Children and the Law

Essays in Honour of Professor Nicholas Bala


This collection of essays addresses some of the most important and challenging issues related to the legal status of children, and the volume makes an important contribution to the growing but still small Canadian literature on children’s rights. These essays are being published together to honour the scholarship of Nicholas Bala, professor of law at Queen’s University whose contribution to our understanding of the law as it relates to children and youth in Canada is unequalled.

Table of Contents


Introduction: Paradoxes of Children’s Rights
Nicholas Bala

Part One

1     The Children’s Trilogy: The Best Interests of the Child Principle and the Principles of Fundamental Justice
Mark Carter

2     Children’s Rights and Health Law: The “Mature Minor” Rule Revisited
Gerald B. Robertson, QC

3     Nowhere to Stand: Correction by Force in the Supreme Court of Canada
Anne McGillivray

4     The Child Witness Project: Examining the Assessment of the Competence of Child Witnesses
Victoria Talwar, Rod Lindsay, and Kang Lee

5     Factors Influencing the Eyewitness Identification Accuracy of Child Witnesses
Natalie Kalmet, Rod Lindsay, Michelle I. Bertrand, and Jamal K. Mansour

Part Two

6     The Changing Face of Youth Corrections
Carla Cesaroni

7     The Last Chance Sanction in Youth Court: The Deferred Custody and Supervision Order
Peter J. Carrington and Julian V. Roberts

8     The Youth Criminal Defence Office: A Model Approach to the Right to Counsel
Cathy Lane Goodfellow, QC

9     Understanding the Principled Arguments for Criminalizing Misbehaviour by Youths under Twelve
Anthony N. Doob and Jane B. Sprott

Part Three

10   Judicial Interviews of Children in Custody and Access Cases
Dan L. Goldberg

11   Speaking for Themselves: A Pilot Program Balancing Children’s Rights and Best Interests in High-Conflict Families
Dale Hensley, QC and Jean Dunbar

12   An Evaluation of Alberta’s Family Law Act
Leslie D. MacRae, Shane D. Simpson, Joanne J. Paetsch, Lorne D. Bertrand, Sheryl Pearson, and Joseph P. Hornick

13   No Presumptions: Joint Custody in the British Columbia Court of Appeal
Susan B. Boyd

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