Julia Klein

An appellant, convicted in 1998 of administering a noxious substance to her child based on flawed Motherisk Drug Testing Laboratory (MDTL) hair analysis, successfully reopened her conviction appeal.

Fresh evidence, in the form of two Ministry of the Attorney General reports (2015, 2018) detailing the unreliability of MDTL testing, was admitted.

The Court of Appeal found that without the discredited MDTL evidence, the appellant would not have been convicted.

The conviction for administering cocaine and the stayed conviction for criminal negligence were set aside, and acquittals were entered.

The court also lifted a publication ban on the appellant's name at her request, acknowledging the wrongful conviction and allowing for public correction.

A child protection disposition hearing following a finding that three children were in need of protection due to emotional harm resulting from parental neglect and exposure to domestic violence and substance abuse.

The mother had exposed the children to crack cocaine use, domestic violence with an abusive boyfriend, serious school absences, and neglect of medical and dental needs.

The father sought custody.

The court granted final custody to the father under section 57.1 of the Child and Family Services Act, finding that the children were thriving in his care and that the mother lacked insight into the harm caused and continued to pose risks through poor judgment and manipulation during access visits.

The court ordered supervised access initially, transitioning to unsupervised weekend and holiday access.

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.

The Children's Aid Society brought a summary judgment motion seeking a finding that a child was in need of protection under clause 37(2)(b) of the Child and Family Services Act based on the mother's mental health issues, substance abuse, and domestic violence.

The father supported the motion while the mother opposed it.

The court granted the motion and found the child in need of protection, determining that the mother's combination of untreated mental health conditions, ongoing drug use during pregnancy and post-birth, and inability to protect herself from domestic violence created a real and likely risk of physical harm to the child.

A motion for summary judgment brought by the Children's Aid Society seeking an order that three children be made Crown wards without access for the purpose of adoption.

The mother opposed the motion, seeking dismissal and arguing for a trial where she would seek custody of the children.

The court found that the Society had met its onus of establishing no genuine issue for trial.

The children had been apprehended due to emotional harm from witnessing domestic violence, parental substance abuse, and mental health issues.

Despite nearly two years of involvement and multiple opportunities for the mother to address her issues, she failed to comply with court orders, continued substance abuse, demonstrated poor parenting judgment, and was unable to provide emotional safety for the children.

The court granted the motion and made all three children Crown wards without access, though noting the Society retained discretion to permit contact if in the children's best interests.