Search

Canada's laws regarding children and families can be examined on the basis of the balance they strike among the rights and obligations of the child, the family, and the state. In the past, the legislation and policies have traditionally adopted what may be called a paternalistic and reactive stance towards ensuring the well-being of Canadian children. The emphasis has been on apportioning power over children between parental figures and the state, on the weighing of family (parental) autonomy versus state intrusion into the family. Government intervention has generally followed a residual or safety net model, in which the authorities react to rescue or protect children, and only after specified problems have occurred in the families. A shift does, however, appear to be beginning in the field of child and family law. The earlier focus on parental and state rights is now being tempered with a growing concern for the rights of the children themselves, a movement which may lead to laws and policies that are more proactive or preventive in character. Following a brief description of the historical context for current child and family law in Canada, this paper outlines the important principles which underly the legislation and which reflect the continuing attempt to balance con attempted balance: first the field of "child protection," and second the field of what used to be termed "juvenile delinquents" but which is now referred to as "young offenders." The paper closes with an indication of future directions for the shifting balance of the child's, the family's, and the state's riots within the process of seeking the welfare of Canada's children. [ABSTRACT FROM AUTHOR]

The state's responsibility for the care of children in need of protection has been acknowledged for some time now. Most jurisdictions have set out in law the obligations and procedures by which the state is to apprehend children who are abandoned, deserted, neglected or otherwise mistreated. In North America, for example, shortly before the turn of the century, U.S. and Canadian laws provided for the apprehension of children who require protection. Over the decades these laws have been mended continually in response to increasing evidence of mistreatment of children at the hands of their guardians. In more recent times, however, the reports of mistreatment by natural guardians have been joined by allegations of improper procedures and neglect of the apprehended children at the hands of the very authorities charged with their protection. The response to these reports of misconduct has taken many forms, including the establishment of citizen advocacy groups and ombudsmen, self-monitoring by state and private agencies and court appointed guardians. The province of Alberta in Canada has taken an innovative self-monitoring approach, through the appointment of a Children's Guardian. The Children's Guardian, established in law, assumes responsibility as the legal guardian of all children who are the wards of the state. The Children's Guardian must make decisions for, monitor the care and treatment of, and advocate on behalf of these children. The Alberta approach, which has been untried heretofore, is fraught with a number of legal and administrative problems. This paper seeks to describe the inchoate efforts of the province of Alberta, through the appointment of the Children's Guardian, to better ensure that children taken under care by the state are protected and given proper care and attention. [ABSTRACT FROM AUTHOR]