The applicant children's aid society apprehended the respondents' newborn child at birth and sought Crown wardship with no access, relying heavily on the parents' history of having previous children made Crown wards and an older parenting capacity assessment.
The parents opposed the application, arguing they had made significant positive changes, engaged in extensive prenatal and parenting programs, and were supported by community resources.
The court found the child in need of protection due to historical risks but rejected the society's plan for Crown wardship, finding the society had taken a monofocal view and ignored recent evidence of the parents' capacity.
The court ordered the child returned to the parents' care subject to a 12-month supervision order.