Supporting Children Whose Parents are in Conflict with the Law through the Convention on the Rights of the Child: Honouring the Legacy of Hon. Landon Pearson

Hon. Landon Pearson was a lifelong dedicated advocate for children, both in Canada and abroad. Her contributions to advancing children’s rights in Canada were unparalleled and, notably, included ensuring Canada’s policies and practices were in line with the country’s international commitments through the United Nations Convention on the Rights of the Child (CRC). To honour her legacy, we examine how the principle of the best interests of the child ought to be applied when decisions are made within the criminal justice system concerning offenders with parental responsibilities. While it is increasingly understood that parental conflict with the law is a traumatic and developmentally impactful experience for children, the criminal justice process seldom takes steps to mitigate these detrimental impacts. This article discusses the current research on Canadian children whose parents are in conflict with the law, particularly through the lens of Canada’s obligations under the CRC. It provides recommendations for action to standardize considerations for the best interests of the child, as defined by the CRC, into Canadian criminal justice policy.