Volume 5, Number 2, 1986
Articles
- Social Worker Enforcement of Child Welfare Legislation: An Increasing Potential for Abuse of Power - Donald Poirier
The author discusses the dual role of the social worker as an agent of social control and as a "helper". In the context of the former the social worker enjoys great legal authoirty relative to parents when surrender of parental rights is sought. An analysis of provincial child welfare legislation is used to show a trend toward increased social worker control and away from the restraints of court involvement. There is a resulting potential for abuse of power which calls for a higher level of public concern.
- Children as Witnesses: Some Legal and Psychological Viewpoints - Heino Lilles
Any examination of the sufficiency of intelligence of a child to give competent testimony or of the child's appreciation of the moral obligation of speaking the truth in a crminal investigation must also explore the functional abilities of a child and the psychological aspects associated with giving reliable evidence. Piaget's theory of cognitive development of children and Kohlberg's theory of moral development are discussed in this article, in addition to other sociological and psychological findings that cast new light on the child's ability to testify in court. Substantial changes in the justice system will be necessary if our perception of the reliability of children's evidence in legal proceedings is to be improved.
- Domestic Violence: A Plethora of Problems and Precious Few Solutions - Alastair Bissett-Johnson
Domestic violence, whether directed at the child, the spouse, or the parent, has increasingly occupied public attention over the last few years. While we have become increasingly aware of the extent and endemic nature of the problem, we have taken few steps to deal comprehensively with intra-family abuse. The author provides an overview of the extent and types of domestic violence and critically examines state resposnes to date. As will be demonstrated, the responses by polic departments, social welfare agencies and the courts have been piecemeal, lacking the comprehensiveness necessary to deal effectively witheither victim or perpetrator.
- Sterilization of the Mentally Retarded Minor: The Re K. Case - Carol Anne Polowich Finch-Noyes
The author discusses the legal rights of the mentall reetarded in relation to a recent British Columbia case in which parents sought, and eventually received, a court order for the performance of a hysterectomy upon their retarded, ten-year-old daughter. Study of the case reveals that key issues - the legality of sterilization of the mentally retarded, the ability of third parties to consent on behalf of the retarded for such an operation, and the basis of the court's jurisdcition to authorise it - were not adequately considered by the trial and appellate courts. The author sureys the rights of the retarded under present statutes and common law, and concludes that federal and provincial legislation must be enacted to protect their rights.
- The Young Offenders Act: The Alberta Youth Court Experience in the First Year - Peter Gabor, Ian Greene and Peter McCormick
The authors analyse the results of interviews with the full-time Family and Youth Division Judges in Alberta in order to determine what effect the Young Offenders Act has had on Alberta's youth courts during the first year of the Act's existence. The authors find that most judges continue to be treatment-oriented, as they were under the Juvenile Delinquent's Act. However, the judges are concerned about the decreased quality of services for young offenders since the advent of the Y.O.A. The emphasis on the rights of young offenders in the Y.O.A. has not had a major impact on the courts, becuse the judges feel that rights were generally being respected under the J.D.A. Nevertheless, there has apparently been a significant increase in legal representation, which seems to present more advantages to lawyers than young offenders. Unless the justice system is able to respond to the major principles of the Y.O.A. in a more balanced way, some of the best features of the old system may be lost without corresponding gains from the new legislation.
Review of Periodical Literature
- Bertha Wilson: "Children: Casualties of a Failed Marriage" (1985) 19 UBC L.R. - Don P. Hall
- Judith P. Ryan: "Joint Custodyin Canada: Time for a Second Look" (1986) 49 R.F.L. (2d) - Jonathan Vogt
- Constance Backhouse: "Pure Patriarchy: Nineteenth-Century Canadian Marriage" (1986) 31(2) McGill L.J. - Jonathan Vogt
- C. James O'Neill: "Damages and the Unwanted Child" (1985) 5 Auckland L.R. - Don P. Hall
- Douglas E. Carroll: "Parental Liability for Preconception Negligence: Do Parents Owe a Legal Duty to their Potential Children?"(1986) 22 Cal. W.L.R. - Don P. Hall
- Leonard Pollock, Q.C.: "Matrimonial Reform: The Alberta Model" (1986) 49 R.F.L. (2d) - Jonathan Vogt
In The Family Courts
- Barbara Ross v. The Registrar of the Supreme Court - Family Division
- The Superintendent of Family and Child Service v. Christine Gilmour
- Rawluk v. Rawluk
- Price v. Price
- Queen v. Joseph Carlos A.
Casenotes and Comments
- The Effect of Religious Beliefs in Child Custody Disputes - Joseph Mucci
- Restricting Spousal Maintenance: Danger in its Indiscriminate Application - Anthony Merchant
Book Reviews
- Lenore Weitzman, The Divorce Revolution: The Unexpected Social and Economic Consequences for Women and Children in America (New York: Free Press, London: Collier MacMillan, 1985) - Mary Jane Mossman
- Marie E. Ferguson, ed., Carswell's Matrimonial Quantum and Custody Award Service (Toronto: Carswell, 1985) - Jeffrey A. Rose
- Christopher W. Moore, The Mediation Process: Practical Strategies for Resolving Conflict (San Francisco: Jossey-Bass Publishers, 1986) - Peggy English