This collection of essays addresses some of the most important and challenging issues related to the legal status of children, and the volume makes an important contribution to the growing but still small Canadian literature on children’s rights. These essays are being published together to honour the scholarship of Nicholas Bala, professor of law at Queen’s University whose contribution to our understanding of the law as it relates to children and youth in Canada is unequalled.
CONTENTS Preface Introduction: Paradoxes of Children’s Rights Nicholas Bala Part One 1 The Children’s Trilogy: The Best Interests of the Child Principle and the Principles of Fundamental Justice Mark Carter 2 Children’s Rights and Health Law: The “Mature Minor” Rule Revisited Gerald B. Robertson, QC 3 Nowhere to Stand: Correction by Force in the Supreme Court of Canada Anne McGillivray 4 The Child Witness Project: Examining the Assessment of the Competence of Child Witnesses Victoria Talwar, Rod Lindsay, and Kang Lee 5 Factors Influencing the Eyewitness Identification Accuracy of Child Witnesses Natalie Kalmet, Rod Lindsay, Michelle I. Bertrand, and Jamal K. Mansour Part Two 6 The Changing Face of Youth Corrections Carla Cesaroni 7 The Last Chance Sanction in Youth Court: The Deferred Custody and Supervision Order Peter J. Carrington and Julian V. Roberts 8 The Youth Criminal Defence Office: A Model Approach to the Right to Counsel Cathy Lane Goodfellow, QC 9 Understanding the Principled Arguments for Criminalizing Misbehaviour by Youths under Twelve Anthony N. Doob and Jane B. Sprott Part Three 10 Judicial Interviews of Children in Custody and Access Cases Dan L. Goldberg 11 Speaking for Themselves: A Pilot Program Balancing Children’s Rights and Best Interests in High-Conflict Families Dale Hensley, QC and Jean Dunbar 12 An Evaluation of Alberta’s Family Law Act Leslie D. MacRae, Shane D. Simpson, Joanne J. Paetsch, Lorne D. Bertrand, Sheryl Pearson, and Joseph P. Hornick 13 No Presumptions: Joint Custody in the British Columbia Court of Appeal Susan B. Boyd |