Access to Justice for Children 2020: Best Interests of the Child

Course Chairs
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
The Honourable Donna J. Martinson, QC — Retired Justice of the Supreme Court of BC, Vancouver
Suzanne S. Williams — Brown Henderson Melbye, Victoria

About the Course Chairs
Halie (Kwanxwa’logwa) Bruce is a member of the Namgis/Kwa’kwa’kawakw Nation. Halie has 25 years of experience working with Indigenous communities. Before receiving her Bachelor of Laws degree from UBC, Halie was the Administrator and Policy Coordinator for the Union of BC Indian Chiefs and worked with Indigenous communities and governments from across BC, Canada and internationally, to explore traditional dispute resolution mechanisms with respect to various land, resource, social policy and internal community disputes, including in the area of Indigenous child welfare. Halie's practice includes family law, Indigenous laws and governance, fisheries, Aboriginal business law, and alternative dispute resolution services with respect for Indigenous laws and peacemaking protocols. Halie has acted as counsel for parents and grandparents in child protection matters and assisted with research and editing for the Wrapping Our Ways Around Them: Aboriginal Communities and the CFCSA Guidebook (2015). Halie devotes part of her practice to Indigenous restorative justice initiatives, including writing Gladue Reports for bail, sentencing and appeal courts in BC.

The Honourable Donna J. Martinson, QC was a judge for 21 years and now works on a volunteer basis as an Adjunct Professor at SFU School of Criminology, as a Research Associate at the Peter A. Allard Law School, Centre for Feminist Legal Studies. She is a member of the national CBA's Child and Youth Law Section and has spearheaded the development of the national CBA's online Child Rights Toolkit.

Donna became a Judge of the BC Provincial Court in 1991, the BC Supreme Court in 1998, and a Deputy Judge of the Yukon Supreme Court in 2005. Before that, she was full-time faculty at the UBC Law Faculty for two years, and practiced as Crown Counsel, criminal defence counsel, and family law lawyer in Calgary for 14 years. Donna started Calgary's first all-women law firm in 1981. She was appointed Queen's Counsel in Alberta in 1986 and in 1987 obtained her LLM from Cambridge University, England. She taught family law at the University of Calgary's Faculty of Law and criminal law at UBC's Faculty of Law.

In the mid-1990s, Donna co-chaired the social context education project for the National Judicial Institute in Ottawa, and chaired the Provincial Court's Gender Equality Committee. While a BC Supreme Court Judge, she chaired the Court's Family Law Committee. The then Chief Justice described her work as being instrumental in changing the way that Court approaches family law matters. She is a long-time member of the Federal Department of Justice Advisory Committee on Family Law and was appointed by the Chief Justice as BC's representative on the Canadian Network of Contact Judges, which deals with international and national child abduction cases.

Donna has written numerous family law decisions that have been referred to as ground breaking, and has been followed by courts across Canada and in other countries, including BJG v. DLG (2010 YKSC 44) and Hoole v. Hoole, 2008 BCSC 1248. In 2007, Donna received the University of Alberta's Distinguished Alumnae Award, in 2010 the Trial Lawyers of BC Bench Award, and in 2016 CBABC's Equality and Diversity Award. In January 2020, Pro Bono Students Canada, UBC Branch, named their new Access to Justice Awards after her for her work on equality and access to justice for women and children.

Suzanne Williams is a child rights and family law lawyer who has advocated for the rights of children for more than two decades. She has worked for Canada's Department of Justice, a large national law firm, and is the former Deputy and Legal Director of the International Institute for Child Rights and Development based at a University. She has collaborated extensively with young people and professionals, as well as organizations such as UNICEF, Plan International, Microsoft, the European Union, national governments and law enforcement in Canada and internationally to advance child rights. Suzanne developed the BC Hear the Child non-evaluative interview tool with support from Dr. Joan Kelly in collaboration with members of the BC bar and bench, founded the BC Hear the Child Society and launched the BC Child Interviewer Roster. Suzanne has been a global advisor to Plan International's Because I am a Girl publication, developed international award winning continuing legal education programs on children, and as lead writer and consultant worked with the Canadian Bar Association's National Children's Law Committee and CRC Subcommittee to develop an online Child Rights Toolkit, available May 11, 2017.  She has spoken at events worldwide including for the National Judicial Institute, the Association of Family Conciliation Courts, the World Congresses on Family Law and Child Rights and Against the Commercial Sexual Exploitation of Children, and Canada's Senate Standing Committee on Human Rights.

