“Part VI of the CJA (Courts of Justice Act)– under the heading “Judges and Officers” – provides for the appointment of the Children’s Lawyer by the Lieutenant Governor in Council:
Children’s Lawyer
89(1) The Lieutenant Governor in Council, on the recommendation of the Attorney General, may appoint a Children’s Lawyer for Ontario.
Subsections 89(3)-(3.1) set out the Children’s Lawyer’s duties:
(3) Where required to do so by an Act or the rules of court, the Children’s Lawyer shall act as litigation guardian of a minor or other person who is a party to a proceeding.
(3.1) At the request of a court, the Children’s Lawyer may act as the legal representative of a minor or other person who is not a party to a proceeding.
Under s. 112, the Children’s Lawyer may also cause investigations to be made, report to the court, and make recommendations to the court in custody and access matters.
(3) Other statutes
In addition to providing legal representation to children in custody and access disputes, the Children’s Lawyer:
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- Provides legal representation to children in child protection proceedings, alternative dispute resolution proceedings, and secure treatment and health emergency matters pursuant to ss. 78(3), 78(5), 17(3), 161(6)and 171(8) of the Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1 (“CYFSA”);
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- Provides independent legal advice to children as well as minor parents consenting to adoption pursuant to ss. 180(6), 180(7) and 180(11) of the CYFSA, and rr. 34(11) and 34(11.1) of the Family Law Rules, O. Reg. 114/99;
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- Acts as the litigation guardian for minors in all applications for guardianship of a child’s property; and
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- Is the head of the Office of the Children’s Lawyer (“OCL”). The OCL has one function: to support the Children’s Lawyer in fulfilling her independent statutory duties and functions.”
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