Dr. Hillen

In a child protection proceeding under the Child and Family Services Act, the court considered whether two children previously found to be in need of protection should be returned to the mother under a supervision order or made Crown wards without access.

The evidence demonstrated persistent substance use, untreated mental health issues including borderline personality disorder, hostility toward the child protection agency, refusal to cooperate with services, inconsistent participation in access visits, and inability to meet the children’s needs.

The court emphasized the statutory requirement for timely permanency planning and the lack of viable kinship placements.

Concluding that the mother could not safely parent the children and was unable to work with service providers, the court ordered Crown wardship without access for the purpose of adoption.

The appellant appealed a disposition of the Ontario Review Board which found he continued to pose a significant risk to the public and ordered his detention.

The Court of Appeal dismissed the appeal, finding ample medical evidence to support the Board's determination regarding the appellant's harassing behaviour.

The majority held that the Board's conditions for detention and its decision not to order a transfer to another facility were reasonable.

A dissenting judge would have allowed the appeal and remitted the matter to the Board to explore less restrictive placements.