of Rights and Freedoms. Reflect on the following questions as you review the materials:
1.
What should be the scope of children’s rights under the Charter
?
A.C. v. Manitoba (Director of Child and Family Services) 2009 SCC 30 (Canvas) 2.
What should the relationship between children’s and parental rights be? Should parents even have constitutional rights qua
parents? What of non-
parents and extended family?
B(R) v Children’s Aid Society of Metropolitan Toronto [1995] 1 SCR 315 (headnote) (paras 85-121 optional)
New Brunswick (Minister of Health and Social Services) v G(J) [1999] 3 SCR 46 (headnote) (paras 56-93 optional) *Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General)
, [2004] S.C.J. No. 6 (QL) (head note plus paras 1-68).
*Mark Carter, “Debunking” Parents’ Rights in the Canadian Constitutional Context” (2007) Canadian Bar Review 479-514 (Library Catalogue online).
Recorded Lecture on Children’s Rights, the Charter and Corporal Punishment
In addition to a close analysis and evaluation of the Supreme Court’s decision in Canadian Foundation
, where s. 43 of the Criminal Code was challenged, we will look at several lower court cases that apply the decision in either acquitting or convicting parents
of assault.
The Senate Report in Silenced Citizens supported the abolition of s. 43, as urged by children’s rights groups, but nonetheless argued that prosecutorial discretion should be exercised such that parents were rarely prosecuted, see Final Report of the Senate Committee, April 2007, Children: The Silenced Citizens at 62-71 at www.fncfcs.com/docs/Children_TheSilentCitizens_April2007.pdf
(optional). Several of the submissions to the UN Committee on the Rights of the Child have asked for the automatic repeal of s 43.
7
*Read TWO of the following cases and consider how you, as a judge, would have decided the case or whether, as a prosecutor, you would have even proceeded with the charges. In proceeding to trial, prosecutors are required to consider both whether there is a reasonable likelihood of conviction on the facts and whether the prosecution is in the public interest. With respect to the latter, consider whether these cases are indicative of substantial dangers or risks for children who must testify in criminal proceedings against their parents? Were these proceedings always in the best interests of the children involved? R v MAM 2020 ABPC 94
R. v. W.E.S. 2004 SKPC 81
R. v. Rennato
2007 ONCJ 156
R. v. B.S
. 2008 CanLII 10389 (Ont SC)
R. v. J.B.D. 2004 ABPC 125
R v. Gervin 2012 MBQB 44
R v JRL 2013 BCPC 350
Optional Readings:
Marvin M Bernstein et al, Alternative Report to the UN Committee on the Rights of the Child regarding the Repeal of Section 43 of the Criminal Code (Canada) online at http://rightsofchildren.ca/wp-content/uploads/2020/03/Alternative-Report-Section-43-of-
the-Criminal-Code.pdf
Sykes, Katie, “Bambi Meets Godzilla: Children’s and Parents’ Rights in Canadian Foundation for Children, Youth and the Law v. Canada (2006) 51 McGill L.J
. 131-165 Mark Carter, “Corporal punishment and prosecutorial discretion in Canada”, (2004) 12 International Journal of Children’s Rights 41-70
Anne McGillivray, “Child Physical Assault: Law, Equality and Intervention” (2004) 30 Man.L. J. 133-169
R Brian Howe, “Do Parents Have Fundamental Rights?” (2001) 36:3 Journal of Canadian Studies 61
Mosoff, Judith and Isabel Grant, “Upholding Corporal Punishment: For Whose Benefit?” (2005) 31 Man.L.J. 177-199 Trocme, Nico, Joan Durrant, Ron Ensom, and Inder Marwah, “Physical abuse of children
in the context of punishment” www.cecw-cepb.ca
Turner, Susan M., Something to Cry About: An Argument against Corporal Punishment of Children in Canada (Waterloo, Ont: Wilfred Laurier University Press, 2002) 215-36 (Reserve)
8
OCTOBER 18: CHILDREN’S PARTICIPATION IN PARENTING DISPUTES IN
FAMILY LAW In this session we examine the issue of children’s participation in disputes between parents as to the allocation between them of decision-making responsibility for children and parenting time. Article 12 of the CRC provides:
1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity
of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
The Divorce Act, RSC 1985 c 3 (2
nd
Supp), s 16 and the The Children’s Law Act, 2020, SS 2020 C-8.2,
s 10 both make parenting arrangements dependent solely on an assessment of what is in the child/ren’s best interests. Both statutes require that courts consider “the child’s views and preferences, by giving due weight to the child’s age and maturity, unless they cannot be ascertained” (DA, s 16(3)(e); CLA 2020, s 10(3)(e)).
