Duty to provide.

• Author: Mitchell, Teresa
• Position: Bench Press - Child and Family Services Act - Brief article

A 17-year-old youth in Nunavut has successfully challenged the provisions of the territory's Child and Family Services Act. He was a permanent ward of the Director of Child and Family Services. He alleged that the Act discriminated against youth between the ages of 16 and 18 in terms of the services that must be provided for them. These services are at the discretion of the Director and are mostly limited to counseling. Justice Beverley Browne ruled that the age distinction in the Act between a child of 16 and one of 17 is arbitrary, noting that it would be extremely unlikely that a 17-year-old could enter into a rental agreement and find affordable housing. She wrote, "... in circumstances where there is no legal parent, the Director must take on the responsibilities of...