Children's Rights & Divorce

Claire’s parents seem to be fighting a lot lately, and aren’t sleeping in the same room anymore. She thinks that her parents might be getting a divorce. 

Claire being 16 understands that this is for the better and in the long run will improve her family dynamics, but her younger sister Eli seems to be having a very hard time with what’s happening. Claire knows that if her parents do get a divorce, that she doesn’t want to have to pick who she stays with, she loves them both equally and wants to spend equal time with them. Eli on the other hand really clings to her mom and being only 6 years old doesn’t want to be separated from her.


http://blogs.psychcentral.com/wellness/2011/07/the-kids-are-alright-what-to-do-when-your-partner-is-ill/

What can Claire and Eli do about their situation, do they get a choice in who they stay with? Will both parents get custody? Who can Claire and Eli talk to if they have issues?

Under the Divorce Act, one or both parents may have custody of the children. See section 16 of the Divorce Act for the provisions of custody orders. Child custody issues are always determined with one primary goal in mind: to do what is in the best interest of the child.

In many divorce cases the children will not have to testify in court, nor will the judge want to speak privately with your children. Instead, the Court normally appoints a social worker or the Court may request to have the children be appointed a lawyer from the Office of the Children’s Lawyer to represent the children’s interests and to present the children’s interests to the judge. This does not happen in all cases, but when it does happen the children’s lawyer will present independent information to the court about the children’s views and preferences relating to the custody issues. Claire and her sister can speak to a social worker or the lawyer appointed to them about their concerns.

Types of Custody

There are four different types of child custody in Canada.

(1) Sole custody: one parent alone has custody of the child which means that the child lives with one parent most of the time. That parent (also referred to as the custodial parent) has the main responsibility for taking care of the child and making decisions about the child. However, the other parent has access to the child and the right to certain important information about the child such as medical information.

(2) Joint custody: both parents share custody of the child. Both parents will continue to share in making all the major decisions concerning the children (about discipline, school, major outings, holidays, etc.). If there is joint custody, many different living arrangements are possible. The children may live with each parent about the same amount of time or live mostly with one parent.

(3) Shared custody: both parents have joint custody of the child and each spends at least 40% of the time with their child. Also, both parents usually share the responsibility for making major decisions affecting the child.

(4) Split custody: When one parent has custody over some of the children while the other parent has custody over the others. Some of the children live with one parent most of the time, while the other children live with the other parent most of the time. This is a rare type of custody. Courts are quite hesitant to award custody in this manner as they don’t want to split up brothers and sister

For more information on the Office of the Children’s lawyer, check out their website: http://www.attorneygeneral.jus.gov.on.ca/english/family/ocl/

Some more online legal information on family law:
http://www.cleo.on.ca/english/pub/onpub/PDF/family/getdiv.pdf
http://www.cleo.on.ca/english/pub/onpub/PDF/family/custody.pdf

This blog scenario was written by Genevieve Pelow, a volunteer on JFCYs PLE team, who is grade 10. The legal content of this blog was written by Lauren Grossman, a first-year law student at the University of Toronto who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer.

The Legal Saga of Toronto’s Mayor: Rob Ford’s Conflict of Interest Case Explained

Rob Ford, Toronto’s controversial mayor, is currently involved in a legal battle that could result in him losing his job.

The legal saga began roughly three years ago in February of 2010, when Mr. Ford sent out donation requests for his football foundation to official city lobbyists using official city letterhead. Toronto’s integrity commissioner found that Mr. Ford’s actions violated city council’s code of conduct rules regarding the use of city staff and city resources. The violation occurred because Mr. Ford was using official city resources for a personal matter, which is generally not allowed. Mr. Ford was ordered to pay back the $3,150 donated to his football foundation.

http://news.nationalpost.com/2012/08/31/rob-ford-in-court/

Roughly two years later in February of 2012, Toronto’s city council had a change of heart and voted to overturn the order requiring Mr. Ford to pay back the money. Mr. Ford participated in this vote, without declaring he had a conflict of interest in the vote. A conflict of interest occurs when personal factors impact a decision (in this case, Mr. Ford’s vote). When someone has a conflict of interest, they are not able to fairly and objectively make a decision.

Shortly after the vote, a Toronto resident filed a conflict of interest lawsuit against Mr. Ford, claiming the mayor violated the Municipal Conflict of Interest Act. In November of 2012, Judge Charles Hackland ruled that Mr. Ford was guilty and should be removed from office as a result.