Questions to be considered in this session include: should children have a say in parenting disputes both at settlement and adjudication stages? Should their input depend upon their age or an individualized assessment of cognitive abilities or maturity? Should it depend upon the degree of conflict between the parties and their ability to act in their children’s best interests (eg see BC Family Law Act
, SBC 2011 c 25, s 203)? How best should their views be solicited? Should children have a right to state-funded legal counsel? How much weight should their views receive, especially where domestic violence and/or ‘parental alienation’ is alleged? Children’s wishes are typically obtained in Saskatchewan through interviews with social workers who file Voices of the Children Reports. Having children testify in open court is generally discouraged because judges do not wish to place children in the “middle of the dispute” or subject them to cross-examination. Under The Public Guardian and Trustee Act,
SS 1983 c P-36.3, a court may direct legal representation for a child in proceedings under The Child and Family Services Act
if “satisfied that the interests or views of the child would not otherwise be adequately represented” s 6.3(2). The Public Guardian and Trustee also has the power to appoint counsel for children, s 6.3(4), (9). Should counsel likewise be provided by the state for children in parenting disputes under The Children’s Law Act, 2020
?
Review the following cases: 9
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1.
Separate interviews with judges have traditionally been frowned upon, particularly where the litigants have no record of the interview. Read *
Haberman v Haberman 2011 SKQB 415 (Excerpts on Canvas). Do you agree with the judge’s approach to obtaining the child’s views in this case? What would you have done differently, if anything?
2.
Read *
MLS v NED 2017 SKQB 183 (Excerpts on Canvas). Should the children in this case have been forced to attend reunification therapy? Were their views given adequate weight?
3.
How should courts respond to children’s wishes in the context of family violence?
4.
The Children (Scotland) Act 2020
creates an assumption that all children are capable of providing their views and must be given an opportunity to express their
views in a way that they prefer. View the animated videos at *Power UP/Power Down and Everyday Heroes; https://womensaid.scot/project/power-up-power-
down/
Do you agree with the approach espoused in the last video?
Recorded Lecture and Overhead on Children’s Wishes, Spousal Violence and Resist and Refuse Dynamics in Parenting Disputes Optional Readings:
Implementing Children’s Participation Rights in Family Law and Child Welfare Court Proceedings
Literature Review at https://www.fredacentre.com/wp-content/uploads/RCYFREDAFinalLiteratureReview261
12020.pdf
Fiona Morrison, E Kay M Tisdall, and Jane EM Callaghan, “Manipulation and Domestic Abuse in Contested Contact – Threats to Children’s Participation Rights” (2020) 58:2 Family Court Review 403-416
Claire Houston, "Case Comment: Undermining Children's Rights in AM v CH" 39 Canadian Family Law Quarterly 99
Linda C Neilson,
Responding to Domestic Violence in Family Law, Civil Protection & Child Protection Cases (
2017 CanLIIDocs 2)
OCTOBER 25 THE CHILD PROTECTION SYSTEM The child welfare or protection system is responsible for the apprehension and removal of
children from the care of their parents or guardians, see The Child and Family Services 10
Act,
S.S. 1989-90 c. 7.2 at https://publications.saskatchewan.ca/#/home
. Officers are under a duty to offer family services where children are believed to be “in need of protection” (s 14). A worker or peace officer may also remove and place a child in state care where they are in need of protection and seen to be “at risk of incurring serious harm” and where no other arrangements are practicable (s 17(1)). Children who are “apprehended” may be returned to their parents under supervision orders, placed on a temporary or long term basis (often in foster care) or, if made permanent wards of the state, placed for adoption. They may also be placed in the care of other persons of sufficient interest.
The readings in this section canvas the statutory basis of child welfare and the evolution of the child welfare system in Canada. The Saskatchewan Child and Family Services Act (CFSA) provides that its purpose is to “promote the well-being of children in need of
protection by offering, wherever appropriate, services that are designed to
maintain, support and preserve the family in the least disruptive manner” (s 3). The tension between protecting children’s interests and preserving the family is problematic in a number of different ways but particularly so for Indigenous children given the impacts of racism, colonialism, residential schools, cultural difference, and the claims to self-governance by First Nations. Indigenous children are more likely to experience chronic poverty and residential insecurity and more likely to be placed in out of home care as a result of neglect, not physical or sexual abuse. Children of racialized and immigrant parents, of poor and working class and single parents, and of parents living with physical or mental disabilities have also been more vulnerable to state removal and their families subject to greater scrutiny due to a greater dependence on social assistance, among other social services. According to Hester Lessard, child protection systems reflect the outcomes of a broader tension in society between a “commitment to a privatized model of responsibility for individual need and the systemic
nature of need” (2001, 769).