Planning Committee
The Honourable Rosemary Gallagher — Retired Judge of the Provincial Court of BC; Aboriginal Family Healing Court Conference; Provincial Court of BC, North Vancouver
Romona Baxter, BSW — Executive Director, Nzen’man’ Child and Family Development Centre Society, Lytton
Kari D. Boyle — BC Family Justice Innovation Lab, North Vancouver
Bev Churchill — BC Hear the Child Society, Barrister & Solicitor, Kelowna
J. Cherisse Friesen — Barrister & Solicitor, Ministry of Attorney General, Legal Services Branch, Vancouver 
Robyn Gervais — Acting Co-Director, UBCV & UBCO, Independent Investigations Office, The University of British Columbia, Vancouver
Dr. Lisa M. Gunderson — One Love Consulting, Victoria
Laura Hawes — Manager, Legislation & Legal Support, Ministry of Children and Family Development, Victoria
Terry Lejko — Director of Practice Coast North Shore, Ministry of Children and Family Development, North Vancouver
Kathy Louis, BA, MSM, OBC — Elder, First Nations Court and Aboriginal Family Healing Court, New Westminster
Heidi Mason — LSS - CFCSA Independent Legal Advice for Children; Vice President, Legal Advice and Representation, Legal Services Society, Vancouver
Laura A. Matthews — Matthews Mediation, Mission
Myrna McCallum — Miyo Pimatisiwin Legal Services, North Vancouver
Bobbi Poushinsky — BC Hear the Child Society, Bobbi Poushinsky Mediation Services Inc., Victoria
Joanna Recalma — Barrister & Solicitor, Nanaimo
Sharon Sutherland — True North Dispute Management, Delta
Olga Volpe — LSS - CFCSA Independent Legal Advice for Children; Manager, Family Law Services, Legal Services Society, Vancouver

Faculty
The Honourable Judge Rose Raven — Provincial Court of BC, Vancouver
Sahara Davis — Nursing Student, Surrey
Haana Edenshaw — Haida Gwaii, Environmental Justice Movement, Victoria
barbara findlay, QC — barbara findlay, QC Law Office, Vancouver
Dr. Alanaise Goodwill — Assistant Professor, Counselling Psychology, Faculty of Education, Simon Fraser University, Burnaby
Kim Hetherington, BSc — Social Worker/Practice Development Consultant, Ministry of Children and Family Development, Surrey
Dr. Christine A. Loock — Medical Director, BCCH Cleft Palate Program; Specialist Lead, BCCH RICHER Program, North Vancouver
Jane B. Morley, QC — Access to Justice BC, Pender Island
Suzette Narbonne — Child and Youth Lawyer, Society for Children and Youth Child and Youth Legal Centre, Vancouver
Cheyenne Stonechild — International Institute for Child Rights and Development, Burnaby
Dr. Sonya Vellet — Registered Psychologist, Vellet and Associates Child Psychological Services, Inc., Vancouver Island
Ardith Walpetko We’dalx Walkem, QC — Cedar and Sage Law Corporation, Chilliwack

Click here for full faculty bios

Welcome and Opening Prayer

Access to Justice for Children: Words to Action

Young people around the world are taking action to access justice: Hanaa Edenshaw, one of 15 plaintiffs, ages 7-19, who launched a lawsuit against the Canadian government for their personal injuries as a direct result of the climate change.

