Childhood and the Law in Canada – The Family/State Relationship

Childhood and the Law in Canada – The Family/State Relationship offers a series of six case studies in family law and the treatment of children in care, schools, and other social institutions. It advances the understanding of foundational legal concepts, current political issues and places legal disputes in historical context.

The content presented in this book helps to clarify the social and legal significance of each case, and helps the reader engage with the competing claims put forward by the parties, interveners and judges. Readers will learn what the courts held, examine their reasoning, and follow the consequences of landmark decisions for contemporary Canadian institutions and social relationships.

Topics Covered

• The doctrine of parens patriae
• The best interests of the child test
• The reproductive rights of the disabled
• The question of racial socialization in custody disputes
• The international system for returning children unlawfully separated from one parent by another
• The constitutional challenge to corporal punishment
• The development of a legal duty to report
• The history of children’s evidence in courts
• The use of the law of torts to address the mistreatment of children in care
• The role of the courts in Canada’s response to the harms caused by Indian Residential Schools

Who Should Read This Book

• Family law practitioners who seek to inform their work with an understanding of the social contexts that produced the major features of family law and child protection in Canada
• Non-specialist lawyers and government agencies (Children’s Aid, Legal Aid, Office of the Children’s Lawyer, Office of the Public Guardian) who need a survey of the case law, the statutory frameworks, and the doctrines of family law and child protection in Canada
• Social workers, family mediators, child protect workers, and support professionals working with the courts who seek to understand Canadian law in its social context
• Law libraries who need a reliable resource on children and the law for patrons
• Law schools and law students studying Canadian family law or child protection
• Historians of law and social policy studying children and families in Canada
• Children’s rights advocates who are trying to improve the relationships between children, families, and the state