As of June 30, 2021, there were 3,718 children in care in Saskatchewan and 2, 187 children placed by court order under the CFSA in the custody of a designated Person of Sufficient Interest caregiver. Both of these types of placements have been increasing over
the past five years, see https://www.saskatchewan.ca/residents/family-and-social-
support/putting-children-first
.
See also statistics on child deaths and critical injuries in the Saskatchewan Advocate for Children and Youth, Annual Report 2020, 43-48, (reviewed supra
) and online at https://www.saskadvocate.ca/sites/default/files/u11/SACY_2020_Annual_Report.pdf
. Readings:
Phil Fontaine, A knock on the door: The Essential History of Residential Schools, Introduction,
at 3-8 (Winnipeg: University of Manitoba Press, 2016) (Ebook)
11
Recorded Lecture and Overhead on the Child Protection System
Saskatchewan (Minister of Social Services) v E.K.S.
1996 CanLII 7131 paras 39-48 Catholic CAS of Metropolitan Toronto v M(C) [1994] 2 SCR 165
at paras 1-5, 30-44
For the Good of our Children and Youth: A New Vision, A New Direction, Report of the Saskatchewan Child Welfare Review Panel, 2010, Executive Summary at http://saskchildwelfarereview.ca/CWR-panel-report.pdf
. *Judith Mosoff, Isabel Grant, Susan B Boyd and Ruben Lindy, “Intersecting Challenges: Mothers and Child Protection Law in BC” (2017) 50 UBC L Rev 435.
*Nova Scotia v CKZ .
,
2016 NSCA 61
, leave denied [2016] SCCA No 439 at paras 31-
49, 103 Optional Readings:
Matt James, Review of Truth and Reconciliation Commission of Canada. "A Knock at the Door: The Essential History of Residential Schools from the Truth and Reconciliation
Commission of Canada."
American Indian Culture and Research Journal
41:1 (2017): 115-117.
Nova Scotia (Community Services) v. V.A.H
.,
2019 NSCA 72
Fraser Mustard Institute for Child Development, University of Toronto, Child Welfare and Pandemics: Literature Scan
, 2020 online at https://cwrp.ca/sites/default/files/publications/Child%20Welfare%20and%20Pandemics
%20Literature%20Scan_2020_0.pdf
Re S.F.
[2009] S.J. No. 650, 2009 SKCA 121
Syll Apps
Secure Treatment Centre v. B.D.
, 2007 S.C.C. Bala, Nicholas, Hornick and Vogle, Canadian Child Welfare Law
, 2d ed. (Thompson Educational Publishing: 2004) Guggenheim, Martin. “Child Protection, Foster Care and Termination of Parental Rights” in What’s Wrong with Children’s Rights (Boston: Harvard University Press, 2005) 174-181, 192-212
Lessard, Hester, “The Empire of the Lone Mother: Parental Rights, Child Welfare Law, and State Restructuring” (2001) 39 Osgoode Hall Law Jnl 717 at 725-758
12
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Lessard, Hester, “Liberty Rights, the Family and Constitutional Politics” Constitutional Forum
Swift, Karen & Henry Parada. 2004. “Child Welfare Reform: Protecting Children or Policing the Poor?” Journal of Law and Social Policy
19: 1-17
Saskatchewan Children’s Advocate Office, Children and Youth in Care Review: Listen to their Voices, April 2000 www.saskcao.ca
NOVEMBER 1 (or November 2 4:30 to 6 pm): INDIGENOUS CHILD WELFARE
Guests: TBA
Readings: *LEx Conversations, Interview with Cindy Blackstock
by Bob Westrope, 2020 online at https://voiced.ca/podcast_episode_post/lex-conversations-cindy-blackstock/
OR Cindy Blackstock, Bringing Justice to Indigenous Communities 2016 at https://www.youtube.com/watch?v=TKV3_6fQJkI
First Nations Child and Family Caring Society of Canada, Models for First Nations Child
and Family Service Delivery in Canada, August 2019 at https://fncaringsociety.com/sites/default/files/models_for_fn_cfs_service_delivery_info_s
heet_2019_0.pdf
Truth and Reconciliation Commission, Final Report: Calls to Action at 1, online: http://caid.ca/TRCFinCal2015.pdf
Missing and Murdered Indigenous Women: Final Report, Calls for Justice
, 24-26 online at https://www.mmiwg-ffada.ca/final-report/
*
First Nations Child and Family Caring Society of Canada v. Canada (Minister of Indian
Affairs and Northern Development 2016 CHRT 2, paras 1-11, 306-427.
