The other issue raised by JCY v JG is how children can access ILA. Just because children have a right to ILA does not mean they are able to access it. There is no legal aid available for kids wanting ILA. We have one clinic for children in the province. /1 https://twitter.com/BrockBJones/status/1308804833969942528
Rights are illusory if rights holders cannot exercise those rights. Although at the centre of family law and child welfare, children are ironically often invisible, particularly when they do not have standing or formal legal representation through the OCL. /2
Certainly, no one - lawyers for parents, judges - are telling children they can consult a lawyer. It's great that we got this statement about children's rights in this decision, but we need some structural adjustments to ensure that these rights are not merely academic.
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