The Children's Aid Society sought a finding that a newborn child was in need of protection under Section 74 of the Child, Youth and Family Services Act, alleging risks based on parental substance use, the father's youth justice involvement and anger management concerns, lack of engagement with the Society during pregnancy planning, and inadequate preparedness for the child's discharge from hospital.
The court rejected all grounds for the protection finding, determining that the Society failed to establish a real and likely risk of physical or emotional harm on a balance of probabilities.
The court found the parents' plan to reside with extended family support was reasonable and responsible, and that the Society's concerns were largely speculative or based on incomplete and misleading information presented in the apprehension warrant application.
