The Ontario Provincial Police (O.P.P.) brought a motion to amend a temporary parenting order, seeking to be relieved of their responsibility to apprehend and deliver a child under section 36 of the Children's Law Reform Act.
This responsibility was initially assigned due to a demonstrated conflict of interest within the Waterloo Regional Police Service (W.R.P.S.), where the respondent father was employed.
The court found that W.R.P.S. had failed to provide effective and independent police services for the family, particularly the child, due to the inherent conflict.
Emphasizing the best interests of the child and exercising its parens patriae jurisdiction, the court dismissed the O.P.P.'s motion, maintaining their role in enforcement to ensure independent policing.