An Act respecting First Nation, Inuit and Metis Children, Youth and Families SC 2019 c 24 online at https://www.parl.ca/DocumentViewer/en/42-1/bill/C-92/royal-assent
*
Cowessess First Nation Miyo Pimatisowin Act at https://www.cowessessfn.com/wp-
content/uploads/2021/01/Cowessess-First-Nation-Miyo-Pimatisowin-Act.pdf
[Compare these provisions to those in The Child and Family Services Act
]
13
Optional Readings
:
Christiane Guay, Naiomi Metallic, Hadley Friedland, “Quebec’s Misguided Challenge to Federal Indigenous Child Welfare Law” January 23, 2020 online at https://blogs.dal.ca/dlj/2020/01/23/quebecs-misguided-challenge-to-federal-indigenous-
child-welfare-law/
Indigenous Services, July 7, 2020, “The Assembly of First Nations and Canada Sign a Historic Protocol Agreement to Advance the Transfer of Child and Family Services to First Nations” online at https://www.canada.ca/en/indigenous-services-canada/news/2020/07/the-assembly-of-
first-nations-and-canada-sign-a-historic-protocol-agreement-to-advance-the-transfer-of-
child-and-family-services-to-first-nations.html
Alanis Obamasowin, We Can’t Make the Same Mistake Twice documentary film online at: https://www.nfb.ca/film/we_can_t_make_the_same_mistake_twice/
Canadian Council of Child and Youth Advocates, Aboriginal Children Canada Must Do Better: Today and Tomorrow (a Special Report submitted to the UN Committee on the Rights of the Child) 2011 online at http://www.rcybc.ca/Images/PDFs/Reports/CCCYA_UN_Report-FINAL%20oct
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at pages 26-29
Blackstock, Cindy and Nico Trocme, “Community-Based Child Welfare for Aboriginal Children (in Canada): Supporting Resilience Through Structural Change” (2005) Social Policy Journal of New Zealand 12-33
Friesen, Joe. The Ballad of Danny Wolfe: Life of a Modern Outlaw (Toronto: McLelland & Stewart, 2016) 5-21
Monture-Angus, Patricia, “A Vicious Circle: Child Welfare and the First Nations” in Thunder in my Soul: A Mohawk Woman Speaks (Halifax: Fernwood Publishing, 1995) 191-215 (Reserve)
McKenzie, Brad and Pete Hudson, “Native Children, Child Welfare, and the Colonization of Native People” in The Challenge of Child Welfare
, ed. Kenneth L. Levitt and Brian Wharf (Vancouver: U.B.C. Press, 1985) 125-141 (Reserve)
Grier, Emily. “Aboriginal Children in Limbo: A Comment on Re R.T.
” (2005) 68 (2) Sask. Law Rev. 435-453 Thistle, Jessie, From the Ashes: My Story of Being Metis, Homeless and Finding my way Victor, Wenona, Alternative Dispute Resolution (ADR) in Aboriginal Contexts: A Critical Review (Canadian Human Rights Commission, 2007)
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McCaslin, Wanda, Justice as Healing Indigenous Ways: Writings on Community Peacemaking and Restorative Justice from the Native Law Centre (St. Paul, Minnesota: Living Justice Press, 2005)
The “Baby Andy” Report: An Examination of Services Provided to Baby Andy and His Family
(Sask. Department of Community Resources and Employment, July 2003) and at http://www.dcre.gov.sk.ca/mediaroom/pdfs/
Kline, Marlee. 1993. “Complicating the Ideology of Motherhood: Child Welfare Law and
First Nation Women.” Queen’s Law Journal
18: 306-342.
McGillivray, Anne, “Therapies of Freedom: The Colonization of Aboriginal Childhood” in McGillivray, Anne, ed., Governing Childhood (Aldershot: Darmouth, 1997) 135-199, reserve
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