HOW TO MAKE LEGAL PROCEEDINGS IN CANADA MORE CHILD FRIENDLY?

Abstract

Children in Canada and around the world are taking increasingly active roles in advocating for their own human rights and those of others. Children and youth in Canada face significant barriers to justice, however, as demonstrated by judicial responses to recent climate change litigation initiated on behalf of young people. However, courts are not the only way to defend human rights. This article reviews existing non-judicial structures and processes in Canada that offer venues for children to act as human rights defenders. This research involves documentary and legal research and a questionnaire to human rights commissions and tribunals, advocate and ombudsman offices, and international human rights mechanisms. The questionnaire focused on understanding how children and youth in Canada can access these institutions to defend their human rights. The authors focus on four principles to draw out good practices and shortcomings in the various institutions: availability of mechanisms, children’s access and participation, child-sensitive procedures, and communication with children. The objective of this article generally is to outline potential pathways for improving access to justice for children in Canada.