This lecture and discussion will focus on current challenges in the implementation of the “best interests of the child” standard in Canadian jurisprudence, social policy and professional practice. Article 3 of the UN Convention on the Rights of the Child requires member states to observe the best interests of the child as a primary consideration “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies.” As with most articles of the Convention, however, a clear understanding and precise definition of the “best interests” concept remains elusive, to the point that it is subject to competing interpretations.
Legal and political decision-makers struggle when asked to define children’s “best interests,” and their definitions often clash with what children and parents would consider to be the core elements of the concept. The “best interests” standard, however, remains central in Canadian child and family law, the development of child and family policy, and in guiding professional practice in the realms of child custody, child protection, and child care. This lecture will trace the history of the “best interests” standard in Canada, and offer guidelines for refining the concept toward a more socially just approach to child and family law, policy and practice for the future.