International Centre for Criminal Law Reform and Criminal Justice Policy - Considering the Best Interests of

In the The rights of the child and the principle of the absence of appropriate supports, best interests of the child must be respected at separation due to parental incarceration all times. [...] Since 2005, the United Nations Committee on the Rights of the Child has addressed the situation of children of incarcerated and administratively detained parents and has instructed domestic criminal courts to consider the best interests of the child principle when remanding or sentencing a parent to custody, emphasizing the use of alternative sanctions where possible and appropriate. [...] In the Canadian context, it is imperative that any assessment of the best interests of the child, in relation to their parents’ criminal proceedings, be developed 25 See, for example, European Parliament resolution of 13 March 2008 on the particular situation of women in prison and the impact of the incarceration of parents on social and family life (2007/2116(INI). [...] The court found that the province’s decision to cancel the program unjustifiably violated the plaintiff’s Section 7 rights to security of the person, recognizing the right of mothers and infants to remain together as an aspect of security of the person. [...] With respect to the best interests of the child and given the application of the Charge Assessment Standard until the point of disposition, the only way information regarding dependent children might become germane is if it is identified in the context of the public interest.