Case Study on Canadian Foundation For Children, Youth and the Law v. Canada
. Case Brief a. Style of Cause Canadian Foundation For Children, Youth and the Law v. Canada b. Procedural History This is an appeal to the Supreme Court of Canada from a decision of the Ontario Court of Appeal, which affirmed decision from the Ontario Superior Court of Justice. c. Facts The Canadian Foundation for Children, Youth and the Law was funded by the Court Challenges Program in order to challenge Section 43 of the Criminal Code, based upon the constitutional argument that it infringes a child's equality rights under Section 15 of the Canadian Charter of Rights and Freedoms. In 1998, the Canadian Foundation for Children, Youth and the Law commenced an application in the Ontario Superior Court, as a public interest litigant for a declaration that Section 43 of the Criminal Code is unconstitutional. The primary basis for the challenge was the legal argument that the defence infringes the child's right to equal benefit and protection of the law under Section 15 of the Charter, and that the child's right to security of the person under Section 7 of the Charter. Reliance was also placed upon Canada's obligations under the U.N. Convention on the Rights of the Child. A coalition of groups filed an application to intervene in the matter, in support of the Foundations application at the Ontario Superior Court. The Canadian Teachers' Federation was granted intervenor
Domestic violence
I INTRODUCTION Effective implementation of family law reforms relies on the capacity of family lawyers to identify, respond and intervene in family violence appropriately.1 Family lawyers often act as victims' advocates in civil proceedings and family mediations,2 or neutral mediators in family mediations.3 This paper canvasses how appropriate training can redress problems in the current family dispute resolution model, and as a result minimize the impact of family violence. II SOCIAL JUSTICE SERVED BY OUR CURRENT MEDIATION AND LITIGATION MODELS Mediation has gained its popularity in general family dispute resolution in recent years4 for its potential to reduce disputants from enduring the almost unavoidable heavy financial and emotional costs of court proceedings.5 Nevertheless, in cases involving family violence the public are skeptical about the suitability of mediation.6 Legislature has also recognized the inappropriateness of mediation in such cases by exempting parties from mandatory mediation for a parenting dispute.7 However, most of the criticisms against using mediation in cases involving family violence can be equally applied to a traditional litigation.8 Family lawyers should also recognize that there are many cases in which civil remedies, such as protection orders, are ineffective. A study found that in cases which have caused deaths, a protection order as
Family law.
As Lynn Wardle states in "Fundamental Principles of Family Law in the U.S", 'Family law is that branch of law consisting of the substantive and procedural rules that regulate the creation, ongoing relations, termination and post-termination consequence of family relationships'1. Her definition of family law is germane to the overall procedural aspect of this branch of law, but as society has progressed it is actually the basic term 'family' that has come to require further analysis as to its proper definition. In the following investigation, I will explore the definition of family that is most appropriate for the law to adopt and elaborate on whether it is possible to embrace a definition of family that commands support in today's society. What constitutes a family in contemporary society is sometimes regarded as a 'vague or trick question'2 due to the ever expanding array of de facto familial forms that have been accepted as constituting family life. Whether it is a marital relationship or a cohabiting couple, such diversity in family definition has in some opinions raised questions 'about the types of relationships that Scottish law should recognise as family relationships that are worthy of protection and promotion'3. In Peter Duckworth's article he compares the family to a 'proverbial elephant', 'easy to recognise but difficult to define'4 and this idea is
Birth control has become a booming topic of debate in the United States due to the decreasing age at which children are having sex for the first time and how schools are choosing to deal with it, the added pressure that is being placed on young children
Becca Robinson Professor Carl F. Miller 6 December 2011 EN 101 Do They Have a Say? In an ideal world, there would be no war, no hungry kids, and eleven year olds would not be having sex, but, there is, there are, and they do. Ideal is seldom reality and adjustments have to be made to fit the world that is. Nothing is ever going to satisfy everyone and people are going to argue about birth control until they are blue in the face. The birth control explosion has pushed the issue of adolescent intercourse, front and center, into the spotlight of the world, exactly where it should be, after taking a backseat to similar topics such as abortion and gay marriage, for years. Birth control has become a booming topic of debate in the United States due to the decreasing age at which children are having sex for the first time and how schools are choosing to deal with it, the added pressure that is being placed on young children about the consequences of having sex, and failing sexual education in public schools. No matter how innocent some people want to believe middle school children are, the truth is those girls and boys, aged eleven, twelve, thirteen, and fourteen years old are hooking up, performing oral sex, having intercourse, etc. Not everyone is, but his or her friends or classmates may be. "One [youth in eight] is sexually experienced, having engaged in intercourse, oral
Discuss, with reference to statutory provision and relevant case law, the extent to which, if at all, the courts achieve an effective balance between the right of the child to enjoy contact and the concerns (legitimate or otherwise) of the carer parent.
