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Child returned to parents with severe mental health histories under a 12-month supervision order.
The Children's Aid Society brought a child protection application regarding a two-and-a-half-year-old child.
Both parents had serious histories of violence for which they were found not criminally responsible, but had since received absolute discharges from the Ontario Review Board and were successfully managing their mental health conditions.
The Society and the parents sought an order returning the child to the parents' care subject to a 12-month supervision order, which the Children's Lawyer opposed.
The court found the child in need of protection due to the catastrophic risk if either parent relapsed, but concluded it was in the child's best interests to be returned to the parents' care with strict supervision terms, as the risk of relapse was low and well-monitored.
The mandatory minimum sentence for using an imitation firearm was struck down as grossly disproportionate.
The defendant pleaded guilty to robbery with an imitation firearm and challenged the constitutionality of the mandatory minimum sentence under s. 85 of the Criminal Code, arguing it violated s. 12 of the Charter.
The court applied the R. v. Nur framework, determined a proportionate sentence of five months' incarceration, and found that the mandatory minimum of one year consecutive (resulting in a 17-month sentence after considering pre-trial credit) was grossly disproportionate, thus violating the defendant's s. 12 Charter rights.
The mandatory minimum was declared of no force and effect, and a sentence of 5 months imprisonment (less 38 days credit) plus probation was imposed.
