The Catholic Children's Aid Society sought a warrant to apprehend and return a child in care pursuant to subsection 41(1) of the Child and Family Services Act.
The child, age 13, had run away from foster care for the third time since July 2014.
The respondent mother supported the application.
The court determined that a judge of the Ontario Court of Justice has authority to issue such a warrant when acting as a justice of the peace under section 5 of the Justices of the Peace Act.
The evidence met the statutory test: the child was under 16, had left care without consent, and there were reasonable and probable grounds that no other course of action would adequately protect the child.
The warrant was granted.