Mr. Ford immediately launched an appeal and is allowed to stay in office until the Ontario Court of Appeal (ONCA) has decided the appeal. If the ONCA agrees with the lower court’s decision, it looks as though Mr. Ford will be able to run in the next municipal election. The ONCA is supposed to release its decision early in 2013.

Stay tuned for an update on the fate of Toronto’s mayor!

 This blogpost was written by Brendan Stevens, a 2nd year law student at the University of Toronto. Brendan is a volunteer on the JFCY's PLE team. All legal content was reviewed by a JFCY lawyer. 

PLE Volunteer Spotlight: Georjo Tabucan

Profile written by fellow JFCY volunteer Arif Hussain.

Recently I had the opportunity to sit down and interview Mr. Georjo Tabucan about his volunteering experiences with the Public Legal Education Team here at JFCY thus far. Georjo comes from a diverse academic and professional background with a very keen interest in the field of law. Like some of our other volunteers, he also dreams of practicing law in the future and helping our community at large. Having interviewed Georjo I find that this article will be an excellent read for anyone interested in the field of law from any direction but especially for youth interested in volunteering or getting information regarding the practice of law from an earlier stage in life. So please enjoy everyone, happy read and happy new year!

Tell us a little bit about yourself, who you are and what you are doing at the moment?

I am currently in my 1st year at Ryerson University pursuing a B.Comm. in Law & Business. I previously majored in Legal Studies at the University of Waterloo for my first two years of undergrad but I felt that living at home and of course studying right in the heart of downtown Toronto would provide me with more flexibility and more opportunities to explore the area of law through volunteering. I am also able meet with and learn from a plethora of lawyers in Toronto, which was more difficult during my tenure at UW. At the moment, I am simply trying to discover which areas of the law I am most interested in, and how I plan to inspire and motivate others, which is one of my main goals in life. 

How did you hear about JFCY and get involved?

During the summer, I held a position with the Government of Ontario, Ministry of the Attorney General, and after my contract ended, I knew I wanted to continue my involvement with a legal organization at the start of the school year because the law is something I'm passionate about. So, in searching for a volunteer position, I came across JFCY on one of the Ryerson websites and I knew right then and there that it was the perfect organization that I wanted to volunteer with. My experience with JFCY so far has been amazing. 

What are your future plans in terms career choice and is the law a part of it?

I know I want to become a lawyer when I finish my undergraduate degree and complete my JD. Every morning, on my way to class, I observe all these successful lawyers in their suits on Bay Street walking to their respective law firms and I picture myself being just as successful as they are. When I'm not swamped with schoolwork, I like reading legislation and case law for fun...I guess it's sort of an obsession that I have. I am just so fascinated with the law and my motivation to learn about the law will never stop. 

You have been with JFCY for sometime now. Thus far, how do you find the work that the volunteers do here and do you think that PLE Team makes a difference?

The type of work that the volunteers contribute makes the PLE Team an essential committee of JFCY. We create meaningful videos and blog posts that each and every young person has access to. Not every child and youth is aware of their rights and it is crucial to spread the word and to start introducing them to what the law is and how they should conform to the rules and regulations implemented by our society in any way possible. Young people are our society's future, so teaching them about the law even at a young age is paramount if our Canadian population is to continue to live in harmony for generations to come. Digital media is without a doubt a powerful tool in instilling values to these young people and the volunteers on the PLE team are definitely making a difference in the lives of children and youth. 

How do you think the clinic overall benefits society at large?

Our society is comprised of a minor population of youth coming from low-income families who cannot afford legal representation during times of conflict. Organizations such as JFCY that offer free legal aid benefits our society, especially those low-income families, because without legal aid, there would be no justice and equity for our children and youth, which would therefore infringe children's fundamental rights. Every citizen of our nation ideally should have a right to legal counsel, and JFCY plays a huge role in our society by providing legal aid to our youth. 

What are your future plans with JFCY?

I would like to get more involved with JFCY because I honestly feel that children have a lot to learn that schools and parents may not teach them which the committee may be able to. Since the law is a complex subject and since not all children grow up with lawyers as parents or teachers holding degrees in law, there needs to be a way for children to at least know about what the purpose of the law is and why certain actions are accepted or prohibited. Personally, anything I can do to help further develop the committee's reputation and contribute to its continued success while making a difference in the community is what I am most looking forward to as a volunteer with JFCY. 

