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The court denied a child protection agency's request for a conditional apprehension warrant because the child was currently safe.
The Children's Aid Society of Brant applied ex parte for a warrant to apprehend a child in need of protection.
The child was residing with her biological mother in a shelter following the mother's separation from the child's biological father, who faced assault charges and was bound by release conditions prohibiting contact with the mother and child.
The CAS alleged the father had repeatedly breached his release conditions and that the mother might return to the matrimonial relationship.
The court denied the application, finding that the Information to Obtain failed to establish that the child was in need of protection, particularly given that both the child and mother were safely residing in a shelter with protective measures in place.
