UNIVERSITY OF TORONTO FACULTY LAW of I 5 n in25 li2 L4 il0 U"! '61 iX0 1 6 7 *1 Children and the Law 3 Winter 2011 Volume III Professor Carol Rogerson Faculty of Law, University of Toronto These materials are based in part on those compiled by L. Ferguson for Children and the Law, University of Alberta, Faculty of Law, Fall 2005. Not to be considered as published. For the sole educational use of students at the Faculty of Law, University of Toronto UNIVERSITY OF TORONTO FACULTY LAW of Children and the Law Winter 2011 Volume III Professor Carol Rogerson Faculty of Law, University of Toronto These materials are based in part on those compiled by L. Ferguson for Children and the Law, University of Alberta, Faculty of Law, Fall 2005. Not to be considered as published. For the sole educational use of students at the Faculty of Law, University of Toronto Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/childrenlaw03roge_3 657 Table of Contents WEEK NINE: CHILD PROTECTION III 660 9.1 Race and Culture in Child Placement Decisions 661 Convention on the Rights of the Child, Articles 2, 8, 20, 29 and 30 661 Child and Family Services Act 662 John Eekelaar, “Children Between Cultures” 668 Racine v. Woods (also sub nom R. (A.N.) v. W. (L.J.) 680 H. (D.) v. M. (H.) 686 D.H. v. H.M. 691 Van de Perre v. Edwards 693 Tae Mee Park, “In the Best Interests of the Aboriginal Child” 694 S. (S.M.) v. A. (J.P.) 705 T. (R.) (Re) 711 Algonquins of Pikwakanagan First Nation v. Children's Aid Society of Toronto 715 Wabaseemoong Independent First Nation v. Anishinaabe Abinoojii Family Services 717 Nunavut (Director of Child & Family Services) v. K. (H.) 724 Children: The Silenced Citizens: Effective Implementation of Canada’s International Obligations with Respect to the Rights of Children , Chapter 16, “Aboriginal Children” [footnotes omitted] 732 A Canadian haven for black U.S. babies 737 Karen Balcom and Karen Dubinsky “Babies across borders” 739 Twila Perry, “Transracial Adoption Controversy: An Analysis of Discourse and Subordination” 741 Barbara Bennett Woodhouse "Are You My Mother: Conceptualizing Children’s Identity Rights in Transracial Adoptions” 746 WEEK TEN: MINOR’S RIGHTS AND MEDICAL DECISION-MAKING 759 10.1 Overview 760 Convention on the Rights of the Child, Preamble, Articles 1, 5, 6, 12, 24 760 Child and Family Services Act 761 Health Care Consent Act 762 Medical Consent of Minors Act 766 Joan Gilmore, “Children, Adolescents, and Health Care” 767 10.2 Adolescence and Decision-Making 783 Convention on the Rights of the Child [provisions related to autonomy and participation rights] 783 Age of Majority and Accountability Act 784 Child and Family Services Act 784 Marriage Act 785 Education Act 786 Youth Criminal Justice Act 786 David Archard, “Children’s Rights” 787 Gary B. Melton, “Toward ‘Personhood’ for Adolescents” 787 Elizabeth Scott, N. D. Repucci, & Jennifer Woolard, “Evaluating Adolescent Decisionmaking in Legal Contexts” 791 Gillick v. West Norfolk and Wisbech Area Health Authority 794 Jane Fortin, Children’s Rights and the Developing Law 797 10.3 Mature Minors and Critical Medical Treatment 806 Re L.D.K.; Children’s Aid Society of Metropolitan Toronto v. K. and K. 806 T. D. D. (Re) 810 Arthur Schafer, “Who decides for the child? As in the Tyrell Dueck case, even loving parents sometimes behave in ways that require state intervention” 813 658 B.H. (Next friend of) v. Alberta (Director of Child Welfare) 815 “Teen forced to have blood transfusions called prisoner” 825 “Teen wins fight to refuse blood transfusions” 826 Manitoba (Director of Child and Family Services) v. A.C. 827 WEEK ELEVEN: CHILDREN, ADOLESCENTS AND SEXUALITY 842 11.1 Introduction 843 Statistics Canada, The Daily, “Study: Teen sexual behaviour and condom use” 843 Statistics Canada, “Early sexual intercourse, condom use and sexually transmitted diseases” 843 CBC News, “Teens view oral sex as safer choice: study” 845 “Teen pregnancy rates lowest yet, study finds; Better informed, but not any less sexually active” 846 Christine Piper, “Historical Constructions of Childhood Innocence: Removing Sexuality” 849 Convention on the Rights of the Child, Articles 17, 19, 33, 34, 35, 36, and 37 856 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography 857 Children The Silenced Citizens: Effective Implementation of Canada’s International Obligations with Respect to the Rights of Children, “Chapter 15, Article 2—Sexual Orientation” 862 Criminal Code, Sections 150, 150.1, 151, 152, 153, 159, 170, 171, 172, 272.3 865 11.2 Age of Consent 870 Marilyn Pilon, “Canada’s Legal Age of Consent to Sexual Activity” 870 R. v. M. (C.) 874 EGALE’s submission on Age of Consent to the Department of Justice Canada 879 Department of Justice, “Frequently Asked Questions: Age of Consent to Sexual Activity” 883 House of Commons Debates, Second Reading of Bill C-22 885 “New sexual consent law may confuse teens” 890 11.3 Child Prostitution 892 Criminal Code, Section 212 892 Augustine Brannigan and Erin Gibbs Van Brunschot, “Juvenile Prostitution and Street Kids: Challenges for Protection Workers and the Justice System” 893 Protection of Children Involved in Prostitution Act 899 Jennifer Koshan, “Alberta (Dis)Advantage: The Protection of Children Involved in Prostitution Act and the Equality Rights of Young Women” 906 Augustine Brannigan and Erin Gibbs Van Brunschot, “Juvenile Prostitution and Street Kids: Challenges for Protection Workers and the Justice System” 915 Rescuing Children from Sexual Exploitation Act, 2002 918 R. v. Swan 924 WEEK TWELVE: ADULT CHILDREN AND CHILD SUPPORT; THE FUTURE OF CHILDREN’S RIGHTS 931 12.1 Child Support and “Adult” Children 932 Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) 932 Family Law Act, R.S.O. 1990, C. F-3 932 Federal Child Support Guidelines 932 Cristin Schmitz, “Lawyers debate injecting "fault" into adult child support” 933 Moore-Orlowski v. Johnston 936 Webb v. Strople 941 Warner v. Warner 944 12.2 Children and the Law: Moving Forward 948 659 Children The Silenced Citizens: Effective Implementation of Canada’s International Obligations with Respect to the Rights of Children 948 Martin Guggenheim, What’s Wrong with Children’s Rights?, 956 David Archard, Children: Rights and Childhood, 960 Martha Minow and Mary Lyndon Shanley, “Relational Rights and Responsibilities: Revisioning the Family in Liberal Political Theory and Law” 968 Martha Minow, “Children’s Rights: Where We’ve Been, and Where We’re Going” 974 ■* ■ . ■