Alternative Dispute Resolution
from the Child, Youth and Family Services Act, 2017, PART IV
Resolution of issues by prescribed method of alternative dispute resolution
17 (1) If a child is or may be in need of protection under this Act, a society shall consider whether a prescribed method of alternative dispute resolution could assist in resolving any issue related to the child or a plan for the child’s care.
First Nation, Inuit or Metis child
(2) If the issue referred to in subsection (1) relates to a First Nation, Inuit or Metis child, the society shall consult with a representative chosen by each of the child’s band and First Nation, Inuit or Metis communities to determine whether an alternative dispute resolution process established by that bands and communities or another prescribed alternative dispute resolution process could assist in resolving the issue.
Children’s Lawyer
(3) If a society or a persons, including a child, who is receiving child welfare services proposes that an alternative dispute resolution method or process referred to in subsection (1) or (2) be undertaken to assist in resolving an issue relating to a child or a plan for the child’s care, the Children’s Lawyer may provide legal representation to the child if, in the opinion of the Children’s Lawyer, such as legal representation is appropriate.
Notice to band, community
(4) If a society makes or receives a proposal that an alternative dispute resolution method or process referred to in subsection (1) or (2) be undertake under subsection (3) in a matter involving a First Nations, Inuit or Metis child, the society shall give notice of the proposal to a representative chosen by each of the child’s bands and First Nations, Inuit or Metis communities