Children and the Law in Canada: The Shifting Balance of Children's, Parents' and the State's Rights.

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]