John Rogers

The Applicant Society brought a motion for summary judgment seeking a deemed custody order in favour of the child's kith caregivers, with access to the respondent mother at the caregivers' discretion.

The mother consented to the finding that the child was in need of protection but sought joint decision-making and fixed, unsupervised access.

The court found no genuine issue for trial, noting the mother's lack of credibility, her concerning associations, and the deteriorated relationship between her and the caregivers, which precluded joint decision-making.

The court granted summary judgment, awarding sole decision-making to the caregivers and ordering weekly access at their discretion, requiring 48 hours' notice from the mother.

The applicant Society brought a motion for temporary care of a newborn child who was apprehended at birth due to concerns regarding the respondent mother's unmedicated paranoid schizophrenia.

The mother opposed the motion, arguing she could safely parent the child without medication and seeking a graduated return.

The court found that the mother's deteriorating mental health, refusal to follow medical advice, and recent aggressive behaviour posed a risk of harm to the child that could not be adequately addressed by a supervision order.

The court granted the Society's motion for temporary care, with the child to be placed with the paternal grandparents.

In a constitutional labour appeal, the appellant challenged provincial legislation that nullified certain collective agreement terms and barred similar terms from being renegotiated until a specified date.

The central issue was whether the legislative scheme violated freedom of association under s. 2(d) of the Charter and whether any infringement was justified under s. 1.

The appellate court below had upheld the legislation on the basis of meaningful pre-legislative consultation and good faith dealings.

The Court allowed the appeal, substantially adopting the dissenting appellate reasons that found unconstitutional interference with collective bargaining protections.