Volume 4, Number 2, 1983
Articles
- Eliminating Role Confusion in the Child's Lawyer: The Ontario Experience - George M. Thomson
Recent attempts to introduce representation for children illustrate the difficulties facing a lawyer who has not resolved the rationale for providing a child with a lawyer and the role that the lawyer ought to adopt. Whether the lawyer's role is viewed as that of an advocate or an amicus curiae will influence the position taken in determining if the child's preference or best interests are of first importance. Clinical legal education is essential in preparing a lawyer for representing children.
- Implementing Unified Family Courts: The British Columbian Experience - John and Lorraine Waterhouse
The British Columbia Royal Commission on Family and Children's Law recommended the implementation of a unified family court pilot project in 1974. Family advocates and counsellors famliar with conciliation techniques were introduced into the court system, and their experience, although not uniformly positive, led to proporsals for an extended unified family court system. Political and economic changes and a recent Supreme Court of Canada decision have endangered this reforming effort, but evidence from other jurisdictions supports greater use of non-adversarial approaches in family law.
- The Rise and Fall of the Corroboratoin Rule in Sexual Offence Cases - Jeffrey G. Hoskins.
The corroboration rule, along with other special evidence rules that often work against victims of sexual offences, developed from the prejudiced assumptions of lawmakers. Public awareness of these rules and their consequences has led to changes that end discriminatory practices in sexual offence cases. Recent Criminal Code amendments and judicial reform of the common law provide the courts with an opportunity to ensure that the victim of a sexual offence is treated as fairly as any other witness in a trial.
Review of Periodical Literature
- Martha Bailey, "The Failure of Physicians to Report Child Abuse" (1982), 40 U.T. Fac. L.R. 49 - Catherine Morton
- Stephen Borins J., "Family Assessments in Custody and Acess Disputes Under the Children's Law Reform Act, 1977" (1982), 24 R.F.L. (2d) 90 - Pamela Stewart
- William F. Elkin, "Rethingking 'Bill 82': A Critical Examination of Mandatory Special Education Legislation in Ontario" (1982), 14 Ottawa L.R. 314 - Pamela Stewart
- P.R. Jewell, Q.C., "Assessment of Damages For Personal Injury and Death Under the Family Law Reform Act: Relevant Factors to Consider and Likely Awards" (1982), 26 R.F.L. (2d) 391 - Anu Rehtlane
- Margaret A. Somerville, "Reflections on Canadian Abortion Law: Evacuation and Destruction - Two Separate Issues" (1981), 31 U. of Toronto L.J. 1 - Barbara Davidson
- Lucinda Vandervort, "Equal Liability for Child Maintenance: The Income Tax Implications" (1983), 30 R.F.L. (2d) 315 - Penny Washington
- Martin Wasik, "Cumulative Provocations and Domestic Killing " (1982), Criminal Law Review 29 - Penny Washington
- Catherine Williams, "Step-Parent Adoptions and the Best Interests of Children in Ontario" (1982), 32 U. of Toronto L.J. 214 - Catherine Morton.
In The Family Courts
- The Queen, ex. rel. Gleneske v. Lips
- Director of Recovery and Maintenance v. Snow
- Rider v. The Director of Recovery and Maintenance
- Re Lorne M.
- Re D. G.
- Brisbois v. Brisbois
Casenotes
- "The Children's Act: A Consultation Paper" - Child Welfare Reform in Ontario? - Nicholas Bala
Book Reviews
- Winfred H. Holland, Unmarried Couples: Legal Aspects of Cohabitation (Toronto: Carswell, 1982). - Donald J. MacDougall