What would you like to say to any youth/adult (perhaps reading this) thinking of joining PLE Team?

To anyone interested in joining the PLE Team, I highly recommend that you apply because you'll be working with some amazing people, you'll be learning hands on about many areas of law, knowing that you're doing something to help shape the lives of children goes beyond a feeling of accomplishment. Volunteering with JFCY is truly unique and rewarding experience! 

This JFCY Volunteer Profile was written by fellow PLE volunteer Arif Hussain. To read more about Arif, check out a spotlight on him here: http://jfcy1.blogspot.ca/2012/12/volunteer-spotlight-arif-hussain.html

DUAL CITIZENSHIP

It is common knowledge that Canada is one of the most multicultural countries around the world. Proof of this multiculturalism can be seen by walking in any street of downtown Toronto at any time and noticing all of the people with different physical features who were born in another country or were born here in Canada, but their parents are from other countries.

This blog post shares some basic information about dual or multiple Citizenship and how it can have some important implications in our lives. It was written by JFCY PLE Team volunteer Lina Maria Sanchez.

SCENARIO

Ivan is 16 years old and was born in Ukraine when his parents, Vera and Dan, were there for some long vacations. His parents came back to Canada when he was one year of age. Last year, when the family decided to revisit Ivan`s birth country, they were shocked to learn that he was still considered to be a Ukrainian citizen and as a result, he was subject to military service. They also learned that Ukraine did not recognize dual citizenship.

Photo source: http://panthera9105.wordpress.com/%C2%BFque-es-microsoft-passport-network/

                                    

INFORMATION

What does dual citizenship mean?

If you have dual citizenship, it means that you are recognized as a citizen in more than one country.[1] Dual citizenship is the result of each independent nation being able to decide who to recognize as a citizen.[2] Dual citizenship means that being recognized as a citizen in one country does not prevent you from being recognized as a citizen in another country as well.

Canada has allowed dual citizenship since February 14, 1977.

Photo source: http://quadroframing.ca/passportphotos.html

                             

When will a person be recognized as a dual citizen?  

Individual countries have their own laws to establish the criteria for a person to become a citizen. These laws will usually include information on how to apply for citizenship and may even list certain situations where a person will automatically be treated as a citizen of the country without bringing a formal application. For example, if you were born in a particular country, it may mean that you are automatically treated as a citizen of that country depending on the laws of that country.[3]

In addition to birth in a country, here are some possible ways one may acquire citizenship:

-          an application is made by an individual for foreign citizenship

-          the individual has resided in a foreign country for an extended period of time

-          the individual has family in a foreign country

-          the individual is married to a citizen of the foreign country [4]

In Ivan`s situation, he may be a Ukrainian citizen because he was born In Ukraine Territory. Ivan may also be a Canadian citizen because his parents are Canadian citizens.

It is important to note that each country’s laws can either allow citizens to have dual citizenship or can take away the citizenship of anyone who obtains citizenship from another country.[5]

What kind of advantages does Ivan have because of his two nationalities?

• unrestricted travel with his parents (because he is under 18 years of age) between both of the countries
• more employment opportunities in the future given his ability to work in both countries
• access to a variety of social benefits and programs, such as education and health care, in both countries
• unrestricted residency with his parents (because he is under 18 years of age) in both countries
• a greater personal connection with both countries[6]

 What kind of disadvantages does Ivan have because of his two nationalities?

·        He may be subjected to the laws of either country in the same way as any other citizen even if he is not living there full-time.

• if he gets married in the future, his marriage may not be legally recognized in the other country (although, Canada does recognize foreign marriages as legally valid)
• in addition, if he gets divorced or obtains any child custody orders in the future, these court documents may not be recognized in the other country
• he may be forced to repay any educational costs to one of the countries where he may have attended school in that country or that country helped him pay for school elsewhere
• his citizenship in one country may not be recognized in the other country
• when he is older, he may be forced to pay taxes in both countries
• he may be required to register for military service in one or both of the countries[7]

For example, Ivan may be legally required to register for military service in Ukraine when he turns 18 years of age. This obligation may be enforced even if he is just visiting Ukraine and permanently resides in Canada. If he doesn’t comply with this requirement, he could face imprisonment or be forced to register for military service when he tries to leave Ukraine or when he comes back at some point in the future.[8] To avoid this kind of negative result, Ivan may decide he wants to permanently stay in Canada and can renounce his Ukrainian citizenship before the age he would be required to register for military service.

