Emmanuel Ray Gibson

The Respondent mother brought a motion for temporary sole custody, no access to the Applicant father, and a restraining order, following the Applicant's arrest for first-degree murder.

The Applicant did not file a responding affidavit.

The court granted the Respondent temporary sole custody, no access to the Applicant, permission to obtain a passport for the child and travel internationally without the Applicant's consent, and an interim restraining order against the Applicant for the safety of the Respondent and children.

The court declined to extend the restraining order to the maternal grandparents due to jurisdictional and standing issues and limited the radius to 100 meters.

Leave was granted for the Respondent to amend her Answer.

This endorsement clarifies and replaces the terms of a supervision order and access conditions previously issued in a child protection matter.

The court ordered the Children's Aid Society to devise a gradual reintegration schedule for the children M and C to return to the mother's full-time care by August 14, 2017.

It also set out detailed conditions for the mother's twelve-month supervision order, including no contact with the father or other specified individuals, cooperation with the Society, drug testing, and participation in recommended programs.

For the father, limited supervised access of one hour every two weeks was granted, subject to specific conditions including cooperation with the Society and no unsupervised contact with the children.

A respondent in a child protection trial brought a motion for the judge to recuse himself and declare a mistrial, alleging reasonable apprehension of bias.

The allegation stemmed from the judge contemplating, and seeking submissions on, whether to summon additional witnesses under s. 49 of the Child and Family Services Act (CFSA) to address conflicting evidence, a possibility the judge later decided against.

The court dismissed the motion, finding that a reasonable, informed person would not conclude that the judge would not decide the case fairly.

The decision emphasized the high threshold for proving bias, the presumption of judicial impartiality, and the unique procedural flexibilities afforded to courts in child protection proceedings under the CFSA and Family Law Rules.

The Children's Aid Society of Ottawa sought a final order of Crown wardship for adoption for the child B. The respondent mother and father opposed, proposing the child be returned to the mother under a supervision order.

The court found the father had a history of domestic violence, lacked insight, and showed minimal commitment to addressing issues or exercising access.

The mother consistently prioritized her relationship with the father over the child's safety, lied to the Society, and failed to implement recommended therapies or parenting courses.

Considering the child's best interests and the parents' lack of commitment to rehabilitation, the court granted Crown wardship for adoption to the paternal uncle and his partner, with structured access for both parents.