The appellant mother appealed two orders of Crown wardship regarding her two children, who were apprehended at birth.
She argued that the child protection provisions of the Child and Family Services Act were unconstitutional, that the matters should be heard in criminal court, and that she was denied procedural fairness at trial.
The Divisional Court dismissed the appeals, finding that child protection falls under provincial jurisdiction, child protection hearings must be separate from criminal proceedings, and the trial judge made no procedural errors in managing the trial.
The court also confirmed that a finding of a child in need of protection is based on the risk of future harm, not past harm.
