Child apprehension: policy and process.

• Date: 01 January 2009
• Author: Bowal, Peter

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Children, due to their vulnerability, enjoy a privileged place in the law. There is no other subset of the population that benefits from as many protections.

They are not held responsible for most contracts they enter into. The employment of children is closely regulated. They are essentially judgment-proof for most civil wrongs which they commit. They cannot be charged with a criminal offence until age 12 and then they may not face the full brunt of penal sanctions until they are 18 years old. As a matter of right, children are entitled to a legal aid lawyer when they are charged with criminal offences, regardless of family ability to pay. On the other hand, adults who abandon, abuse or otherwise endanger children face strict sentences and their access to legal aid is rationed.

In the family relationship, the "best interests of the child" is the paramount standard for custody, access and financial support decisions when the parents separate. Professionals such as teachers and physicians are mandated to report suspicions of abuse or neglect to the authorities. Provinces operate "Departments of Child Services." Child advocates and government lawyers independently represent children in family disputes.

Even spanking is legally regulated now. Children can be ordered to undergo medical treatment that runs contrary to the judgment and religious beliefs of the parents. Children may have rights to unlock records about their parentage and birth, over-ruling the preferences of adult relatives. Much public debate swirls around emerging rights to health care, education, safe houses, and relief from poverty.

There are many statutes to protect children. In Alberta alone, in addition to the general protections of human rights and minimum legal duties for all persons, we have the following list of legislation, the primary purpose of which is the welfare and protection of children:

* Drug-Endangered Children Act

* Protection Against Family Violence Act

* Extra-Provincial Enforcement of Custody Orders Act

* Family Day Act

* Public Trustee Act

* International Child Abduction Act

* Maintenance Enforcement Act

* Age of Majority Act

* Child Care Licensing Act

* Protection of Children Abusing Drugs Act

* Child, Youth and Family Enhancement Act

* Protection of Sexually Exploited Children Act

* Family and Community Support Services Act

* Family Law Act

* Family Support for Children with Disabilities Act

* Maternal Tort Liability Act

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