The appellant appealed a Court of Appeal decision finding her children in need of protection.
The Supreme Court of Canada agreed with the Court of Appeal's conclusion that the children were in need of protection under s. 17(b)(i) of The Child and Family Services Act, although it disagreed with the test applied by the majority.
However, noting that the Court of Appeal failed to adequately consider the alternatives under s. 38 of the Act and that new evidence indicated a possible change in circumstances, the Court allowed the appeal in part.
The matter was referred back to the trial judge to determine the appropriate order under s. 38, with the children remaining temporary wards in the interim.
