The appellants challenged an Ontario Court of Justice decision dismissing a status review application following a Crown wardship order with no access and the child’s placement for adoption.
A putative father argued the order was a nullity due to lack of notice and sought DNA testing and participation in the proceedings, while also raising constitutional challenges to provisions of the Child and Family Services Act defining “parent” and restricting appeals and status reviews after adoption placement.
The court held the putative father lacked standing to bring a status review under the statute and that the application was barred because the child had already been placed for adoption and the statutory waiting period had not elapsed.
The court further held there was no denial of procedural fairness and rejected Charter challenges under ss. 7 and 15.
The appeals and related constitutional applications were dismissed as improper collateral attacks on prior orders.
