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On meeting Canada's Charter obligations to street youth

On meeting Canada's Charter obligations to street youth The International Journal of Children’s Rights 10: 313–344, 2002. © 2002 Kluwer Law International.. Printed in the Netherlands. 313 On meeting Canada’s Charter obligations to street youth SONJA GROVER Faculty of Education, Lakehead University, Ontario, Canada 1. Introduction This paper argues that street youth in Canada too often do not have their substantive and affirmative Charter rights recognized and protected. It is argued that legislation concerning street youth can only be in the young person’s “best interests” if consistent with the Charter . The relevant test is whether or not such legislation accords these young people full protection of the Charter in practice and not simply in theory. Further, it is suggested, that we must rely on the Courts’ willingness to give full force and effect to Charter obligations to street youth when cases are brought forward if the Charter is to be more than just an empty promise to Canada’s street youth. The case of Alberta v. K.B. 2000 ABPC 113 raises fundamental constitutional questions regarding whether or not Canadian street youth have been accorded their fundamental rights under section 7 of the Charter , and also in particular equal protection of the law. This case is http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Children's Rights Brill

On meeting Canada's Charter obligations to street youth

The International Journal of Children's Rights , Volume 10 (4): 313 – Jan 1, 2002

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Publisher
Brill
Copyright
© 2002 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-5568
eISSN
1571-8182
DOI
10.1163/157181802100380690
Publisher site
See Article on Publisher Site

Abstract

The International Journal of Children’s Rights 10: 313–344, 2002. © 2002 Kluwer Law International.. Printed in the Netherlands. 313 On meeting Canada’s Charter obligations to street youth SONJA GROVER Faculty of Education, Lakehead University, Ontario, Canada 1. Introduction This paper argues that street youth in Canada too often do not have their substantive and affirmative Charter rights recognized and protected. It is argued that legislation concerning street youth can only be in the young person’s “best interests” if consistent with the Charter . The relevant test is whether or not such legislation accords these young people full protection of the Charter in practice and not simply in theory. Further, it is suggested, that we must rely on the Courts’ willingness to give full force and effect to Charter obligations to street youth when cases are brought forward if the Charter is to be more than just an empty promise to Canada’s street youth. The case of Alberta v. K.B. 2000 ABPC 113 raises fundamental constitutional questions regarding whether or not Canadian street youth have been accorded their fundamental rights under section 7 of the Charter , and also in particular equal protection of the law. This case is

Journal

The International Journal of Children's RightsBrill

Published: Jan 1, 2002

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