The third edition of this desk reference is intended for those who work with children and allows readers to quickly find and identify important legal points, issues and consequences to consider during decision-making. Children's Law Handbook is organized and written in a style that facilitates ease of reading even for those individuals who have little or no legal background. Significant court cases that address the issues most relevant to effective practice have been carefully selected. The text begins with an in-depth, focused discussion of major legal issues followed by relevant constitutional issues, statutory considerations and case law. Legal citations are used to support and enhance the discussion of these issues. Legal references where indicated, are found on each page supporting the topics under discussion, thus enabling the reader to easily ascertain the legal sources of authority related to those particular topics.
Highlights of new developments and additions to this edition include:
Review of child protection legislation across Canada dealing with the issue of domestic violence
Updated and revised discussion of children giving evidence in court, including use of screens in cases involving child witnesses, ability of child to testify via closed-circuit television, children and victim impact statements, and new case law for child protection cases involving consideration of facts that might be judicially considered by court: Children's Aid Society of Toronto v. C. (J.) (2013, ONCJ); Children's Aid Society of Haldimand and Norfolk v. P. (K.) (2013, ONSC)
New section reviewing mechanisms for enforcing custody / access orders and alternative dispute resolution regarding custody and access
Charter rights and medical treatment orders in child protection proceedings, including issue of withdrawal of life support: Manitoba (Director of Child & Family Services) v. C. (A.) (2009, SCC); Children's Aid Society of Toronto v. P. (L.) (2010, ONCJ); Alberta (Director, Child, Youth and Family Enhancement Act) v. L. (D.) (2012, ABQB)
Review of 2012 amendments to the Youth Criminal Justice Act following the enactment of the Safe Streets and Communities Act (S.C. 2012, c. 1), including revisions to the purposes and principles of sentencing: R. v. A.A.Z. (2013, MBCA); R. v. S.N.J.S. (2013, BCCA); R. v. Z.R.K. (2013, MBCA)
Expanded section on cyber-bullying and discussion of recent case law: A.B. v. Bragg Communications Inc. (2012, SCC)
About the Authors:
Marvin A. Zuker is a Justice of the Ontario Court of Justice, appointed in 1978. Justice Zuker holds the rank of Associate Professor at OISE/UT where he has taught since 1982. Justice Zuker has written extensively in the areas of family law, civil practice and education law. He is the author of many articles in these fields and is the author and co-author of numerous books including Canadian Women and the Law and The Law is Not for Women with June Callwood, Children's Law Handbook, Second Edition with Randolph C. Hammond and Roderick C. Flynn (Carswell 2009), Education Law, 4th Edition with Anthony Brown (2007, Carswell), The Legal Context of Education (OISE Press), Ontario Small Claims Court Practice 2010 (Carswell), Consolidated Ontario Small Claims Court Statutes, Regulations and Rules 2009-2010 (Carswell). He is the Consulting Editor of Sexual Misconduct in Education, authored by Grant Bowers and Rena Knox (2003).
Lynn M. Kirwin has worked as a sole practitioner, exclusively in the area of family law. She was employed as in-house counsel at Catholic Children's Aid Society from 1990 to 2008. Ms. Kirwin is a co-author of Child Protection: Practice and Procedure and Child Protection Law in Canada.