NCJ Number
61001
Journal
Child Abuse and Neglect, the International Journal Volume: 3 Issue: 2 Dated: SPECIAL ISSUE PART 2 (1979) Pages: 623-632
Date Published
1979
Length
10 pages
Annotation
THE LEGISLATIVE RESPONSE TO THE PROBLEM OF CHILD ABUSE IN ONTARIO, CANADA, IS ADDRESSED IN THIS ARTICLE WHICH STATES THAT LEGAL ACTION IS COMPLICATED DUE TO THE PROVINCE'S CONSTITUTIONAL DIVISION OF POWERS.
Abstract
IN ONTARIO, CRIMINAL LAW FALLS WITHIN THE EXCLUSIVE JURISDICTION OF THE FEDERAL GOVERNMENT WHICH ENACTS THE CRIMINAL CODE; SOCIAL WELFARE LEGISLATION FOR THE PROTECTION OF CHILDREN, ON THE OTHER HAND, IS REGARDED AS A MATTER OF CIVIL RIGHTS WITHIN THE PROVINCE. INFLICTION OF PHYSICAL HARM AGAINST CHILDREN IS NOT GIVEN SPECIFIC RECOGNITION IN THE CRIMINAL CODE, ALTHOUGH THE CODE DOES AIM AT CERTAIN OMISSIONS AFFECTING CHILDREN. THE MOST COMPREHENSIVE PIECE OF LEGISLATION FOR THE PROTECTION AND CARE OF CHILDREN IS THE CHILDREN'S PROTECTION ACT WHICH INTRODUCED SEVERAL IMPORTANT CONCEPTS WHICH HAVE BEEN PRESERVED IN MODERN LEGISLATION, INCLUDING RECOGNIZING THE CHILDREN'S AID SOCIETY AS THE PRIMARY SOCIAL WELFARE AGENCY FOR PROVIDING SERVICES TO CHILDREN. THE ACT UNDERWENT MAJOR REVISIONS IN 1965. TWO NOTABLE CONCEPTS OF THIS REVISION WERE CROWN WARDSHIP (UNDER THIS A JUDGE CAN ORDER THAT A CHILD IN NEED OF PROTECTION BE MADE A WARD OF THE CROWN) AND A REQUIREMENT TO ENCOURAGE SUSPECTED CHILD ABUSE AND NEGLECT REPORTING. THE ACT ALSO CONTAINS SPECIAL POWERS FOR THE APPREHENSION OF CHILDREN SUSPECTED OF BEING IN NEED OF PROTECTION. RECENT LEGISLATIVE PROPOSALS, INCLUDING ENHANCED REPORTING REQUIREMENTS, CHILD ABUSE REGISTRY, AND SEPARATE LEGAL REPRESENTATION OF CHILDREN, ARE DISCUSSED. NOTES AND REFERENCES ARE APPENDED. (MJW)