A child protection application brought by the Children's Aid Society seeking a finding that two children were in need of protection under section 37(2)(b)(i) of the Child and Family Services Act due to risk of physical harm.
The mother consented to the finding through an agreed statement of facts.
The father contested the application.
The court found overwhelming evidence that the children were at risk of physical harm while in the father's care, including: the father's misuse and abuse of prescription medications (particularly oxycodone), his involvement in a dangerous driving incident while impaired by drugs with the children in the vehicle, his pattern of "doctor shopping" to obtain controlled substances, and his physical and verbal abuse of the mother in the presence of the children.
The court made a finding that the children were in need of protection and ordered a parenting capacity assessment to proceed.
