HomeMy WebLinkAboutThe Goderich Signal-Star, 1987-12-09, Page 23PAGE 2A—GODERICH SIGNAL -STAR, WEDNESDAY,' DECEMBER 9, 1987
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Education
Students barn about aspects of Ian
at recent Rbertson enrichment workshop
BY LOU -ANN DE BRU
Students participating in an nrichment
workshop at Robertson Memorial Public
School learned everyone has the right to
speak to a lawyer no matter what their
age.
Heather Ross, a Goderich lawyer, told
about 30 students Thursday afternoon at
the school that even children are perfectly
entitled to talk to a lawyer.
The students were participating in a
three-day intermediate enrichment
workshop entitled "The Student and the
Law." Co-ordinated by Mrs. Flo Dyck, a
teacher at Robertson, the workshop was
for students of Brookside, Holmesville,
Colborne Central and Robertson public
schools. Students participating in enrich-
ment programs are students who are
recognized by teachers as needing an
enrichment program to supplement the
regular classroom program.
Ross was just one speaker who par-
ticipated in the three day event, She spoke
on "The Rights and Obligations of
Children."
The students learned that a Toronto
foundation, called Justice for Children,
deals solely with children's rights and
obligations.
She also told the group that lawyers
were available for children even if they
had no money to pay for the lawyer's fees.
"The Ontario Legal Aid Plan offers free
lawyers to those people who can't afford
one, even a child," she said, adding Duty
Council in criminal court and family court
means there is a lawyer there free of
charge. Judges can make an order appoin-
ting a lawyer for a child in the case of a
criminal charge or if there are serious
family problems. Ross also told the
students that the Office of the Official
Guardian is responsible for the welfare of
every child in the province.
The students learned whatever informa-
tion they give to a lawyer is strictly
confidential.
"The information you give a lawyer is
strictly privilege. Lawyers are the only
people who are protected from taking the
witness stand to tell the court what the
client has said. A lawyer cannot tell your
parents, your teacher, your police, your
social worker anything you tell him unless
you give your permission," she explained
to the students.
THE LAW AND SCHOOL
There are three acts in Canadian law
which affect children the most. These are:
the Education Act, the Family Law Act,
and the Young Offenders Act.
The Education Act affects school-age
children on a daily basis.
"Children are obliged to attend school
until the age of 16," Ross told the students.
She explained that if parents keep the child
home from school excessively, the parents
can be charged. If the child is over the age
of 12 and is not at school, the child can be
charged with truancy. If the child is over
12 but is being kept from attending school
by his parents, the parents can be charged.
There are situations where children leave
school before the age of 16 but this can only
happen with parental and. board
permission.
School discipline is also regulated by
laws and policies.
Goderich lawyer Heather Ross spoke to students Thursday afternoon on the rights and
obligations of children. She was one of many speakers who participated in "The Student
and The Law" enrichment workshop held at Robertson Memorial Public School in Goderich
from Dec. 2-4. About 30 grade 7-8 students from Brookside, Colborne, Holmesville and
Robertson public schools attended the workshop. (photo by Lou -Ann DeBruyn)
For example, the Criminal Code states a
teacher is permitted to use physical
punishment 6n a student so long as
reasonable force is necessary. If the
physical punishment is in excess, the
teacher can be charged with abuse.
In Huron County, strapping has been
banned by the Huron County Board of
Education. This policy is now in writing.
While a policy does not have the same
force or effect as a law, it does not mean
nothing can be done about it if it is not
upheld. For example, is a child was strap-
ped by a teacher in a Huron County public
school, the student should take the matter
to the board of education and ask for "a
redress of the situation.
Ross also informed the students that
they have the right to look at their school
records if they so desire.
"You have the right to see your record
and that right cannot be denied," she said.
She also noted the Education Act says
children can see their record without their
parents being in attendance.
Ross also told the students that children
do have rights concerning the medical
profession.
She said parents were responsible to see-
ing that the child has the right to medical
treatment. However, if the parents failed
to do this, the child could contact the doc-
tor by himself. Information exchanged
between the doctor and child is also to be
held in confidence.
"You have the right to ask to see the doc-
tor without your parents permission," she
said, adding the child can be given treat-
ment if the child has given informed con-
sent, meaning the risks have been fully ex-
plained to the child and he fully
understands. There are two situations
where this is not followed. One is if
hospital treatment is necessary and the se-
cond concerns abortion. She told the
students that anyone, regardless of their
age, who wanted an abortion, must receive
permission from a special hospital board
formed especially for this purpose. If the
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woman is under 16 years of, age, she must
also have parental permission for an
abortion.
THE CHILD: CUSTODY AND ACCESS
The Family Law Act, the Children's Law
Reform Act and the Divorce Act regulate
child support, custody and access in cases
of separation and divorce.
She explained to the students that
"custody" referred to which parent the
child lived with, while "access" concerned
which parent was visited by the child.
Joint custody means both parents share
decisions regarding the child and that the
child may live with both parents at dif-
ferent times (for example: six months
with mom, six months with dad-). Joint
custody only happens with parents who get
along very well and who have the
children's best interests at heart.
Although most custody and access cases
are resolved by mutual agreement bet-
ween the parents, there are a few cases
which do go to court.
Children's rights in conjunction with
custody and access are limited in the child
is under 14 years of age, Ross told the
students.
In a case where custody and access is to
be decided in court, the judge making the
decision takes many things into considera-
tion, including who the child is more close-
ly bonded to as well as listening to the
views and preferences of the child (the
older the child is, the more important are
his views). However, the child does have
theright to sue in the future in order to
have the custody arrangement changed.
Ross also told the students if neither
parent wants the child, the court prefers to
see the child go to a family relative before
being cared for by a friend or sent to a
foster home.
Two other points Ross mentionned
before concluding were: "The legal drink-
ing age is 19. Technically, that means you
can't drink at home. However, it is unlike-
ly that at Christmas dinner if you have a
glass of wine, the police will be knocking at
your door and charging your parents."
The second point she noted was the legal
age to marry is 16. A child aged 16-17
needs permission from both parents to be
married. Only under special cir-
cumstances can a judge allow a child
under 16 to be married without the permis-
sion of the parents.
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