Recent news stemming from Italy regarding child protection and custody sparks an interesting conversation for those of us in Canada.

Italian courts have recently made the decision to remove children from the care of their parents when those parents are suspected to be involved with the Italian Mafia. Once anti-mafia authorities in Italy start an investigation into a family, children of suspected members can be removed from their parents before any charges are laid. That is, children are being removed before their parent(s) have been charged with, or convicted of, a crime. For Italian authorities, the child's removal is justified on the sole basis of Mafia involvement.

Breaking up the bonds between Mafia-affiliated parents and their children is said to be an effective way to stop criminal traditions from being passed from generation to generation.

This is a very interesting move by Italian authorities, and begs the question: Is Canada next?

In Ontario, Children's Aid Societies have the exclusive mandate under the Child and Family Services Act to protect children when they have been harmed, or when they are at risk of being harmed (see s. 37 of the Act). A child is determined to be "in need of protection" when his/her parent(s) are unavailable to exercise their custodial rights over the child(ren), and when they have not made adequate provision for their child(ren's) care and custody. A need for protection is often found where a custodial parent is severely mentally incapacitated or incarcerated.

Where the court finds that a child is in need of protection and is satisfied that intervention through a court order is necessary to protect the child in the future, the court shall make one of the following orders in the child's best interests: (see s. 57 of the Act)

  • Supervision order
  • Society wardship
  • Crown wardship
  • Consecutive orders of society wardship and supervision
  • Custody order

The decision to remove a well-cared-for child from his/her home, based solely on suspected criminal involvement, is unprecedented in Canada. Though with a legal system so heavily focused on the "best interests of the child,"1 it may not be outside the realm of possibility. However, because Canada's gang violence issue far exceeds its Mafia violence issue, it's likely that if a decision of the kind comes, it will be gang-related.

Though it is difficult to accept that Canada will follow in Italy's footsteps and remove a child from the home before any criminal charges have been laid (as is the case in Italy), until a court found that a child is in fact in need of protection, it's unlikely that such an Order would be made.

Following an investigation into the family and the child's welfare, if it was decided that it is in fact in a child's best interests to be removed from the care of their custodial parent – who despite not being charged, is affiliated with a violent gang – then the court would make such an order. But until that time, as the law stands today, it's unlikely we'll see a situation similar to that exemplified in Italy, that's why is important to count with good lawyers for any case or eventuality that presents like you could get lawyers in Florence sc for recommendation or looking for them.

But until that time, as the law stands today, it's unlikely we'll see a situation similar to that exemplified in Italy.

Footnote

1 Divorce Act (section 16(8), federal) and Children's Law Reform Act (section 19, provincial).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.