When families break down, Canadian courts are often charged with the difficult and unenviable task of determining custodial and access arrangements in the “best interests” of an affected child. Ontario’s Child and Family Services Act, R.S.O. 1990, c. C.11, provides a number of relevant factors to be considered in making such determinations, one of which [...]

The SCC’s recent decision in A.C. v. Manitoba, 2009 SCC 30, further makes clear that where children’s self-determination rights under the Charter are concerned, age limits to activate those rights are at least in some cases constitutionally valid. Unfortunately, that is about all it makes clear: A.C. is a decision that avoids confrontation with any [...]