Lexis Nexis Childhood and the Law in Canada – The Family/State Relationship
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Product description
Childhood and the Law in Canada – The Family/State Relationship offers a series of case studies in family law and the treatment of children in care, schools, and other social institutions. The book places legal disputes in historical context. This clarifies the social significance of each case, and helps the reader engage with the competing claims put forward by the parties. We learn what the courts held, examine their reasoning, and follow the consequences of landmark decisions for contemporary Canadian institutions and social relationships.
The book advances our understanding of foundational legal concepts and current political issues, such as 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, and the role of the courts in Canada’s response to the harms caused by Indian Residential Schools.
Table of contents
Prologue: Why Study Cases?
Chapter 1: E. v. Eve, (1986) SCC: Parens Patriae, Eugenics and the Best Interests of Dependents
Chapter 2: Van de Perre v. Edwards (2001) SCC: Custody, Support, Racial Socialization and the Best Interests of the Child
Chapter 3: Ellis v. Wentzell-Ellis, (2010) ONCA: International Law, Custodial Rights and High-Conflict Families
Chapter 4: Canadian Foundation v. Canada, (2004) SCC: Corporal Punishment, Parental Rights and Children’s Equality Under the Law
Chapter 5: R. v. Kaija, (2007) ONCA: Sex Crime, Children’s Evidence and the Duty to Report
Chapter 6: Blackwater v. Plint (2005) SCC: Indian Residential Schools, Liability Law and Cultural Loss
Epilogue: What Have We Learned?
Table of Cases
