CLE Online

Welcome and Introduction

Participant Introductions and Overview of Day

Ronald J. Smith, QC — Smith Peacock, Kelowna
Suzanne Williams — Deputy and Legal Director, International Institute for Child Rights and Development (IICRD), Victoria

Hearing from Children

• what is child participation?
• what biases do we hold with respect to child participation?
• what does the research say about child participation? what are the benefits and the risks?

Suzanne Williams — Deputy and Legal Director, International Institute for Child Rights and Development (IICRD), Victoria

The Law and A Child’s Right to be Heard and Have His/Her Views Considered

• recent case law
• the Family Relations Act and proposed changes
• implications of proposed FRA amendments re “unless inappropriate” and children’s safety, and new Family Court Rules

Trudi L. Brown, QC — Brown Henderson Melbye, Victoria
David C. Dundee — Paul & Company, Kamloops

Networking break

Mechanisms to Hear From Children: From Views to Best Interests Assessment

• judicial interviews
• non-therapeutic third party interviews
• mediation
• Family Justice Counsellors' interviews and assessments
• assessments by psychologists or experts: s. 15 assessments

John-Paul E. Boyd — Aaron Gordon Daykin Nordlinger, Vancouver
Robert Colby — Registered Psychologist, Colby Gallagher & Associates, Vancouver
Arlene H. Henry, QC — Arlene H. Henry Law Corporation, Vancouver
Debbie Lesurf — Manager Provincial Custody and Access Assessment Service, Ministry of Attorney General, Abbotsford

Lunch (on your own)

Recent Developments: Power, Ethics, and Practice Standards

• child protection mediation/family group conferencing and power considerations
• BC Hear the Child Society: roster of interviewers; ethics and practice standards
• parenting coordinators

Robert Colby — Registered Psychologist, Colby Gallagher & Associates, Vancouver
Debbie Lesurf — Manager Provincial Custody and Access Assessment Service, Ministry of Attorney General, Abbotsford
Tara Ney, PhD, RPsych — School of Public Administration, University of Victoria, Victoria
Ronald J. Smith, QC — Smith Peacock, Kelowna

Networking Break

View From the Bench: What is Expected From Legal Counsel So Children’s Views are Heard And Considered

The Honourable Judge Rosemary M. Gallagher — Provincial Court of BC, Vancouver
Suzanne Williams — Deputy and Legal Director, International Institute for Child Rights and Development (IICRD), Victoria

Developmental Considerations in Listening to Children

• what factors might be considered in creating an appropriate environment for a child’s participation (e.g., information in a way that they understand)?
• what if a child does not want to participate?
• what happens when a child’s views are at odds with a child’s best interests?

Robert Colby — Registered Psychologist, Colby Gallagher & Associates, Vancouver
Dr. Derek Swain — Registered Psychologist, Vancouver

Closing comments