The appellant appealed a summary judgment finding his three children in need of protection.
He argued the trial judge erred by considering his 1986 young offender record for sexual assault, claiming it was barred by s. 45(4) of the Young Offenders Act.
The Court of Appeal dismissed the appeal, finding the evidence came from the Children's Aid Society's own investigation rather than a formal record, and the appellant had admitted to the disposition.
The court also noted that child protection proceedings are distinct from subsequent criminal proceedings.
