In a child protection trial under the Child, Youth and Family Services Act, 2017, the court found that two children continued to be in need of protection based on a real risk of serious emotional harm arising from repeated exposure to domestic conflict and the parents’ failure to protect them from that conflict.
The court rejected the society’s theory of protection based on alleged illicit drug use and school attendance, but accepted that inconsistent parental involvement, prolonged gaps in access, and failure to comply with safety planning reinforced the continued need for protection.
The court found the mother’s late-stage plan, based on residence with extended family and recent treatment engagement, was untested, not sufficiently child-focused, and did not adequately mitigate the identified risks.
Extended Society Care with the maternal aunt was ordered, together with structured access for the mother and discretionary access for the fathers.
The court also made a First Nations finding in relation to one child and addressed the implications of that status under the CYFSA.
