Child Welfare Law in Ontario

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Questions and Answers

What consequence does a judge's ruling have on identifying a child in Ontario's child protection cases?

A child can always be identified if consent is given.

Identification is prohibited if emotional harm could occur.

Identification is only allowed when the case is not ongoing.

A ban on identification remains in force even with a child's consent. (correct)

Under what condition can the media report details of child welfare cases?

If the parties involved consent to the disclosure.

Only if the hearings are public.

As long as they do not identify the individuals involved. (correct)

When the judge requests the media's presence.

What can a judge do during a hearing to protect a child's emotional well-being?

Impose a publication ban on evidence presented. (correct)

Exclude reporters from entirely covering the case.

Allow all media to attend regardless of the circumstances.

Ignore the wishes of the parties involved.

Why was the publication ban order struck down on appeal?

It was overly broad and based on speculation without evidence. Signup and view all the answers

What role do judges have in public hearings concerning child welfare cases?

They can decide to exclude reporters from some parts of the hearing. Signup and view all the answers

What rights does a judge have regarding the publication of search warrant outcomes?

The judge can permit publication based on a privacy assessment. Signup and view all the answers

What information is typically barred from publication in search warrants if no charges are laid?

Locations searched and identities of suspects. Signup and view all the answers

Under what conditions can jurors discuss jury room proceedings?

If questioned by police during an obstruction investigation. Signup and view all the answers

What is a potential penalty for an individual convicted of breaching the media's publication ban?

Up to six months in jail and a $2,000 fine. Signup and view all the answers

What is a justification for imposing restrictions on court proceedings?

To protect a child or details of a patent Signup and view all the answers

Which of the following is a ground for sealing a warrant?

The risk of compromising an ongoing investigation. Signup and view all the answers

What must a party demonstrate to shield evidence in a civil action according to the Supreme Court of Canada?

There is a serious risk of exposing confidential information Signup and view all the answers

What constitutes a summary conviction offence under the publication ban?

Noncompliance with a court order. Signup and view all the answers

Which type of law case commonly involves intimate details of private life being disclosed?

Divorce and family law cases Signup and view all the answers

What can happen to the media if they disobey a court order?

They can be prosecuted as a contempt of court. Signup and view all the answers

In a voir dire hearing during a civil case, when does the restriction on information publication typically lift?

When the jury begins deliberations Signup and view all the answers

What is the consequence of breaching a ban imposed in a civil case?

Prosecution for contempt of court Signup and view all the answers

What risk does the disclosure of certain warrant information pose?

It could endanger undercover operations. Signup and view all the answers

What risk is generally lower in civil cases compared to criminal cases?

Risk of publication found in contempt Signup and view all the answers

What does provincial or territorial legislation often provide in family law cases?

Judges' powers to restrict publication of information Signup and view all the answers

How does a civil action attain the status of sub judice?

When the plaintiff files a statement of claim Signup and view all the answers

How long does the ban remain in place if granted?

Until the defendant is discharged or the trial in the foreign state concludes. Signup and view all the answers

Under what circumstances can access to immigration hearings be restricted?

To protect the life, liberty, or security of a person. Signup and view all the answers

Who has the authority to issue a certificate for expelling a permanent resident or foreign citizen?

The minister of public safety and the minister of immigration. Signup and view all the answers

What must a judge do when reviewing an issued certificate?

Ensure the confidentiality of supporting information. Signup and view all the answers

What is one of the grounds for issuing a certificate under the Immigration and Refugee Protection Act?

Involvement in organized crime. Signup and view all the answers

What discretion does the panel have regarding refugee claims?

To grant appropriate access to the proceedings. Signup and view all the answers

What is required of the judge under Sections 83 and 84 of the Act during the certificate review?

The judge must keep information confidential that may endanger national security. Signup and view all the answers

What power does the minister of immigration hold regarding information at hearings?

The minister can apply for an order of non-disclosure of certain security information. Signup and view all the answers

What is the role of administrative tribunals?

To settle disputes over employment and human rights Signup and view all the answers

What is a primary responsibility of a judge in the courtroom?

To oversee the trial procedure and maintain order Signup and view all the answers

What defines the role of a Crown attorney?

