- Footnote 215
Child, Youth and Family Enhancement Act, RSA 2000, c C-12, s. 44(9)(b)(v), s. 44(9)(c)-(d):
s. 44(9) If the Court makes a secure services order, it shall…
(b) provide the child, the child’s guardian and the child’s lawyer, if any, with a copy of the order and a written statement showing
(v) that the child may be represented by a lawyer at any application to the Court
(c) provide the child with a written statement showing the address and telephone number of the Child and Youth Advocate, and
(d) provide the child’s guardian with a written statement showing the address and telephone number of the nearest office of the Legal Aid Society.
Return to footnote 215 referrer
- Footnote 216
Ibid., s. 112(1)-(3) (note: Part 1, Division 4 is with respect to a secure services order):
112(1) If an application is made for a supervision order, a private guardianship order or a temporary or permanent guardianship order, or a child is the subject of a supervision order or a temporary or permanent guardianship order or a permanent guardianship agreement, and the child is not represented by a lawyer in a proceeding under Part 1, Division 3, 4 or 5, the Court may direct that the child be represented by a lawyer if
(a) the child, the guardian of the child or a director requests the Court to do so, and
(b) the Court is satisfied that the interests or views of the child would not be otherwise adequately represented.
(2) If the Court directs that a child be represented by a lawyer pursuant to subsection (1),
(a) it shall refer the child to the Child and Youth Advocate.
(b) repealed 2008 c31 s50.
(3) If a referral is made under subsection (2), the Child and Youth Advocate shall appoint or cause to be appointed a lawyer to represent the child.
Return to footnote 216 referrer
- Footnote 217
Ibid., s. 112(4): If a referral is made under subsection (2), the Court may make an order directing that the costs of the lawyer be paid by the child, the guardian of the child or a director or apportioned among all or any of them, having regard to the means of the child and the guardian.
Return to footnote 217 referrer
- Footnote 218
No but see FN 219 and 220 regarding the mandatory representation of a child by a lawyer.
Return to footnote 218 referrer
- Footnote 219
Child and Family Services Act, RSO 1990, c C.11, s. 124(6):
124 (6) The administrator shall ensure that within twenty-four hours after a child is admitted to a secure treatment program under subsection (2),
(a) the child is given written notice of his or her right to a review under subsection (9); and
(b) the Provincial Advocate for Children and Youth and the Children’s Lawyer are given notice of the admission.
(7) The Provincial Advocate for Children and Youth shall ensure that forthwith after the notice is received a person who is not employed by the secure treatment facility explains to the child his or her right to a review in language suitable for the child’s level of understanding.
Children’s Lawyer to ensure child represented
(8) The Children’s Lawyer shall represent the child at the earliest possible opportunity and in any event within five days after receiving a notice under subsection (6) unless the Children’s Lawyer is satisfied that another person will provide legal representation for the child within that time.
Return to footnote 219 referrer
- Footnote 220
Ibid., s. 114(6):
Part VI: Extraordinary Measures
Commitment to Secure Treatment
114. (1) Any one of the following persons may, with the administrator’s written consent, apply to the court for an order for the child’s commitment to a secure treatment program:
Legal representation of child
(6) Where an application is made under subsection (1) in respect of a child who does not have legal representation, the court shall, as soon as practicable and in any event before the hearing of the application, direct that legal representation be provided for the child.
Return to footnote 220 referrer
- Footnote 221
Legal representation is mandatory. See FN 219-220.
Return to footnote 221 referrer
- Footnote 222
Children and Family Services Act, SNS 1990, c 5, s. 55(2)(d):
55(2) A secure-treatment certificate shall be in the form prescribed by the regulations and shall include
(d) a statement that the child may be represented by counsel at any hearing, including the address and telephone number of the nearest legal-aid office.
Return to footnote 222 referrer