Volume 7, Number 1, 1988
Articles
- Taking Children and Facts Seriously: Evidence Law in Child Protection Proceedings - Part I - D.A. Rollie Thompson
Note: Part II of this article appears in v.7, n.2 of this Journal.
This article's thesis is that evidence law in child protection proceedings represent an unstable compromise between an amalgam of elements - from the criminal, civil and administrative law fields - which are unique to family law. The procedural structure and substantive law that governs child protection proceedings are outlined, then the principal evidence issues that arise in these cases are canvassed. In conclusion, the author suggests possible procedural and substantive changes in the law which may serve to establish a more comfortable equilibrium and greater uniformity in the resolution of evidence issues in these cases.
- Division of Pensions Under the Ontario Family Law Act: A Comment on Marsham v. Marsham and Humphreys v. Humphreys - Neil Campbell
The article deals with the valuation and division of pensions under Ontario's new Family Law Act. Two contrasting approaches have emerged in case law: a "lump sum" method for distributing pensions and a portion held in trust to be distributed "if and when" benefits are received. The writer explores the difficulties inherent in each approach, and suggests that legislative reform such as taxation of the non-employee spouse's share directly in his hands and statutory provisions for division entitlements by plan administrators is desirable.
- The Prices of Rights and Responsibilities: An Examination of the Impacts of the Young Offenders Act in British Columbia - Raymond R. Corrado and Alan Markwart
The article describes and explains differences in police and court processes and sentencing practices under the Juvenile Delinquents Act and the Young Offenders Act in British Columbia. The authors present data indicating various undesirable effects of the Y.O.A. in B.C.: utilisation of greater police authority in some areas of police practice, an increase in the total number of young offenders under pre-dispositional surveillance, case backlog attributable to increased court time used, case delay arising from the due process provisions, and a greater reliance on incarceration as a dispositional sanction.
- The Power of Social Workers: A Comparative Analysis of Child Protection Legislation - Susan Burak
This article examines the extent of power granted to mental health professionals by the B.C. Family and Child Service Act to determine whether the exercise of statutory authority may have detrimental effects on the individuals it seeks to protect. The author includes a comparative analysis of the child protection legislation of Alberta, Ontario and British Columbia and concludes that the B.C. statute is highly interventionist and in need of reform. The writer suggests four directions that statutory reform could take: a concept of reasonableness could be built into the determination of a child needful of protection, a provision included for emergency and non-emergency apprehension, a team of experts created to deal with apprehensions and various types of mediation proceedings instituted.
Comments
- Is there a Borowski Case After the Morgentaler Decision? - Sheilah L. Martin
- An Examination of Certain "Pro-Choice" Abortion Arguments: Permanent Concerns about a "Temporary" Problem - Ian T. Benson
- R. v. Morgentaler: Access to Abortion and Section 7 of the Charter - David MacAlister
- The Non Human Child - Sheila Grant
Review of Periodical Literature
- Donald N. Duquette and Sarah H. Ramsey: "Representation of Children in Child Abuse and Neglect Cases: An Empirical Look at What Constitutes Effective Representation" (1987) 20 U. of Michigan Journal of Law Reform - Linda Dear
- Vincent S. Nadile: "Promoting the Integrity of Foster Family Relationships: Needed Statutory Protections for Foster Parents" (1987) 62 Notre Dame L.R. - Doug Bertz
- J.R. Spencer: "Child-Witnesses and Video Technology: Thoughts for the Home Office" (1987) 1 Journal of Criminal Law - Ron Pelletier
- Jenae R. Bunyak: "Battered Wives Who Kill: Civil Liability and the Admissibility of Battered Women's Syndrome Testimony" (1986) 4 Law and Inequality Journal - Marco Riedemann
- David Thompson: "A Consideration of the Mental Capacity Provisions of the Marriage Act in View of the Charter of Rights and Freedoms and Webb v. Webb" (1987) 9 Canaadian Community Law Journal - Murielle Parent
- Janet Gallagher: "Prenatal Invasions and Interventions: What's Wrong with Fetal Rights" (1987) 10 Harvard Women's L.J. - Patricia Houlihan
Book Reviews
- Julien D. Payne, Spousal Property Rights Under the Ontario Family Law Act. (Toronto: Butterworths, 1987) - Myles F. McLellan LL.B
- David A. Klein, Family Law Awards in Canada.(Toronto: Butterworths, 1987) - Gerald Lecovin