This decision addresses a "focused hearing" within a child protection proceeding to determine if two children (ages 13 and 9) are in need of protection under the Child, Youth and Family Services Act (CYFSA).
The court found that the children were in need of protection under sections 74(2)(b)(i) and (ii) of the CYFSA, primarily due to the mother's mental health issues and associated unpredictable, harmful behaviours, which created a risk of physical and emotional harm.
The court emphasized the utility of focused hearings as a judge-driven procedural tool to streamline child protection cases and achieve the objectives of a just hearing, noting that such hearings are trials requiring trial-worthy evidence.