(a) Discuss, with reference to statutory provision and relevant case law, the extent to which, if at all, the courts achieve an effective balance between the right of the child to enjoy contact and the concerns (legitimate or otherwise) of the carer parent. An integral aspect of children's rights is their right of enjoyment of contact. Contact encompasses many forms but predominantly employed in practice by the court are direct contact and indirect contact, the former means children spend time with their non-resident parent, whilst the latter allows the non resident parent or carer to be able to send letters and receive response from their children, but no face to face meetings take place. Whilst the courts are supportive of a child's right to contact they tend to experience difficulties in contact disputes to balance this with the concerns of the carer parent. The concerns of the carer parent vary, but primarily are based upon the welfare of their child as parents are concerned that if contact is allowed their child may suffer psychical or mental harm and thus that contact would have a detrimental effect on their child's development and upbringing. This difficulty is due to the fact that courts feel that contact is in favour of children in order to fully promote their development, but they also are apprehensive with regards to parental concerns. To some extent the courts
Discuss and explain: a) How same-sex relationships have come to be increasingly recognised under English law; and b) Whether, in your view, the position is now satisfactory.
It is necessary to look at the progression of case law when looking at same-sex couples and their relationships being recognised under English law. The two significant cases are that of Fitzpatrick v Sterling Housing Association1 and Mendoza v Ghaidan2. The majority of the House of Lords in Fitzpatrick held that for the purposes of the Rent Act 1977 the definition of 'family' included a same-sex partner of a deceased tenant. The Court recognized that a same-sex relationship can embody essential familial characteristics signifying that evolving social conditions enlarged the number of people who qualified as belonging to the same family under the legislation. This position was further developed in Mendoza where the House of Lords upheld the right of a man to succeed to the tenancy of his deceased same-sex partner as if he had been the husband or wife of the deceased. This position was reasoned by the Rent Act 1977 being held to amount to a violation of Article 8 ECHR read in conjunction with Article 14 ECHR. This case led to the changing of the Rent Act 1977 to include same-sex partners. It is possible to identify a journey that several countries have already taken in response to same-sex couples. First, the law removes criminal offences outlawing same-sex activity. Secondly, the law grants same-sex couples an increasing set of rights. Thirdly, a status equivalent to
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'Over the last 50 years, the way that the courts have defined family has changed dramatically. Following the criteria that the House of Lords set out in Fitzpatrick v Sterling Housing Association [2001] 1 A.C. 27, Polyamorous units and "families of choice
'Over the last 50 years, the way that the courts have defined family has changed dramatically. Following the criteria that the House of Lords set out in Fitzpatrick v Sterling Housing Association [2001] 1 A.C. 27, Polyamorous units and "families of choice" should now be legally recognised Critically discuss. In the last fifty years the courts definition of family has changed significantly. This process has been slow and progressive in nature, evolving from a restrictive narrow definition of family, to recognition of diversity within the family arena. Thus Fitzpatrick v Sterling Housing Association 1 was herald a successful expansion to the definitional boundary of family membership, by formulating a 'functional judicial interpretation'2 for the purposes of the Rent Act 1977. Through this the courts took into consideration the position of a same sex couple and reasonably constituted them as family. However, if now we were to apply the criteria set by the House of Lords in the above case to consider whether "families of choice" i.e. self identified network grouping of friends and lovers3, 'polyamorous units' 'all forms of multi- partner relationships'4 should now be legally recognised, undoubtedly it would prove to be a contentious issue for the courts, since they are still embedded on the notion of the traditional 'Nuclear' family5 and have only recently legally recognised
How far are concepts of the separation of powers and the Rule of law, demonstrated or challenged by recent decisions of the courts since 1990?
