“The Children’s Lawyer is an independent crown law officer appointed by the Lieutenant Governor-in-Council on the recommendation of the Attorney General, to represent children within the administration of justice. By order under section 38 of the Child and Family Services Act and subsection 89(3.1) of the Courts of Justice Act, R.S.O. 1990, c. C-43, as amended, a court has jurisdiction to obtain or request the appointment of counsel for the child to represent the child’s interests.
Upon receiving a case from the Children’s Lawyer, child’s counsel reviews information and advocates a position for the child client. In addition:
| (a) | Child’s counsel receives authority to act under the court order requesting legal representation. | |
| (b) | Child’s counsel obtains the child’s views and preferences, if any, that the child is able to express. | |
| (c) | Child’s counsel does not represent the “best interests” of the child, it being the issue to be decided by the court. | |
| (d) | Child’s counsel is the “legal representative” of the child and is not a “litigation guardian” or “amicus curiae”. And | |
| (e) | The relationship between child’s counsel and the child is a “solicitor-and-client” relationship. |
In taking a position on behalf of the child, child’s counsel will ascertain the views and preferences of the child, if any, and will consider (I emphasize this):
| (a) | the independence, strength, and consistency of the child’s views and preferences. | |
| (b) | the circumstances surrounding the child’s views and preferences. And | |
| (c) | all other relevant evidence about the child’s interests.” |
Catholic Children’s Society of Toronto v. H.(L.D.), 2008 ONCJ 783 (CanLII) at 130, 132-133