Haana Edenshaw — Haida Gwaii, Environmental Justice Movement, Victoria

Legal Foundations of Best Interests of the Child in BC

This panel will highlight the legal basis that supports the best interests of the child in BC, including:

• international law:
  • United Nations Convention on the Rights of the Child (UNCRC)
  • United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
• statutes:
  • Youth Criminal Justice Act
  • Immigration and Refugee Act
  • Divorce Act
  • British Columbia Family Law Act
• Rules of Court
• superior courts' parens patriae jurisdiction and inherent jurisdiction

Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Suzanne S. Williams — Brown Henderson Melbye, Victoria

BREAK

Best Interests of the Child: Supporting the Child's Healthy Development and Wellbeing

Imbedded in the best interests of the child principle is supporting each child's healthy development, an area where the knowledge base has and continues to evolve. Justice professionals need at least a basic understanding of child development to uphold the child's condition, means, needs or other circumstances in their work.

This panel will provide essential information on:

• the child's developing brain across childhood
• the evolving capacity of children
• the impact of stress and trauma as well as adverse childhood experiences (ACEs) on children
• practice tips on boosting children's protective factors, including those with special needs, to support their resilience and healthy development

Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Dr. Alanaise Goodwill — Assistant Professor, Counselling Psychology, Faculty of Education, Simon Fraser University, Burnaby
Kim Hetherington, BSc — Social Worker/Practice Development Consultant, Ministry of Children and Family Development, Surrey
Dr. Christine A. Loock — Medical Director, BCCH Cleft Palate Program; Specialist Lead, BCCH RICHER Program, North Vancouver
Dr. Sonya Vellet — Registered Psychologist, Vellet and Associates Child Psychological Services, Inc., Vancouver Island

LUNCH (provided) with Featured Speakers: "Non-discrimination and Best Interests of the Child"

An Act respecting First Nations, Inuit and Métis children, youth and families (Bill C-92). What impact is this new legislation likely to have on Indigenous children?

Ardith Walpetko We’dalx Walkem, QC — Cedar and Sage Law Corporation, Chilliwack

What does "best interests of the child" mean in the context of young transgendered people's lives?

barbara findlay, QC — barbara findlay, QC Law Office, Vancouver, counsel to A.B. in A.B. v. C.D., 2020 BCCA 11

Child Participation and Legal Representation

Justice decisions that are made in a child's best interest can easily fail to meet a child's lived reality unless the child has an opportunity to participate and be heard by decision-makers.

Hearing the views of young people in justice decisions that affect them is:

• a child's right
• informs the child's context from the child's perspective rather than the adults'
• done informally with a child specialist facilitating participation, or formally with a Hear the Child Report, Views of the Child Report, or s. 211 Family Law Report

Ensuring the child's views are heard and considered by decision-makers, in the processes to reach decisions and in the actual decisions, can be challenging.
At times the only way to support a child's participation is with the assistance of a child and youth lawyer.

The Honourable Donna J. Martinson, QC — Retired Justice of the Supreme Court of BC, Vancouver

Child Welfare

A young person shares her story of being in foster care.

The Honourable Judge Rose Raven — Provincial Court of BC, Vancouver
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Cheyenne Stonechild — International Institute for Child Rights and Development, Burnaby

Family Court Processes

Young people share their stories of navigating the family justice system with and without legal representation.

The Honourable Donna J. Martinson, QC — Retired Justice of the Supreme Court of BC, Vancouver
The Honourable Judge Rose Raven — Provincial Court of BC, Vancouver
Sahara Davis — Nursing Student, Surrey
Suzette Narbonne — Child and Youth Lawyer, Society for Children and Youth Child and Youth Legal Centre, Vancouver

BREAK

Bringing It All Together: Developing a Practice Framework to Implement Best Interests of the Child and Advance Children's Access to Justice in BC

What are the key elements required for you to effectively and consistently implement the best interests of the child in your work in justice processes?

Can a common approach be taken by all justice professionals to uphold the best interests of each child whom they directly, or indirectly, impact in their work?

An overview of existing models and highlights from the day's learning:

• Child Rights Social Ecology
• Circle of Security
• Wrapping Our Ways Around Them

The Honourable Donna J. Martinson, QC — Retired Justice of the Supreme Court of BC, Vancouver
Jane B. Morley, QC — Access to Justice BC, Pender Island
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Suzanne S. Williams — Brown Henderson Melbye, Victoria

Closing Comments