How far are concepts of the separation of powers and the Rule of law, demonstrated or challenged by recent decisions of the courts since 1990? The Rule of Law and separation of powers are principles that underlie the British constitution. The British constitution is concerned with the powers and the role of the institution and the state, and with the relationship between citizen and the state. This essay will reflect how far the concepts of the separation of powers and the rule of law is demonstrated or challenged by recent decisions of the courts since 1990. The Rule of Law is a subjective theory and one that holds many personal values of interpretation. It is based upon philosophical and political theories. The Rule of Law can be seen as protecting individuals' rights to ensure government powers. Rule of Law is concerned with imposing minimum standards to conduct of behaviours. Where laws do not rule, there is no constitution. This concept is challenging as there are many interpretations by different people, and this makes the understanding of the doctrine difficult to underpin. The concept of separation of powers is an important doctrine which generates allocation of powers. This concept together with Rule of Law and sovereignty parliamentary is embedded throughout the British constitution. Separation of powers has contributed an important role in the constitution as it
Explain and assess the role of mediation in the legal resolution of family breakdown
Student ID: 316553 December 2002 FAMILY LAW: ASSESSED ESSAY #3 EXPLAIN AND ASSESS THE ROLE OF MEDIATION IN THE LEGAL RESOLUTION OF FAMILY BREAKDOWN WORD COUNT: 1,649 Introduction - what is mediation? The process of divorce is often lengthy, sometimes expensive and usually (as a result of a fault-based divorce system) confrontational. Mediation, an optional part of this process, is designed to enable couples to obtain a divorce order under their own terms, hopefully with minimal anxiety. It is defined by the Government White Paper on divorce reform as a procedure 'in which an impartial third person, the mediator, assists couples considering separation or divorce to meet together to deal with the arrangements which need to be made for the future'1. Its aim is not to persuade a couple to rescue a marriage, rather to assist the parties in deciding how to approach the future2. Alternatives to mediation: A choice for divorcing couples currently exists between mediation and negotiation between lawyers. In the Divorce White Paper3, the Government states most separating couples will need to obtain legal advice at some point, for example in relation to their own legal rights and obligations and for the preparation of necessary divorce papers. Further to this, a small percentage of cases are settled in the courts, but this is a 'safety net'. The courts are the 'ultimate
Family law and religion
One of the most important means of transmitting religious beliefs and values, and of sustaining a religious culture, is through the family. This problem question encompasses the problems parents, children and the courts face when religious upbringing is concerned. In this particular case, we will see how one parent wants to bring the kid up following the Islamic traditions while the other parent 'had long ceased to practice her faith'. When the relationship between parents of a child breaks down and the parents decide to live separately, a number of decisions have to be taken. The parents will have to decide with whom the child shall have his or her main residence and the amount of contact the child will have with the non residential parent. Parents are encouraged to resolve such questions themselves, perhaps with the aid of a neutral third party. Where these issues cannot be settled by the parents, the court may impose a decision through court orders. In reaching any decision on residence or contact, the court has as its guiding principle, the best interests of the child. The welfare approach or best interests finds its latest expression in the Children Act 1989 and section 1(1) of this Act provides that when the court determines any question with respect to the upbringing of a child, the child's welfare shall be the paramount consideration. In deciding with whom the