Legal Foundations
What branch of government creates statutes?
The Legislative branch
In New Brunswick, who is the legal guardian of children in care?
The Minister of Social Development.
What law governs youth criminal justice in Canada?
The Youth Criminal Justice Act (YCJA).
Is there a constitutional right to health care in Canada?
No.
What is the name of the statute that governs how schools operate in New Brunswick?
The Education Act.
What is the Rule of Law?
The principle that everyone is equally subject to the law, and it must be applied fairly.
What must be the primary consideration in all decisions made according to New Brunswick's Child and Youth Well-Being Act
The best interests of the child.
What treaty is referenced in the Preamble to the YCJA?
The United Nations Convention on the Rights of the Child.
Name any health-related right found in the UNCRC
Examples: the highest attainable standard of health; access to healthcare services, nutritious food, clean water, and a safe living environment; maximum survival and development; protection from all forms of physical or mental violence, injury, abuse, or neglect; the right to rest; rehabilitation, etc.
What age does a student have to be in order to appeal their suspension in a NB school?
19 (or living independently of parents, so potentially 16).
What’s the difference between human rights (as per the UN) and legal rights in Canada?
Human rights are moral principles that may not be enforceable in court; legal rights are enforceable and written in domestic law.
What can happen to "a professional person" who does not report that a child's well-being is in danger?
They can be prosecuted.
What principle was affirmed in R. v. D.B.?
Youth have diminished moral culpability due to developmental differences.
Can a 16-year-old in New Brunswick refuse to allow their personal health information to be disclosed to their parent?
Yes
What does it mean that a school can claim "undue hardship" to justify not providing a particular accomodation to a student?
The requested accommodation would impose a disproportionate or excessive burden on the school, considering factors like cost, health and safety, or disruption to the educational environment.
What kind of law is the Canadian Charter of Rights and Freedoms?
Constitutional law
What was the name of the NB Advocate's report on the child welfare system?
Through Their Eyes
What was the "reverse onus" at issue in R. v. D.B.?
The onus placed on the young person to justify why they should not be prosecuted as an adult.
What was the name of the Supreme Court case that addressed a minor's ability to refuse a blood transfusion?
A.C. v. Manitoba
How does the metaphor of a "ramp" to describe disability accomodation apply to education?
In the SCC case Moore, the metaphor of a "ramp" is used to describe the concept of "reasonable accommodation" for students with disabilities to access education. The "ramp" represents supportive measures. Various "access to education" supports are the equivalent of access to a building with a physical ramp.
How does international human rights law become enforceable in Canada?
It must be incorporated into domestic law to become justiciable.
For what legal reason might an Indigenous child in NB receive lesser services than a non-Indigenous child in NB?
For Indigenous children, child welfare is "federal jurisdisction" and federally not provincially funded.
What Charter rights were discussed in R. v. D.B.?
Sections 7 and 15—
life, liberty, and security of the person;
equality under the law.
What is the name of the statute that allows someone at the age of 16 to make medical decisions as if they were an adult?
The Medical Consent of Minors Act
What human rights issues were raised in the Malcolm Ross education case?
Conflict between religious discrimination and freedom of expression.