PUBLICATIONS
July 18, 2023
Children’s Rights and the Sentencing of Parents Facing Criminal Sanctions
Children's Rights and the Sentencing of Parents Facing Criminal Sanctions
DATE
July 18, 2023
AUTHORS
Dr. Hayli Millar
Children's Rights and the Sentencing of Parents Facing Criminal Sanctions
This paper reviews the (evolving) international legal requirement for domestic criminal courts to consider the best interests of a dependent child as a primary consideration in making bail and sentencing decisions about their parent(s), especially when a primary or sole caregiver.2 It examines the legal obligation involved and offers some practical guidance and resources on how the criminal courts can consider the rights and best interests of children who are affected by judicial decisions involving their parent(s) in criminal matters.
The paper also reviews the Canadian legal framework for bail (judicial interim release) and sentencing in adult criminal matters and emerging opportunities for Canadian criminal courts to take the rights and best interests of a dependent child(ren) more routinely into account when making decisions about their parent(s).
DOCUMENTS (1)
