I don't understand what I'm reading
Best interests of the child, s 17
259 The best interests of the child principle, as particularly expressed in the CYF Act
is not applicable to the Governor in Council as a decision maker under Chapter 5 of
the Act, but the Secretary is under a duty to observe the best interests of the child
principle by reason of s 482(1)(a) of the Act. That said, by reason of ss 17(2) and 38 of
the Charter, the best interests principle is nonetheless imported to the acts and
decisions of a public authority that engage Charter rights.
260 Section 17(2) of the Charter provides in general terms for the right of every child,
without discrimination, to such protection as is in his or her best interests and is
needed by him or her by reason of being a child. Section 17(2) of the Charter is
modelled on, but not identical to, article 24(1) of the ICCPR, as well as article 3(1)
and (2) of the Convention on the Rights of the Child (CROC).
261 In Certain Children, Garde J held that the central element of the right protected by
s 17(2) is the best interests of the child. His Honour accepted that guidance from the
CROC and materials from the United Nations inform the scope of the right protected
Certain Children v Minister for Families and
Children & Ors (No 2)
104 JUDGMENT
in s 17(2).176 In particular, the United Nations Standard Minimum Rules for the
Administration of Justice (Beijing Rules) provide an established international
framework by which substance and standards can be given to s 17(2).177
262 Interpreting the right protected in s 17(2), informed by the CROC and the
Beijing Rules
it is apparent that: