• If you are reviewing legislation or developing a policy or program that provides for the removal of a person (including a child) from a family unit by a public authority, you will need to carefully consider ss. 7, 13 and 17 of the Charter. You should seek to ensure that a removal of a person from a family unit is not arbitrary or unlawful.
  • Where the policy or legislation involves children, consider whether it adequately takes into account the best interests of the child as a paramount consideration.
  • Where legislation provides for children to be subject to differential treatment compared to adults (for example, where an Act expressly excludes children from its operation), examine the purpose of the provision. Ensure that the provisions are to protect the child and do not interfere with children’s rights under the Charter.
  • Ensure that processes that will have a significant impact on children and families are fair and transparent and that there is scope within the processes for a child’s interests to be represented.