2 total
The court ordered the immediate return of two children, finding the Society's removal unjustified.
The Children's Aid Society of the Region of Peel sought extended care for two children, J and M, and specified access for the parents, T.R. and A.S. The parents sought the children's return to their joint care.
The court found the Society's initial removal of the children unjustified, concluding they were not at risk of physical harm in the parents' care.
The court determined that the children had suffered emotional harm due to their prolonged separation and placement in foster care, and that the Society had failed to apply consistent scrutiny to the foster parents' care compared to the biological parents.
The court ordered the immediate return of the children to the parents' care, subject to Society supervision and Office of the Children’s Lawyer (OCL) involvement, emphasizing the children's best interests and the parents' perseverance.
Accused acquitted of aggravated assault as circumstantial evidence did not exclude reasonable inference of accidental injury.
The accused was charged with aggravated assault after her daughter suffered a severe laceration to her forehead.
The Crown's case was entirely circumstantial, alleging the accused intentionally injured the child out of frustration.
The accused testified the injury was an accident caused by a malfunctioning highchair.
Applying the principles from Villoroman and W.(D.), the court found that while the accused's testimony was not fully accepted, it left the court with a reasonable doubt.
The court concluded that the circumstantial evidence was reasonably capable of supporting an inference that the injury was accidental, resulting in an acquittal.
