The David Asper Centre for Constitutional Rights at the Faculty of Law recently hosted a two-day conference on the Best Interests of the Child in collaboration with leading child rights organizations in Canada including the Canadian Coalition for the Rights of Children, UNICEF Canada, Justice for Children and Youth, and the International Bureau for Children's Rights.
With almost two hundred attendees, the conference generated a tremendous buzz in the children's advocacy community. The conference's focus was based on the principle of the best interests of the child, one of the basic principles of the United Nations Convention on the Rights of the Child, which as of 2009 is 20 years old. Canada is now scheduled to make its third report on its implementation in Canadian law and policy.
Organizers of the conference at the Faculty of Law are currently working on a formal report that will be presented to the federal government with the hope of influencing children's rights policy municipally, provincially and federally.
Cheryl Milne, Executive Director of the David Asper Centre for Constitutional Rights says that topics of the conference focused on such issues as where Canada is failing children, and where it's succeeding.
"One critical example of failure is the status of Aboriginal children in the child welfare system and a lack of support for parents with disabled children," she says. "The discussions that we held really pointed towards the need to advocate for a national federal children's commissioner of some kind, and the need for intensive assessments to be done at every level of government regarding policies that affect children."
There were also discussions and presentations made about best practices in Aboriginal child welfare policies from field workers in British Columbia. Milne says that in B.C, the most successful models of child welfare cases keep children in their communities with increased support.
"The B.C experience tells us that incorporating elements of the UN Convention on the best interests of the child really works. We have to study these models more comprehensively, continue to consult with children directly about their best interests and find out ways to do more in the way of collaborative law to make progress - instead of having children present in courtrooms," adds Milne. Another panel focused on the many ways that the voice of the child is being brought into custody and access determinations, both within and outside the courtroom.
Professor Carol Rogerson, one of the organizers, said that the conference raised hard questions about the issues facing children. "We realize that the 'best interests' principle can be misapplied or even badly applied, it can be quite vague. But it can also be a useful tool for improving the lives of children. One of the goals of the conference was put content into the principle." Rogerson added that "We also were delighted to hear from youth at the conference, and that solidified the message that we really do need children's and youth participation in the conversation about what is in their best interests."
The 'best interests' principle has traditionally been used as the test when individualized decisions are made about children, particularly regarding custody and access arrangements. Rogerson says that one of the exciting aspects of the conference was that if focused on how to implement the 'best interests' principle on a more systemic level, as a tool to analyze all laws and government policies in terms of their impact on children. An additional theme, which was the subject of one of the panels, was how the Canadian constitution both facilitates and hinders efforts to incorporate the 'best interests' principle and children's rights more broadly into the Canadian legal system.
The multi-disciplinary conference attracted professionals from fields such as social work, law, psychology, community advocacy groups, public service law organizations, and government officials. Despite the fact that there continue to be many disturbing reports about child welfare in the media, Cheryl Milne remains optimistic. She says the fact that so many leading experts came together to discuss the issues, and map out a comprehensive strategy for children is, in itself, an encouraging sign. The David Asper Centre for Constitutional Rights, she says, will continue to keep children's welfare and well-being in the public consciousness and on the radar of policy discussions in Canada.
Conference proceedings and recommendations are currently being transcribed and will be available publicly by May 2009. A formal report to government is being prepared in both official languages and will be available on-line as well as on the David Asper Centre web site.