The following websites provide some useful information about dual citizenship:

Government of Canada, Travelling Abroad: http://travel.gc.ca/travelling/publications/dual-citizenship

Citizenship and Immigration Canada, Dual citizenship: http://www.cic.gc.ca/english/resources/publications/dual-citizenship.asp

This blog post was written by Lina Maria Sanchez, a lawyer in her native Columbia. Lina Maria is a volunteer member of the PLE Team.  Editing and citations were done by Emily Slinger, a law student intern at JFCY.

---

[1] http://travel.gc.ca/travelling/publications/dual-citizenship

[2] http://www.cic.gc.ca/english/resources/publications/dual-citizenship.asp

[3] http://travel.gc.ca/travelling/publications/dual-citizenship

[4] http://travel.gc.ca/travelling/publications/dual-citizenship

[5] http://www.cic.gc.ca/english/resources/publications/dual-citizenship.asp

[6] http://travel.gc.ca/travelling/publications/dual-citizenship

[7] http://travel.gc.ca/travelling/publications/dual-citizenship

[8] http://travel.gc.ca/travelling/publications/dual-citizenship

Year in Review: JFCY and the PLE Team!

Both JFCY and the PLE Team had a great year in 2012.

JFCY's work in 2012

JFCY lawyers assisted hundreds of young people this year with various legal issues, ranging from defending youth on charges under the Youth Criminal Justice Act, representing youth in family court in making claims for financial support, advocacy around entitlement to social benefits like Ontario Works, negotiations and defending youth facing school expulsions, representing youth victims of crime in applications to the Criminal Injuries Compensation Board, and many other types of cases.

In addition to direct representation at court and tribunals in the Toronto-area, JFCY lawyers also provided legal advice and brief services to young people across the province.

JFCY intervened in two important cases at the Supreme Court of Canada, including one about children's rights to appropriate special education supports.  To read more, check out our related blog post here.

JFCY lawyers also conducted legal education workshops and seminars for other lawyers, social workers, teachers, guidance counselors, front-line support workers, social service professionals and, of course, youth themselves.  These sessions focused on a variety of issues, from youth criminal justice to school education law and were conducted across the province, including as far away as Thunder Bay.

JFCY did all of this despite a small staff of only six people!  A special thanks to our dedicated crew: Mary (Acting Executive Director), Samira (intake lawyer), Andrea (litigation lawyer), Johanna (street youth legal services lawyer), Karien (office manager) and Marie (admin).

Finally, a VERY big thanks to JFCY's many volunteers, from our Board of Directors to our law student interns to our committees, including the PLE Team, featured below.  The work of our volunteers is crucial in allowing us to be able to fulfill our mandate, while keeping connected to the communities that we serve.

The Public Legal Education Team ("PLE Team")- 2012 Year in Review

Launched in the summer of 2010, the PLE Team has grown and improved in the past two years.  Led by our litigation lawyer, Andrea, and supported each academic year by a law student volunteer from U of T's PBSC program, the PLE Team is responsible for this blog, as well as JFCY's Facebook, YouTube and Twitter presence.  Additionally, the PLE Team regularly publishes print and online newsletters, zines and other special projects. To read the Bullying 'Zine that we published in 2012, click here.

2012 saw JFCY's blog stats increase significantly, thanks in large part to the consistent and high-level effort of the PLE Team volunteers, who include high school students, post-secondary students, law students, lawyers and others. To read our most popular blog post written in 2012, click here.

The YouTube subcommittee of the PLE Team produced and uploaded four videos in 2012, including topics such as Leaving Home and Fake ID.

Thanks to the 20+ active volunteer members of the PLE Team, including 8 high school students, our PBSC law student voluntreers Leora Jackson (2011/12) and Lauren Grossman (2012/13), our YouTube coordinators Arif Hussain and Bianca Thomas and our video editor Terence Chen (a grade 12 student who was recognized as JFCY's Volunteer of the Year at our 2012 AGM.)

  


The PLE Team in 2013?

Around the corner in 2013, stay tuned for a new YouTube video on school expulsions.  We are also in the process of creating an interactive game that will be used at JFCY workhsops.  The Youth Action Committee members of the PLE Team have several plans up their sleeve, including some awareness raising initiatives and events to help encourage young people from diverse backgrounds to consider future careers in law. We are looking forward to another fun and successful year of PLE in 2013.