To prosecute criminal cases for the state with public interest in mind Signup and view all the answers

What is a hung jury?

A jury that cannot reach a unanimous verdict Signup and view all the answers

Which statement about military courts is correct?

They have two types of trials: by superior officer or court-martial Signup and view all the answers

In which scenario can a superior court judge be removed?

For misconduct or infirmity Signup and view all the answers

What is the minimum age requirement for jury members?

18 Signup and view all the answers

What is a primary function of the Canadian Judicial Council?

To investigate complaints about federally appointed judges Signup and view all the answers

How does the adversarial system of justice function?

The truth is sought through a competition between opposing parties Signup and view all the answers

What role does a jury play in a trial?

They assess facts and deliver a verdict based on evidence Signup and view all the answers

Which of the following best describes the selection process for judges?

Lawyers can apply, and their qualifications are reviewed by screening committees Signup and view all the answers

What distinguishes federal tribunals from provincial tribunals?

Federal tribunals focus on employment insurance and human rights issues Signup and view all the answers

What is the purpose of a courtroom jury oath?

To confirm jurors will impartially assess evidence presented Signup and view all the answers

What is the primary concern of the policy preventing the use of court records for improper uses?

Protection of personal data identifiers Signup and view all the answers

What must a party do to apply for the sealing of a document in court?

Apply to the judge despite public interest Signup and view all the answers

Under which conditions can media outlets challenge a sealing order?

Under the Daegenais/Mentuck test Signup and view all the answers

Which of the following hearings are typically open to the public but can be conducted privately?

Immigration and refugee hearings Signup and view all the answers

What is a key reason for the confidentiality of testimony in discovery hearings?

To ensure a fair trial Signup and view all the answers

What is required for public access to parole hearings?

A written request for observer status Signup and view all the answers

Which of the following types of inquiries can be held in private at the discretion of a coroner or judge?

Fatality inquiries Signup and view all the answers

What distinguishes criminal law from civil law?

Criminal law is concerned with punishment for offenses against society Signup and view all the answers

What common feature is present in most professional disciplinary hearings?

They are held under strict confidentiality until concluded Signup and view all the answers

How do public inquiries typically conduct their proceedings?

In public but not required by law to do so Signup and view all the answers

For which type of hearing can a judge refuse public access based on significant altruism towards freedom of expression?

Administrative tribunal hearings Signup and view all the answers

What is one possible consequence for misusing discovery transcripts in civil cases?

Civil penalties imposed by the judge Signup and view all the answers

Which requirement applies to search warrants in terms of public access?

They may be sealed to protect fair trial rights Signup and view all the answers

What is a common characteristic of courts martial hearings?

They can be closed to protect national defense Signup and view all the answers

Study Notes

Restrictions on Reporting and Publishing the News

Individuals who intrude on another person's privacy or personal life can be sued for invasion of privacy.
Publishing compromising photos or diary extracts, for instance, is considered an intrusion of privacy.
Privacy rights are not absolute.
Publishing information or images depicting another person in a false light, deemed highly offensive to a reasonable person, can be a violation.
Individuals involved in newsgathering may infringe on privacy.
The Law provides protection on legitimate newsgathering.
Publications are not liable if information is considered a matter of public concern or defamatory.

Photography and Video Recording

Seek consent before publishing or broadcasting images of individuals, especially those with professional lives or careers in the public interest.
Photographs of crowds taken from a distance avoid identification issues.
Consent is required if recording individuals in private places or where privacy is expected.

Criminal Voyeurism

Surreptitious observation, photography or videotaping of individuals in spaces where they reasonably expect privacy is an offense, punished by up to 5 years in prison.
This prevents exploitation by paparazzi and tabloid journalism.

Recording Conversations and Private Spaces

Unauthorized audio recording of interviews is illegal unless consent is given, unless the interviewee calls in.
The CRTC prohibits broadcasting interviews or conversations without the consent of all involved parties.

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Description

This quiz explores the critical aspects of child welfare law in Ontario, focusing on judges' rulings, media reporting guidelines, and emotional protection for children during hearings. Understand the implications of publication bans and the role of judges in public hearings related to child protection cases.