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Children's lawyers

A child's lawyer, an advocate, and an assessor have different jobs.

Whether a child can have independent counsel—and who appoints or pays that lawyer—depends on the jurisdiction, the type of proceeding, and the court or statutory process involved.

Different professional roles

Ask what the person is appointed to do.

01

Child's counsel

A lawyer may represent a child's legal interests or instructions. The precise role and appointment process vary across Canada.

02

Child advocate

An advocate may help a young person navigate child welfare, youth justice, education, health, or another public service.

03

Assessor or evaluator

A neutral professional may gather information and provide an opinion or recommendations to the court; that person is not the child's lawyer.

04

Views-of-the-child professional

A trained professional may report a child's views to the court without providing legal advice or deciding the outcome.

Primary sources

Start with the governing process.

Justice Canada's research describes substantial differences between jurisdictions and proceedings. Current advice must come from the applicable statute, court process, legal-aid plan, or appointment program.

For parents and guardians

Do not coach a child or treat representation as a way to win.

Keep adult litigation away from the child where possible. A child's participation should be developmentally appropriate, free from pressure, and structured by the responsible professional or court process.