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The Children's Lawyer for Ontario
The Children's Lawyer for Ontario (formerly the Official Guardian) is appointed by the Lieutenant Governor in Council, on the recommendation of the Attorney General, under section 89(1) of the Courts of Justice Act (CJA). To be appointed as the Children's Lawyer, the person must be a lawyer belonging to a bar of one of the provinces or territories of Canada [CJA, section 89(2)].
The Children's Lawyer has a duty to act as litigation guardian for a minor who is a party to a proceeding, where required to do so by an Act or the rules of court [CJA, section 89(3)]. For example, in a personal injury case, the court may order that the Children's Lawyer act as litigation guardian for a minor plaintiff in the action [see rule 7.01-7.02 of the Rules of Civil Procedure, in the CJA regulations].
Also, at the request of a court, the Children's Lawyer may act as the legal representative of a minor who is not a party to a proceeding [CJA, section 89(3.1)]. For example, in a child protection case, the court may request that the Children's Lawyer act as the minor's legal representative in the proceedings [see section 38 of the Child and Family Services Act (CFSA)].
The Office of the Children's Lawyer (the OCL) operates as a branch of the Ministry of the Attorney General.
The OCL itself engages the services of lawyers to discharge its responsibilities. Some of these lawyers are "in-house" employees, while others work as "agents" on a retainer basis.
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