2 total
The court awarded the mother primary care during the school year, rejecting the father's request for year-round week-about parenting despite his stabilized mental health.
This trial addressed a dispute over a child's parenting schedule and child support.
The Applicant Mother sought primary care during the school year, while the Respondent Father sought a week-about schedule.
The court reviewed the father's past mental health incidents and current stability, and the mother's consistent parenting.
The court found the mother's primary care arrangement during the school year to be in the child's best interests, declining the father's request for week-about parenting during the school year due to concerns about his flexibility and past "obsession." Joint custody was ordered, with the mother having final decision-making authority on major issues.
Child support was determined based on the ordered parenting schedule.
The Court of Appeal upheld the involuntary psychiatric committal of a dangerous offender at the end of his prison sentence, rejecting claims of unlawful psychiatric gating and Charter violations.
An appeal from a Superior Court decision dismissing an appeal from a Consent and Capacity Board decision confirming the appellant's involuntary status under the Mental Health Act.
The appellant, a dangerous offender with a lengthy history of violent and sexual crimes, challenged his detention as an involuntary psychiatric patient, arguing that the Mental Health Act was being used to extend his prison sentence indefinitely (psychiatric gating) and that his Charter rights were violated.
The Court of Appeal upheld the Board's decision, finding that the appellant suffers from mental disorders (paraphilia, antisocial personality disorder with psychopathy) that pose a serious risk to others, that the initial Form 1 was properly completed, and that the appellant's Charter claims under sections 7, 9, 11(h), and 12 all failed.
