”In my respectful view all children in Canada have legal rights to be heard in all matters affecting them, including custody cases. Decisions should not be made without ensuring that those legal rights have been considered. These legal rights are based on the United Nations Convention on the Rights of the Child, (“the Convention”), and Canadian domestic law.” Madam Justice D. Martinson, YKSC B.J.G. v. D.L.G., 2010 YKSC 44
On November 24, 2011, Bill 16, The Family Law Act of British Columbia, received Royal Assent and was legislated into Parliament.
Bill 16 allows children and youth to have their views considered in a Family Court and further promotes the best interests of the child as paramount in all matters concerning the child.
Currently, Bill 16 is written law, and it shall remain so – words on paper – unless we do everything in our respective power to ensure it’s implementation in Family Court, in the Legal Community, the Law Enforcement Community and in all environments where Child and Youth Rights should be a consideration.
As Her Ladyship states above, “Decisions should not be made without ensuring that those legal rights have been considered.”