F. Roy

The Office of the Children's Lawyer, acting for two young children in extended society care, brought a motion to withdraw an openness application previously filed on their behalf.

The withdrawal was sought due to the father's aggressive and threatening behaviour towards society workers and the adoptive parents' resulting fear.

The court applied factors relevant to withdrawing protection applications and granted the motion, noting the parents were access recipients without an independent right to seek openness, and that withdrawal was in the children's best interests.

The accused was charged with sexual assault, assault with a weapon, and mischief against his spouse.

The complainant alleged she was sexually assaulted while heavily intoxicated and later assaulted with a cell phone during an argument.

The court acquitted the accused of sexual assault, finding reasonable doubt regarding the complainant's capacity and consent due to her intoxication and uncertain memory.

The court convicted the accused of assault with a weapon based on the complainant's credible testimony and corroborating photographic evidence of a bruise.

The mischief charge was dismissed due to reasonable doubt about intent.

The accused sought a review of his detention order pursuant to s. 525 of the Criminal Code.

He faced multiple charges across different regions, including weapons offences and breaches of release conditions.

The court found that the accused lacked insight into his mental health issues and was unlikely to comply with the proposed release plan involving a mental health support organization.

The court concluded there was a substantial likelihood the accused would reoffend if released, and that his continued detention was necessary for public safety.

The application was dismissed.

The applicant mother sought an urgent order for the immediate return of her two children, who had been unilaterally retained by the respondent father after an access visit.

The court found the matter urgent, applying the factors from *Thomas v. Wohleber*.

The court strongly condemned the father's self-help actions, noting his failure to seek judicial intervention despite serious allegations and his attempt to gain an advantage during the COVID-19 court suspension.

The court ordered the immediate return of the children to the mother's care and granted a police enforcement order, emphasizing that unilateral changes to a long-standing status quo are not in the children's best interests.