Available at: 0102+0+DOC+XML+V0//EN 15 The Impact of Sentencing and Other Judicial Decisions on the Children of Parents in Conflict with the Law Anniversary of the UN CRC, calling on the Commission “… to assess the impact of detention policies and criminal justice systems on children”.60 In the Americas, the Organizati [...] She observed that the provincial government could not “sidestep the principle that in all state actions concerning a child, the best interests of the child shall be a primary consideration.”84 In particular, the court concluded that the interests of mothers and infants to remain together is an aspect of security of the person (for both the mother and the child in relation to the benefits of stayin [...] In commenting on the jurisprudence on this Article 8 obligation to consider the interests of a dependent child and the consequences of a custodial sentence on family life, Minson, Nadin and Earle summarize a set of four guiding principles emerging from the case law, including: (1) The sentencing of a parent for a criminal offence engages the right to family life of both the parent and the child (… [...] A confluence of factors arguably were influential in this judgment, including, firstly, constitutional protection of the paramountcy of the best interests of the child conjoined with constitutional protection of a right to family or parental care; secondly, application of the ACRWC, including Article 97 See, e.g., R Epstein, ‘Sentencing mothers: the rights of the child and the duties of the crimin [...] In making a decision to accept an offender into the FOSA program, the court is expected to balance a range of factors, such as the seriousness of the offence, the appropriateness of the alternative for the offender, and the safety and needs of the victim, the child, the public and the offender.155 A core principle in guiding such decisions is the best interests of the child, defined as a parenting
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- 41
- Published in
- Vancouver, BC, CA
